Pennsylvania Domestic Violence Legal Questions

You can TRY but you risk being charged with false police reporting. The notion of law enforcement "bullying" you into perjury or false police reporting, especially if you called them to the scene, is inherently "problematic." Anyone who has practiced criminal or family law for more than a month has seen the claimed victim of a DV event later try recant the police report when the reconcile with the offender - its the reason why so many prosecuters now prosecute victims who try to imepede prosecution. ... Read More

The situation is a little unclear, becaues you say that he wasn't charged but also write that you went to court for his charges.  If he was criminally charged and either tried or pled guilty, and snetenced, he can't be retried criminally.  Even if he wan't charged, you have little chance of getting the D.A. to change his mind.  Howver, there is nothing to prevent you from bringing a civil lawsuit against  your abuser.... Read More

The short answer to this question is, no, you cannot.  The much longer answer is that once the Commonwealth brings charges, you are no longer in control of the case.  You are just a critical witness to the case.  There may be other reasons that they want to bring the charges even if you are not cooperative (for instance they are charged with protecting the community).  You should have been assigned a victim advocate with the DA's office.  You should call this person or the assigned DA and make your feelings known.  If anyone has threatened you or asked you to change your testimony they can be prosecuted.  Also, there are mechanisms available for you to get counselling, which is not a sign of weakness, that you can avail yourself of.  I am sorry you are dealing with this stress, as a victim you have the right to be heard, make sure they are listening.  ... Read More

You can make your wishes known the prosecutor.  The problem is you are just a witness in the case.  The Commonwealth has control of the prosecution and they can compel you to testify if needed.  Especially in Domestic Violence cases the victim does not want to testify by the Commonwealth has the duty to protect everyone and your abuser may represent a danger to the community, in which case your wishes are less important than the greater good.  Speak openly and honestly with the prosecution and consider retaining your own counsel if things start to get messy.  ... Read More

Its very hard to answer this sort of question because most a swers are county specific.  Talk to a local attorney and they can tell you how the police and prosecutors usually handle these types of cases.  In many if the counties I operate with some counselling and usually Community Service we can get the charges reduced.  Some counties require a more structured domestivmc violence program.  ... Read More

You should absolutely seek legal advice.  While contacting him could be harassment, suing him is not.  It is unlikely that there is something going on in the background.  The police try hard not to charge people with stuff like this.  So in all likelihood he was just trying to warn you so he didnt have to charge.  If he does charge, get an attorney, you have some pretty good defenses.  ... Read More

Yes.  It is very rare that a District Attorney would do this.  But they can have a warrant issued for a material witness (which you are).  Judge hate doing this because they dont want to lock up a victim.  But if the Defendant represents a serious enough threat to you or the community they will.  ... Read More

Inactive means that a warrant has been issued.  You very much still need to be worried about this case.  You should consult with a local attorney to resolve the warrant issue.  Once that is taken care of the attorney can help you work on any potential defenses.  I would deal with the warrant issue sooner rather than later as they have a habit of popping up at the worst possible times.     ... Read More

Depends on the facts of the case really.  The Commonwealth can compel her testify with a subpoena.  That means if she doesn't testify they can arrest her and hold her in contempt.  However, in some cases if the complainant doesn't show up the Commonwealth will dismiss the charges.  What county you are in makes a big difference.  Many counties don't even require the victim to testify at the Preliminary Hearing (they don't have to according to the rules) but a few do.  Your best way to answer this question is to talk to your attorney and find out how your county and judge handle these matters.   It is not unusual for the complaining witness to be uncooperative in these types of cases.  Most prosecutors have handled this situation a few hundred times and will have well defined rules and procedures.  The only way to know what those are is to have local counsel who will likely have handled a similar number of cases. ... Read More

I need more information before I can answer that question. If you have just filed a PFA against your mother, then your mother would be evicted from the residence should you prevail. However, it sounds like you are describing a situtation where your mother has also cross-filed a PFA petition against you.  In that case, you would only be evicted from your home if your mother's petition is granted and your petition is denied. The policy of the Protection from Abuse Act is that the victim and the abuser should not be living in the same residence.  Hence, if the parties share a residence, the party found liable for abuse will be excluded from the residence.... Read More

Legally, it's your car and yours alone. It was a gift and you have never done anything to change that status (e.g. jointly titling it). That being said, your local police, if called, would likely say something like "Ma'am, you're married, so everything is joint property." If you want to protect your interests, you may have to file for divorce.... Read More

Your instincts were correct.  The cop is trying to get you to plead guilty to a summary offense rather than go through the ARD program.  As you read, with ARD you never plead guilty or admit to anything.  The court proceedings are done off the record in Common Pleas Court.  You were likely in front of a Magisterial District Justice who can take a summary guilty plea, but not a misdemeanor plea.  The important thing to remember is that if you enter ARD you will likely be placed on probation for about a year and then the charges will be dismissed and can be expunged if you followed all the rules.   If you plead to the summary charge you probably won't get probation but you also won't be eligible for an expungement for five years, and then only if you had no new offenses in the interim.  You can read more about ARD here.  Best of luck.  Steve... Read More

This depends on what is written in the PFA Order.  Generally the answer is no but sometimes the Judge makes an exception, such as for communication about child custody.  For more information about PFA law read the following link, but you should really consult a lawyer live: http://fairlielaw.net/practice-areas/protection-from-abuse/ Steven F. Fairlie, Esq.Fairlie & Lippy, P.C.1501 Lower State Road, Suite 304North Wales, PA 19454voice: (215) 997-1000fax: (215) 997-1777steve@fairlielaw.netwww.fairlielaw.net  ... Read More