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DOMESTIC ABUSE VIOLENCEIf you have been assaulted, contact your local police department. If you need to file for a protection order and the courthouse is closed or a judge is not available, papers may be filed before a district justice or Municipal Court Judge.Domestic
violence services are offered in every county in Pennsylvania. These services
include crisis hotlines, shelters and legal advocacy. Your local domestic
violence hotline is available 24 hours a day, and a counselor may be able to
help you seek a protection order. WHAT
IS ABUSE? Under the Protection From Abuse Act, abuse is
defined as any of the following: 1.
Attempting to, or intentionally or recklessly causing bodily injury, serious
bodily injury, rape, spousal sexual assault or involuntary deviate sexual
intercourse with or without a deadly weapon; 2. Placing another, by physical threat, in fear of
serious bodily injury; 3.
False imprisonment, as defined under the crimes code; 4.
Physically or sexually abusing minor children; and/ or 5.
Stalking a person and placing that person in reasonable fear of bodily injury. The
Act does not apply to
emotional or mental abuse; alone; it must involve physical harm of the threat a
physical harm along with the emotional or mental abuse. WHO DOES THE ACT PROTECT? The act applies if the person who has or is trying to harm you is: (1) or was your spouse; (2) or was living with you in a common-law marriage or as your boyfriend/girlfriend; (3) the parent of your child; (4) your child; (5) or was a sexual or intimate partner; (6) your parent; or (7) related to you by blood or marriage. An adult or a minor living on his/her own can file
for a protection order. If the abused person is a minor, then a parent, adult
household member or guardian appointed by the court can file on behalf of the
child. WHERE DOES THE ABUSED PERSON GO TO GET PROTECTION? Filing procedures are different in every county.
Each county has different procedure. Contact
your local crisis hotline, domestic violence a shelter or legal services office
for more information on the filing procedures in your county. HOW DO I RECEIVE A TEMPORARY PROTECTION ORDER? After filing a petition for protection from abuse,
a judge will review the case to determine if a temporary protection order should
be granted. If the judge believes that abuse has occurred, he/she will issue a
temporary protection order granting immediate relief and schedule a hearing that
will be held within 10 days. NOTICE TO THE ALLEGED
ABUSER ? The abuser must be served with notice of the temporary protection order and the hearing date. The sheriff's office department or a local law enforcement agency will serve the court order on the alleged abuser. Once the abuser is served, he/she can be arrested for violating the terms of the court order. After the temporary order expires, a FINAL order may be entered pursuant to a full hearing. At the hearing, the judge will listen to the facts of your case. If the judge agrees that abuse has occurred, a final protection order will be issued for up to one year. WHAT A FINAL PROTECTION
ORDER PROVIDE? A protection from abuse order can: 1
.direct the abuser to not abuse, threaten, harass or stalk you; 2.
direct the abuser to stay away from the house or apartment where you live, even
if that is also the abuser's home; 3.
direct the abuser to stay away from your school or work place; 4. direct the abuser to refrain from harassing you
or your relatives; 5. prohibit the abuser from having any guns or gun
permits; 6. direct the abuser to pay you for losses resulting
from the abuse. These could include medical bills and lost wages; 7. direct the abuser to attend a batterer's
counseling program (depending on jurisdiction); and 8.
allow the judge to grant any other relief deemed necessary to bring an end to
the abusive situation. Any
order entered by the court can be made for a period of up to one year. The court
can also award you temporary custody of your children and may grant you
temporary support for yourself and/or the children of the abuser. SUPPOSE THE ABUSE OCCURS AT NIGHT, ON WEEKENDS OR WHEN THE COURTHOUSE IS CLOSED? In case of an emergency or if you've been
assaulted, contact your local police department. If you are in. immediate and
present danger of abuse, a petition for protection from abuse may be filed with
a district justice, or in Philadelphia, before a Municipal Court Judge. If the
hearing officer believes that you are in immediate danger, he/she can grant you
an emergency protection from abuse order. The hearing officer will then advise
you on what procedures need to be followed to obtain a final protection from
abuse order. IS THE PROTECTION ORDER
VALID IN OTHER COUNTIES? Yes. The Pennsylvania State Police maintains a
registry of all protection from abuse orders issued throughout the Commonwealth.
A court will enforce a valid protection order that is issued in another county
and recorded in the Pennsylvania State Police Registry. IF THE ABUSER VIOLATES THE ORDER you should
immediately call the police and report the violation. A police officer can
arrest the abuser, even if he/she does not witness the abuse. After an arrest,
the officer must take all weapons used or which were threatened to be used
during the violation of the order or during prior incidents of the abuse. An
abuser charged, with the contempt of a protection order can face criminal
charges for the acts committed that were in violation of the order. After a
hearing the court could find the abuser in contempt and sentence him/her to
prison for up to six months and/or a fine of up to $1,000. CAN THE ABUSED PERSON LIVE WITH THE ABUSER AFTER RECEIVING A FINAL PROTECTION ORDER? Yes. Any
provision that an abuser must not abuse the victim(s) remains in effect even if
the parties are living together. However, either you or the abuser should file
papers with the court asking the court to change the order to read that the
abuser may live with the abused, but still must not abuse the victim(s). DOMESTIC VIOLENCE PROGRAMS
Domestic violence services are offered in every
county in Pennsylvania. These services include crisis hotlines, safe homes or
shelters, legal advocacy, community education, counseling, systems intervention,
transportation, as well as information and referral. A domestic violence counselor may be available to help an
abused person seek a protection order. Your local domestic, violence hotline is
available 24 hours a day, and all" services are confidential. For more
information, look in the blue pages of your local phone book. FOR
ADDITIONAL INFORMATION CALL THE TOLL FREE HELP LINE 1-800-232-1477 E-mail: lawyer@lawwalk.com JAMES
W. PEARSON, JR. Chair of the Federal & State Credit Union Department & Coordinator of legal consultations under the Family Legal Care Plans offered to credit union members. |
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