Lawyers, Answer Questions  & Get Points Log In
Pennsylvania Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence and Family Law for Pennsylvania on
Q: Hi, I am a victim of an abusive marriage that had led me into a medical condition? And now he left me and a baby

He had been calling me hurtful names and wilfully hurting me to file for a divorce. Because I have sacrificed and done a lot for him to be who he is now, he feels ashamed of what people will say. Because he had no future he saw that i could help him succeed in life,he kept on... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Mar 30, 2018

You need to consult in person with an experienced family law attorney. If you feel you cannot afford to pay a private attorney, then try contacting North Penn Legal Services. If they can't help, they may be able to suggest other resources which may be available to you.... View More

2 Answers | Asked in Child Custody, Divorce, Domestic Violence and Immigration Law for Pennsylvania on
Q: Can an American citizen have his wife deported to spite her and keep their child?

I have a friend who is a foreign national that has been married for two years and has a son with an American citizen. The husband had an affair and became very psychologically abusive. (He also strangled his mistress and faces felony charges in another state.) Once my friend got a restraining order... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Mar 21, 2018

She should see if she can qualify for representation by the legal assistance agency in her county. If not, sometimes the bar association in the county has a panel of lower cost attorneys available to assist in matters, although perhaps not immigration. Sometimes local domestic violence... View More

View More Answers

1 Answer | Asked in Domestic Violence for Pennsylvania on
Q: I had to kick my ex out of the house physically cause she wouldn't leave my house and has bruises can she press charges?

She doesn't live there and I didn't hit her by I threw her out with force and she has bruises

Kathryn Hilbush
Kathryn Hilbush
answered on Mar 21, 2018

Sure. If she does, do yourself a favor and consult with a local attorney experienced in domestic violence.

1 Answer | Asked in Domestic Violence for Pennsylvania on
Q: My daughter is in the beginning of a divorce , I suspect he is using intimidation and maybe physical threats or abuse .

If I find this to be true can I have him brought up on charges or does she have to.

Kathryn Hilbush
Kathryn Hilbush
answered on Mar 19, 2018

Ordinarily it would be your daughter who would file for a Protection from Abuse Order against him. Perhaps you can suggest that she consult with a local domestic violence group to help her determine whether she is being subjected to undue pressure or worse.

1 Answer | Asked in Domestic Violence for Pennsylvania on
Q: Can a state get a warrant for a defendant without them violating a restrain order and the plaintiff not pressing charges

The defendant has yet to receive the restraining order. But had police at his home looking for him because of a warrant. For reasons that weren’t on the restraining order. At the hearing I plan on asking to get the restraining order lifted. Due to him getting help with his drinking . The main... View More

Ryan L Hyde
Ryan L Hyde
answered on Feb 23, 2018

Pressing charges is a myth. Its a construct of TV law enforcement. The only people that can bring charges are the police and prosecutors. If they have probble cause to arrest they can charge and get a warrant. Doesnt mean they can convict but probable cause is a pretty low standard for an... View More

1 Answer | Asked in Domestic Violence for Pennsylvania on
Q: Battered woman must give abuser 90 days notice she is leaving with their son?

An acquaintance is in Mechanicsburg, PA and trying to get back to Pittsburgh after her partner physically assaulted her and her 6 year old son (no relation to abuser) pretty severely. They are currently at a women's shelter. She has an infant with her abuser and was told she must give him 90... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Feb 18, 2018

Here's the statute. Read section 5337 and then 5328-5330.

http://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/23/00.053..HTM

She should speak to an attorney in the area where she's resided for the last six months about expediting the procedure.

1 Answer | Asked in Domestic Violence for Pennsylvania on
Q: How do I get justice for what has been done to me by my stepdad? (19 years old victim of domestic violence for past 9yr)

I am a victim of domestic violence. My Step-father was a drunk, narcissistic, physical, sociopath who emotionally, physically, and verbally abused my mother, sister, and I for 9 years. Last march was the final straw when he punched my sister and mom in the face and I had to run to grab my 5 year... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Feb 18, 2018

You can consult with a personal injury attorney to see if your have any recourse. respectfully, I also strongly urge you to engage in therapy to find a way to help yourself move on. What happened to you is truly awful, but you owe yourself the opportunity to have a full life despite what happened.

1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for Pennsylvania on
Q: I have to refuse to testify (it will incriminate me) against my spouse (DV case). How to plead the 5th?

My spouse simply did not do what is being alledged. I realize calling the police was the stupidest thing I've ever done but it was a bad night so I did something I shouldn't have. Now my spouse has to take the fall. In the jury trial I will be asked to testify. I refuse, even if that... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Feb 13, 2018

You should have consulted a criminal defense attorney but, even if your haven't thus far, I don't think it's too late

1 Answer | Asked in Domestic Violence and Family Law for Pennsylvania on
Q: I am currently getting out of a abusive relationship and want to go to another state with my abuser kids?

I have 2 kids by my abuser he is obsessive and a stocker and still have keys to my home I want to move back to Virginia where I'm from with family and give my kids a better life and start fresh but he trying to keep me here and serve me papers so I can't take them what can I do it's... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Feb 9, 2018

PA, as do many other states, has a statute which requires you to either gain the other parent's written consent and a court order to relocate the children, or obtain the court's permission to do so. You really should consult with an experienced family law attorney in your area about the... View More

1 Answer | Asked in Consumer Law, Criminal Law, Domestic Violence and Federal Crimes for Pennsylvania on
Q: If somebody commits suicide and the person they where telling says "do it, kill yourself I could care less!"

Could the party receiving this information get into any trouble for not contacting proper authorities if the person is successful with the suicide

Zak Taylor Goldstein
Zak Taylor Goldstein
answered on Feb 8, 2018

Charges are sometimes brought in these types of cases. There was a heavily publicized case in Massachusetts recently where a young woman encouraged her friend to kill himself and he did. She was convicted of charges for this.

2 Answers | Asked in Criminal Law and Domestic Violence for Pennsylvania on
Q: my mom pressed harrassment charges on me can she go drop the charges?
Ryan L Hyde
Ryan L Hyde
answered on Feb 1, 2018

Pressing charges is a meaningless term, it confuses people because it makes people believe that as a witness you have any control over a case. Once an officer determines they are going to charge they charge. The complaining witness is just that, a witness. They will often times solicit the... View More

View More Answers

1 Answer | Asked in Domestic Violence for Pennsylvania on
Q: My neighbor had a fight with his girlfriend and i called the cops but the couple left before the cops came, what hapoens
Kathryn Hilbush
Kathryn Hilbush
answered on Dec 22, 2017

Probably not much, if anything, since they seem uninterested in having the police involved.

1 Answer | Asked in Criminal Law, Domestic Violence and Federal Crimes for Pennsylvania on
Q: Can a parent press charges for their child who is not a minor?

Let me add some detail here. Let's say there's an aggravated assault. Can the parents of the victim do anything on the victim's behalf? Only if the victim is a minor, right?

Now, for another line of thought. Let's say alcohol was involved in the assault, used by both... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Dec 19, 2017

I'm not sure what you're asking. If you were a witness to a crime you can go to the police. You can't file for a Protection from Abuse order on behalf of a competent adult, even if he/she is your child.

1 Answer | Asked in Family Law and Domestic Violence for Pennsylvania on
Q: Can my mother take out everything in my room and leave me with a blanket?

My mother has hit me before hand but makes it seem like im at fault and i've been to foster care before because she has left bruises on my arms but they brought me back.

Kathryn Hilbush
Kathryn Hilbush
answered on Dec 13, 2017

It sounds to me like you need to consider discussing your situation with your school counselor or a trusted adult. Your home situation seems precarious..

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Pennsylvania on
Q: How can i legally keep my babys father away
Kathryn Hilbush
Kathryn Hilbush
answered on Dec 13, 2017

To do it legally as you ask, you'd need a court order, but, honestly, it's pretty difficult to get such an order. You might better understand the process and requirements if you meet with an experienced family law attorney.

1 Answer | Asked in Domestic Violence for Pennsylvania on
Q: If subpoenad for a dv case in which i am the victim. Wil i go to jail in ohio
Ryan L Hyde
Ryan L Hyde
answered on Dec 11, 2017

You should be in contact with the district attorney who requested the subpoena. A subpoena is a court issued order which states you must appear. That being said the DA should help you appear and if you have questions you need to talk to them. Ignoring a subpoena is perilous as if the charges... View More

1 Answer | Asked in Domestic Violence for Pennsylvania on
Q: Friend planning on leaving spouse, scared commonwth. Will sue/charge her bcuz of 10 plus calls in 8 ,months to LEOS

There have been over a dozen calls made from herself, land lord, mieghbors and husband to police. The most recent he was excessively inebriated, and he called, at which point they took him to hospital over suicidal and drug/alcohol issues for the 72. Officers also insisted he press charges on her.... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Dec 10, 2017

I'm sorry but I find your question confusing. For example, if she's the one of the people contacting the police out of fear, why would they then tell him to file charges against her when he was drunk when they responded to her call? Anyway, I think the best thing for your friend to do is... View More

1 Answer | Asked in Domestic Violence for Pennsylvania on
Q: I am the victim in a domestic case in Pa. The state has filed . Am I allowed contact with the defendant?

The state pressed charges without my knowledge or consent. His lawyer said no contact between us. Is this actually a legal order? Is there a no contact order in place Bc of these charges?? I have not been served with one, or filed a PFA. Can I legally see/speak to the defendant while waiting for... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Dec 9, 2017

I'd follow what his defense lawyer tells you. You won't do the defendant any good by getting him in further trouble. If you don't believe the defense lawyer, then I suggest that you contact the district attorney's office, possibly their victim assistance unit, to find out what is going on.

1 Answer | Asked in Criminal Law, Domestic Violence, Sexual Harassment and Personal Injury for Pennsylvania on
Q: My daughter was sexually violated at preschool by another child. Do I have a case against the facility?

A little boy was shoving a toy in my daughters bottom. The teacher eventually found them and stopped it. She has definitely been affected by this and will most likely need some years of therapy. Idk what to do...

Peter N. Munsing
Peter N. Munsing
answered on Dec 4, 2017

Contact a member of the Pa. Assn for Justice in that county. If you need names let me know.

1 Answer | Asked in Family Law and Domestic Violence for Pennsylvania on
Q: Is it possible to sue you parents at the age of 14

My mom has been a real jerk to me in my childhood and she still is including locking me in a hot car and went in to the store for over 2 hours and spanking me until my butt is black and blue drawing on my face with permanent marker and not taking it off so I had to wear it to school and all my... View More

Peter N. Munsing
Peter N. Munsing
answered on Nov 30, 2017

you should discuss this with a counselor. As to suing your parents you could but for reaosns I won't bore you with that would be pointless. A counselor can help you evaluate your options and then you can look to decide what it is you want to do legally.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.