Consequences of a Domestic Violence Charge in PA

The consequences of a domestic violence charge are no laughing matter in Pennsylvania.  The mere allegation of domestic violence triggers an emotional response in family, friends, police, prosecutors, and the judicial system.  Prosecutors’ offices across the Commonwealth of Pennsylvania take a firm stance on domestic violence charges; this stance has a trickle-down effect that reaches every pocket of your life.

When police respond to a domestic violence call, be assured that someone is getting arrested.  No police department wants the dark cloud distinction of being the department that didn’t take control of a domestic situation that was volatile enough to trigger a call to the police, and someone later ends of severely injured, or worse, dead.  How do police take control of the situation? Someone gets arrested, removed from the scene, and faces a domestic violence charge. 

Domestic Violence Accusations Lead To PFAs

Then what do police do?  They advise the other party to seek what is called, in the Commonwealth of Pennsylvania, a Protection from Abuse Order, or PFA.  Setting aside the arrest, the PFA is not a joke. A PFA is typically awarded with little factual assertion by a Court of Common Pleas Judge.  Why? No Judge wants the same dark cloud distinction that police also sought to avoid.  

Once the PFA is in place, the Sheriff’s or local Police Department serves it on the individual who is named as the Respondent (the individual requesting the PFA is the Petitioner).  The Respondent is then removed from the home, if the Petitioner and Respondent share a home; if the Respondent owns any firearms, those are taken away; and if there are children involved, the Respondent is typically prevented from seeing the children while the petitioner receives temporary full custody; and there is always a “no contact” order.  No contact means exactly that, NO CONTACT, no direct or indirect (through 3rd parties).  

The initial PFA is temporary pending a hearing; and at the PFA hearing, emotions run high.  The risk at the hearing is failing to produce sufficient evidence to defeat the PFA and then the PFA becomes permanent for up to three years.  Once permanent, if the Respondent is alleged to have violated it, a warrant is issued for the Respondent and he or she is typically incarcerated pending the quasi-criminal contempt hearing.  All of this is just the PFA.

Domestic Violence Charges Are Criminal Charges

The arrest almost always results in a criminal complaint being filed and charges being brought against the person, he or she is now not only a Respondent, but also a criminal Defendant.  The Petitioner is now an alleged victim as well. This triggers all kinds of additional people being brought into the fold: victim advocates, district attorneys, court personnel, family members, and friends. While the family and friends typically divide down the middle on which side they are on, police, court personnel, victim advocates and prosecutors do not.  Defending a criminal case that is initiated by a domestic call requires experience and skill to understand the underpinnings of the relationship between the two sides.  

Remember this one point: if you are accused of domestic violence, the police, the Judge, everyone will “shoot first, ask questions later,” because no one wants to be the one with the dark cloud over their heads.  

Contact A Domestic Violence Lawyer Immediately

If you are accused of domestic violence, you have a long and difficult uphill battle.  This is not a battle you should fight on your own. When seeking a Domestic Violence attorney, ask the questions that you fear the answers to, ask the questions about how credibility is determined and what evidence you need to defend yourself.  Simply pointing your finger at the other side saying “They’re lying” does not get the job done. Contact our Domestic Violence Attorneys to discuss your matter and seek advice. Give us a call at 610-566-1006.