Pennsylvania Domestic Violence and Spousal Abuse Laws
In Pennsylvania, if there has been actual or threatened physical abuse including the placing of another in reasonable fear of bodily injury by stalking or otherwise, a protection from abuse (PFA) order may be entered by the court. PFAs may only be filed against family or household members including parents and current or former sexual or intimate partners including spouses. (In cases where both parents have committed child abuse or neglect, a juvenile court action under the juvenile dependency laws could also be initiated.)
A PFA order can remove the abusing person from a jointly occupied residence and provide that no contact may occur for up to eighteen months. In addition to ordering the perpetrator of abuse to vacate a jointly occupied residence, a PFA order would direct that the abuser refrain from any contact with the victim. If a PFA order has been entered, the alleged abuser could be arrested and incarcerated pending any allegations on the alleged victim's part that the PFA has been violated. Furthermore, as part of a PFA order, a judge could enter an order granting the victim custody of any minor children and payment of PA spousal support and PA child support on a temporary basis pending a support hearing.
If domestic violence is alleged and a PFA petition filed, a hearing on the PFA is oftentimes the first contact the parties have with the family court system. A PA divorce complaint is not required to be filed prior to or simultaneously with the filing of the PFA action. Because a PFA can have a significant impact on the possession of a jointly occupied residence, custody of minor children and support, it is highly recommended that both the alleged victim and the alleged perpetrator obtain legal representation by a PA family law attorney at any PFA proceeding. For most PFA plaintiffs and defendants, one of the most significant aspects of a PFA order is the fact that if the plaintiff alleges that a temporary or final PFA is violated, the defendant can be arrested and incarcerated pending a hearing on the charge of Indirect Criminal Contempt.
Our PA spousal abuse lawyers are available to assist in obtaining a PFA Order if there has been actual or threatened domestic violence including spousal or child abuse. Our PA PFA attorneys are also able to defend an individual against the imposition of a PFA order if it is believed that the circumstances do not warrant the granting of a PFA order.
In certain circumstances, a defendant in a PFA action may have the court record expunged when an emergency or temporary PFA order is dismissed, and perhaps when it is withdrawn by the plaintiff. An expungement of a PFA record can be important when the defendant is a police officer, works with children or the elderly, or is otherwise subject to a background investigation for employment or otherwise as records of the entry of PFA orders are often easily obtained by searching the court's records online or at the court's prothonotary's office.
Our PA domestic violence advocates routinely accept cases in Allegheny County, Beaver County, Butler County, Washington County, and Westmoreland County . Our Pennsylvania family law attorneys accept cases from Armstrong County, Fayette County, Greene County, Indiana County, Lawrence County, Mercer County, Somerset County, and Venango County on a case-by-case basis.
How to File for an Emergency Protection from Abuse Order in Allegheny County
In Allegheny County, victims of domestic violence should report to the third floor (Room 3030) of Allegheny County Family Court located at 440 Ross Street, Pittsburgh, Pennsylvania 15219 between the hours of 9:00 a.m. and 11:00 a.m., Monday through Friday except during court holidays. Assistance in completing the PFA petition will be given and a hearing will be conducted at 1:00 p.m.
If you cannot arrive before 11:00 a.m. Monday through Friday, you should contact your local District Magistrate's office for instructions on filing a PFA Complaint at his or her office during normal business hours. If neither Family Court nor the local District Magistrate's office is open, you can proceed to the Allegheny County Night Court located at the Municipal Courts Building, 660 First Avenue, Pittsburgh, PA which is located near the new Allegheny County Jail. The telephone number for the Municipal Courts Building is (412) 350-3240. The Municipal Courts Building is available to assist victims of domestic violence Mondays through Thursdays from 6:00 p.m. until 6:00 a.m. and Fridays from 6:00 p.m. until Mondays at 6:00 a.m.
An Emergency PFA order which is obtained through a District Magistrate's office or Night Court is valid only until the next regular business day for the Court of Common Pleas of Allegheny County, Family Division. Any person receiving such an Emergency PFA order must appear between 9:00 a.m. and 11:00 a.m. on the next business day to obtain an order continuing the PFA.
What To Do if Your Allegheny County PFA Order is Violated
1. Immediately report any PFA violation to the police.
2. If the police arrest the defendant, the defendant will be taken to the local District Magistrate's office or to Night Court. Either you or the police officer will be required to complete a Complaint for Indirect Criminal Contempt of the PFA Order. The District Magistrate or Night Court judge will schedule a PFA Contempt Hearing which will take place on a Wednesday at 9:00 a.m. in Family Court. If the defendant was arrested and you have not received notice in the mail of the hearing date, you should contact the Family Court PFA office at (412) 350-4441.
3. If the police do not arrest the defendant, you should take a copy of your PFA Order to the local District Magistrate's office or to Night Court and complete the Complaint for Indirect Criminal Contempt. You will need to list all dates of any violations of the PFA and what occurred. If the District Magistrate or Night Court judge issues an arrest warrant, you should deliver it to the police department where defendant can be located for the defendant to be served. The District Magistrate or Night Court judge will schedule a PFA Contempt Hearing which will take place on a Wednesday at 9:00 a.m. in Family Court. If the defendant was arrested and you have not received notice in the mail of the hearing date, you should contact the Family Court PFA office at (412) 350-4441.
Free Legal Representation in Domestic Violence and Abuse Cases
In certain circumstances, our PA lawyers provide free legal representation to the victims of domestic violence, spousal abuse, or child abuse at their preliminary Protection From Abuse hearing. Please email our Pittsburgh lawyers' office or contact our office by telephone at (412) 281-9906 for our Pittsburgh office, (724) 776-9906 for our Cranberry office, or toll-free at 1(866) PA-DIVORCE or 1(866) PA-CUSTODY for your Pennsylvania Protection from Abuse and domestic abuse issues. Consultations can be scheduled in our downtown Pittsburgh, Cranberry Township (Butler County), or Whitehall Borough offices.
Western Pennsylvania Domestic Violence Shelters and Referral Sources
Pennsylvania Coalition Against Domestic Violence - 1(800) 932-4632
Alice Paul House in Indiana County 724-349-4444
Alle-Kiski Area HOPE Center located in Tarentum, Pennsylvania - 1(888) 299-4673
Crisis Center North located in Allison Park, Pennsylvania - (412) 364-5556
Crisis Shelter of Lawrence County 724-652-9036
Fayette County Domestic Violence Services (724) 439-9500
Greene County Domestic Violence Shelter 724-852-2463
Helping Abuse Victims in Need (HAVIN) located in Armstrong County, PA (Kittanning, Pennsylvania) - 1(800) 841-8881 or (724) 548-8888
The Crisis Center of Venango County (814) 677-7273
VOICE (Victim Outreach Center) located in Butler County, PA 1(800) 400-8551 or (724) 776-5910
Washington Women's Shelter located in Washington County, PA - 1(800) 791-4000 or (724) 223-9190
Womansplace located in McKeesport, Pennsylvania - (412) 678-4616
Women's Center and Shelter of Greater Pittsburgh - (412) 687-8005
Women's Center of Beaver County located in Beaver, Pennsylvania - (724) 775-0131
Free Cell Phones for Domestic Violence and Spousal Abuse Victims
The PA family law attorneys and staff at the law offices of Lisa Marie Vari & Associates, P.C., in conjunction with PAC Comm Wireless located in the Pittsburgh suburbs of Baldwin Borough and Oakland, collect used cellular phones and donate them to local abuse shelters where they are distributed to victims of domestic violence and spousal abuse to enable those individuals to dial for emergency police assistance. If you wish to donate a cellular phone, please mail or drop it off at our Pittsburgh law offices or contact your local domestic violence shelter for the nearest location accepting donations. If you are interested in obtaining a free cellular phone for emergency purposes, please contact your local domestic violence shelter for more details.
PA Appellate Cases involving Protection from Abuse
Lawrence v. Bordner - PA Appellate Court ruled that a Protection from Abuse (PFA) order may temporarily suspend a previously entered custody order if necessary to prevent abuse.
McCance v. McCance - Those persons entitled to file Protection from Abuse (PFA) complaints against their alleged abusers include persons who are family or household members including spouses, former spouses, persons living as spouses, parents and children, others persons related by blood or marriage, current or former sexual or intimate partners, and those who share biological parenthood.
Takosky v. Henning - PA Superior Court dismissed appeal of family court finding defendant in contempt of Protection from Abuse order when family court did not enter any sanctions or term of imprisonment against defendant.
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Disclaimer
The statements in this section are based on Pennsylvania law and have been issued to inform and not advise. The statements are general in nature and individual facts in a given case may alter their application or involve other laws not referred to here.
