QUESTION
In PFA cases can the victims be evicted from their home?
Asked on Jan 29th, 2015 on Domestic Violence - Pennsylvania
More details to this question:
My sister and I have a PFA out on our mother it is currently waiting to go to trial. We heard that her lawyer is going to try to get us evicted from our home and let our mother live in our home. All three of our names are on the lease and my sister and I and been paying rent since November. Dose this kind of thing usually happen? The landlord wants to renew a lease with my sister and I but they do not want my mother on the property. We are worried that along with having our lives threatened we will also be homeless.
1 ANSWER
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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.
Answered on Feb 17th, 2015 at 9:25 PM