Domestic Violence is a hot-button issue in the United States, and Pennsylvania is no different. These offenses are treated very seriously both by Pennsylvania code and by Philadelphia law enforcement officers. After all, every spouse, parent, and family member deserves special legal protection from an act of violence within his or her own family unit.
The following acts can be considered domestic violence in Pennsylvania and are thusly protected:
- Stalking
- Criminal Trespass
- Harassment
- Violation of Protective Order
- Domestic Assault
- Endangering the Welfare of Children
- Child Abuse
- Sexual Assault
- Kidnapping
- Homicide
The laws giving special consideration to these and other acts of domestic violence are intended solely for protection. Unfortunately, however, false and exaggerated charges of domestic violence are often used as a weapon in volatile situations like child custody battles and divorces.
No matter the circumstances surrounding your Pennsylvania domestic violence charge, you should make sure your rights are protected. An experienced criminal defense attorney will be able to fight for your rights and work to defend your future from any unfair penalties or consequences.
Philadelphia Domestic Violence Lawyer
The LLF Law Firm is an experienced Criminal Defense Team. With years of experience serving the Philadelphia justice system in various facets, they operate on the principles of customer service and justice, wanting to provide the best legal service to the defendants that need it most. If you have been accused of domestic violence in Philadelphia and face a charge like domestic assault or child abuse, contact the lawyers of LLF Law Firm.
We will fight for the protection of your rights in a biased situation and build a strong, comprehensive defense for your case. To find out what LL FLaw Firm can do for your Philadelphia domestic violence case, whether your charges are false or exaggerated, call (888) 535-3686 today and set up your free initial consultation.
Pennsylvania Laws Regarding Domestic Violence
- Important Related Definitions
- Common Domestic Violence Charges in Philadelphia
- Responding to Protective Order Violations
- Philadelphia Domestic Violence Resources
Important Related Definitions
Since domestic violence crimes can extend outside what one would consider the traditional family unit, it is important to know a few terms before reviewing the charge you face. The following definitions are found in Pennsylvania Code Title 18 §6102, and could have a strong impact on your defense as well as other factors involving your Pennsylvania domestic violence case:
Cohabit
- When you and another person are living together as if you are married or family
Family or Household Member
- Spouse
- Ex-spouse
- Persons related by blood
- Persons related by marriage
- Persons who have a biological child together
- Current sexual partners
- Former sexual partners
- Cohabiters
- Persons who have previously cohabited
Harass
- To direct certain uninvited conduct that has no legitimate purpose toward another person
Domestic Abuse
- Causing or attempting to cause bodily injury, rape, sexual assault with or without a weapon, false imprisonment, or child abuse knowingly or intentionally to a family or household member.
Protection from Abuse Order
- Temporary or permanent protective order or restraining order from a judge prohibiting someone from committing specified acts and/or requiring someone to commit specified acts as a result of domestic abuse allegations
Domestic Violence Charges Common to Philadelphia
Harassment
- When an individual intends to harass another person by making physical contact, following them, communicating with them repeatedly, or repeatedly engages in conduct serving no purpose
- Summary offense
- Up to 90 days in jail
- Up to $300 fine
- 18 Pa.C.S. § 2709
Stalking
- When a person repeatedly follows or communicates with another person and causes that person severe emotional distress or a reasonable fear of bodily injury
- First-degree misdemeanor or Third-degree felony
- Up to 2.5-5 years or 3.5-7 years of jail, depending on the classification
- Up to $10,000 or $15,000 fine, depending on the classification
- 18 Pa.C.S. § 2709.1
False Imprisonment
- Knowingly and unlawfully restraining a person against his or her will
- Second-degree misdemeanor
- 1-2 years of prison
- Up to $5,000 fine
- 18 Pa.C.S. § 2903
Child Abuse
- Includes a variety of actions, but generally occurs when a parent or guardian knowingly endangers the welfare of a child through negligent or reckless actions
- First-degree misdemeanor or third-degree felony, depending on the case
- Up to 2.5-5 years or 3.5-7 years of jail, depending on the classification
- Up to $10,000 or $15,000 fine, depending on the classification
- 23 Pa.C.S. § 6903(b)
Sexual Assault
- Engaging in sexual intercourse either with a person against his or her consent or with a person unable to give his or her consent
- Second-degree felony
- 5-10 years of prison
- $25,000 fine
- 18 Pa. C.S. § 3122.1
Responding to Protective Order Violations
Protection from Abuse Orders are used in Pennsylvania to protect a child, family member, or household member from an abuser by prohibiting the abuser from threatening, harassing, or stalking the victim. This is accomplished by specifically prohibiting the abuser from contact with the victim, coming within a certain distance of the victim, entering the school grounds of the victim or the victim's child, showing up at the victim's work, possessing a firearm, removing child custody from the abuser, or any other specific relief the judge deems necessary to protect the victim.
Violating the terms of the protective order is a serious offense that can result in serious consequences. A law enforcement officer can arrest an abuse for an alleged violation of a protective order without witnessing the events surrounding the violation. If the alleged violation is confirmed by the court, the abuser could be facing contempt of a protection order, which involves up to 6 months of prison and fines up to $1,000. This does not include any private complaints or criminal charges arising out of the same incident.
Philadelphia Domestic Violence Resources
Philadelphia Police Department - The city police department has the task of promoting peace and ensuring the safety for over one and a half million people. Officers are tasked with responding to calls for domestic violence and making quick judgments between aggressor and victim.
750 Race StreetPhiladelphia, PA 19106
Non-emergency phone: 311
In an emergency, dial 911
AARDVARC - Pennsylvania Division – AARDVARC stands for An Abuse, Rape, and Domestic Violence Aid and Resource Collection and is an organization committed to fighting and preventing domestic violence with information. This page is home to the Pennsylvania division, where you can find local information on the organization.
PCADV - Pennsylvania Coalition Against Domestic Violence – This site is operated by PCADV, a statewide nonprofit organization dedicated to ending Pennsylvania domestic violence. It contains critical information about domestic abuse programs, family violence hotlines, domestic violence counseling and shelters, and other resources for those who struggle with abusive relationships.
Finding the Best Domestic Violence Defense Attorney in Philadelphia
If you are facing domestic violence charges in the Philadelphia area, you could be facing an uphill battle – even if you are innocent. Fight to defend your rights and protect your freedom by calling the LLF Law Firm today. They will use their years of experience working with the Pennsylvania justice system to build a strong, customized case just for your circumstances.
To begin your defense, call LLF Law Firm today at (888) 535-3686 and schedule your initial Philadelphia domestic violence case evaluation.