What is domestic violence?
Domestic violence has been defined as the systematic domination of one partner by another. Experts agree that if it is ignored, instances of domestic violence are likely to increase in both frequency and severity. Although domestic violence cuts across all racial, religious, socioeconomic, and age barriers, the overwhelming majority of adult victims of domestic violence are women. Moreover, domestic violence often increases at the time of separation. Up to seventy-five percent of all domestic assaults reported to the police occur after the couple separates and, according to one author, women are most likely to be murdered when attempting to report abuse or to leave an abusive relationship.
How does Pennsylvania protect victims of abuse?
In order to prevent instances of domestic violence and bring batterers to justice, Pennsylvania adopted the PFA (Protection From Abuse) Act in 1976 to provide fast relief to victims of domestic violence and their children. Since its passage, the Act has been amended three times in order to expand the protections offered to victims of domestic violence. In its present form, Pennsylvania's Protection from Abuse Act prohibits a family or household member from causing or attempting to cause bodily injury to another family or household member, or placing another in fear of imminent serious bodily injury. Thus, one Pennsylvania court recently entered a Protection From Abuse Order against a husband who had restrained his wife, punched the wall near her, and threatened to hit her. Actual physical contact was not necessary for an order to be entered demanding that the abuser stop the abuse, stop having contact with the victim, and leave the household residence.
Once a petition is filed seeking a Protection From Abuse Order, a hearing is scheduled within ten days of the filing. In emergency situations, a temporary order may be entered immediately before a hearing is even held. Although most cases are settled by the parties entering into a voluntary agreement, if no settlement is reached a hearing will be held and the victim will be required to prove abuse by a preponderance of the evidence. If the victim of abuse wins at the hearing, the defendant will be required to pay the victim's legal fees and costs. Protection From Abuse Orders generally prohibit the defendant from having any contact with the victim and/or any minor children, and may evict the abuser from the household. The court may also modify a custody award in order to insure the safety of minor children, and can order the abuser to make temporary support payments and to pay a mortgage or rent. Additionally, the court may order the abuser to pay for the victim's moving expenses, medical bills, costs of counseling, property damage, and lost earnings which resulted from the abuse.
Getting help
Many law firms offer free representation to qualifying victims of domestic violence. We can help victims obtain a Protection From Abuse Order if there has been actual or threatened domestic violence, including spousal or child abuse. Assistance is also available from the following local agencies:
