Oftentimes, those who are subjected to the restrictions outlined in a Protection from Abuse (PFA) order are unaware that an alleged victim has taken any legal action against them until they're served with notice of a temporary PFA order by law enforcement officers. At that time, they may also be served notice of a hearing that will take place before a judge, which will determine whether a final PFA should be employed as a result of the specific circumstances at issue in an alleged domestic violence scenario.
While some individuals who are served with notice of a temporary PFA are inclined to panic, lash out, flee, or some combination of these reactions, it is important to remain centered. Why? If you are subjected to the terms of a temporary PFA, acting in any one of these ways could undermine the strength of your legal position, land you in trouble with the court, and/or limit your options for safeguarding your rights as you move forward. Instead of reacting in a knee-jerk fashion, it is better to start channeling your energy into building a solid legal defense strategy.
One of the keys to crafting a defense strategy that is as strong as possible involves assessing the evidence that is likely to be presented by both sides. Working with a skilled legal team will allow you to make the most out of this so-called “discovery” process. As you prepare to present your side of the story, you may want to call witnesses in your defense. It's important to understand that if anyone served as an eyewitness to one or more interactions that could clarify your position – or the position of the alleged victim – Pennsylvania law honors specific standards for such testimony in PFA cases.
You can't start crafting a solid defense strategy until you have enlisted the assistance of a knowledgeable attorney. The Criminal Defense Team at the LLF Law Firm has extensive experience navigating PFA scenarios on behalf of those who have been accused of wrongdoing. Our offices are located throughout Pennsylvania, and we maintain a nationwide practice. Therefore, we can help, no matter where you happen to be. Alert us about your situation today by calling 888-535-3686 or by contacting the LLF Law Firm online to learn more.
The Chance to Make Your Case Within 10 Business Days
The bifurcated approach to granting a temporary PFA to an alleged victim, followed by a hearing that will determine whether there is a need to put a final PFA in place for up to three years, is rooted in the ideal of due process. The courts have an obvious interest in providing immediate protection to those who may be at serious risk of bodily harm. Yet, they aren't legally entitled to trample upon the rights of supposed offenders to achieve this result. By granting a temporary PFA to an alleged victim for up to 10 days, the courts can facilitate the safety of those who may be particularly vulnerable. And, by insisting that alleged offenders can defend against domestic violence allegations within 10 business days, courts can help to ensure that no one's rights are unfairly restricted for an unreasonable amount of time.
When you attend a final PFA hearing, the burden of proof will not rest on your shoulders. Instead, the alleged victim is required to prove the allegations of abuse at issue by a preponderance of the evidence. Pa. Stat. 23 § 6107. This essentially means that they must prove that their assertions are “more likely than not” to have occurred. Most of the time, it is only in civil matters that this standard of proof can result in a negative outcome for those accused of wrongdoing. In most criminal defense cases, prosecutors must prove that a defendant is guilty beyond a reasonable doubt. In PFA cases, however, this lower burden of proof comes into play. As a result, you'll need to present strong evidence in your defense in order to assure the judge that your side of the story is more likely to be true than the victim's account of the situation.
If the alleged victim presents evidence that is weak, misleading, fraudulent, impermissible, or otherwise problematic, know that our Criminal Defense Team can potentially challenge that evidence. We have extensive experience in PFA cases, and we understand how often the outcome of such matters turns on the strength of the evidence provided. Therefore, in addition to helping you present strong evidence, we will do all we can to rightfully undermine any suspect or impermissible evidence presented by the alleged victim.
You can present all kinds of evidence during your PFA hearing, including your clean criminal record (if applicable), medical records, texts, voicemails, social media activity, emails, and character testimony from those who know one or both of you well. You can also introduce eyewitness testimony from so-called “uninterested bystanders.”
Strength of the Evidence Presented
There is a hierarchy of evidence that is more or less likely to convince a judge to grant or reject a final PFA order during a hearing. The strongest evidence you can present is known as objective evidence. Video, x-rays of broken bones, a record of the alleged victim's treatment for hallucinations, etc. are the kinds of evidence that generally cannot be denied, only placed in context. For example, if the alleged victim has been previously prosecuted for making false statements to law enforcement officers, this objective evidence can be submitted as proof that they are inclined to voice falsehoods to those in positions of authority.
Hearsay or relatively biased evidence is the least persuasive kind of evidence you can present. Telling the court that your friend told you that the alleged victim is a liar is not as persuasive as objective evidence, both because it is an opinion and the information at issue is being relayed by someone other than the opinion holder (second-hand accounts are what is meant by the term “hearsay”). Similarly, having your mom or your best friend testify as to your character can potentially help to a degree, but because these individuals have a strong interest in helping you to stay out of trouble, the court is unlikely to grant their opinions and impressions much weight.
By contrast, the testimony of uninterested bystanders can serve as a powerful defensive strategy. Although not as strong as objective evidence, the testimony of those who do not have a clear bias in favor of you or the alleged victim can bolster your case more than biased or hearsay testimony can. Why? The key to the strength of this testimony is in the description of the witnesses themselves: uninterested bystanders. Members of the broader community, neighbors, and those who may have simply stumbled upon you and the alleged victim arguing in the park, for example, don't have a stake in the outcome of your case beyond seeing justice done. Although everyone harbors their own biases – some may be more inclined to distrust men, while others may be more inclined to distrust women, for example – anyone who doesn't know you and the alleged victim (or, at least, doesn't know you very well) is more likely to give testimony about the facts and their impressions of the situation with less of a natural inclination to protect either of you from the consequences of a specific outcome to the case.
Consider how the court would perceive the testimony of the following eyewitnesses to a road rage incident: A passenger in the allegedly rageful driver's truck, a passenger in the car that was struck by the truck, and pedestrians who watched the scenario unfold. While the testimony of the two passengers may shed some light on the character of the two drivers and certain details of the wreck, the strongest testimony concerning the logistics of the crash would come from the pedestrians. While those pedestrians may not know what was said inside the cabs of the vehicles, they can speak objectively as to the speed, angle, and sequence of events that led the truck to strike the car. This kind of “neutral observer” insight into any alleged acts of violence is what makes the eyewitness testimony of uninterested bystanders to PFA concerns so potentially powerful.
In your case, eyewitnesses could strengthen your case or weaken it, depending on what they saw, when, and from what vantage point. Trust that our Criminal Defense Team understands how to manage both positive and negative testimony as it is presented. There are ways in which we can highlight what is positive and minimize the effects of what is negative. As we craft your defense more broadly, we'll explain how we'll handle eyewitness testimony on either or both sides in order to place you in the strongest position possible under the circumstances.
What Can Eyewitnesses Help You to Prove?
It's worth repeating that not all eyewitness testimony in PFA cases is provided by uninterested bystanders. For example, you may understandably want your sister to testify about how she has seen the alleged victim strike you on multiple occasions. This testimony may, indeed, be powerful. However, as previously explained, your sister's strong interest in protecting you from the consequences of a final PFA order means that she is more inclined to lie for you than an uninterested bystander would be. This doesn't mean that your sister shouldn't testify. It simply means that if you can secure the testimony of an uninterested bystander who may have witnessed any of those violent encounters, their perceptions are likely to carry far more weight with a judge than the testimony of someone who loves you, is biased towards your well-being, and is inclined to protect your interests even at a cost to their own integrity. The reliability of testimony, the relationship (if any) of the witness to those involved, and whether there were any attempts to influence a witness's testimony will all affect how a judge perceives both it and the weight that they should afford it.
With all of that said you'll want to do whatever you can to prove that your side of the story is more likely than the alleged victim's account. As such, any eyewitnesses who can speak to the following may be in a position to play a strong role in your defense:
- Are you and the victim parties to a qualifying relationship?
- Has an act of domestic violence occurred that was caused by you and was not an act of self-defense?
These are the central concerns of the judge assigned to assess the validity of the alleged victim's case.
Most of the time, the answer to the first question is objective and won't be subject to much scrutiny. If you and the alleged victim are currently married, have been married previously, share a child, are parent and child, or are otherwise family members by blood or marriage, these relationships can be established by court records or DNA testing if there is any doubt as to their validity. However, it is possible that there may be some questions as to your relationship status if the concern is that you are (or have been) intimate or dating partners, or whether you share a home. If so, an eyewitness to any number of scenarios could potentially help you prove that the assessment of your relationship is a misinterpretation or a ruse on the part of the alleged victim.
When eyewitness testimony tends to be most consequential in PFA cases is when someone's perceptions of the situation at issue speak to whether an act of violence has taken place, whether that incident was caused by you, and/or whether the act did occur but was legally justified because you responded in self-defense. Because so many PFA cases are presented as he/she/they said contest, the testimony of a neutral observer can help to place competing stories into particular relief. As a result, even if you feel embarrassed or awkward about having our Criminal Defense Team speak to your neighbor about testifying as to what they saw when you and the alleged victim got into an altercation at a community block party, you should know that their testimony could tip the case definitively in your favor. Whatever the nature of your circumstances may be, you'll want to figure out who – if anyone – saw what allegedly happened and whether they may be able to relay the truth in ways that can clarify your situation for the better. And if they are an uninterested bystander instead of a relatively biased witness, that reality will make their position that much stronger.
Finally, it's important to understand that even if an uninterested bystander is providing evidence that could potentially harm the strength of your case, there may be ways to blunt the impact of such an account. There are a host of reasons why eyewitness testimony may be unreliable, including the fallibility of human memory, the use of suggestive tactics and/or flawed identification procedures by law enforcement officers, lighting, angles, and even whether the witness at issue was stressed at the time that they allegedly saw what they saw. All in all, while some witnesses may provide far more compelling evidence than others, even the strongest witness testimony is not impervious to the realities of context, subconscious bias, and other factors that could potentially allow their words to be challenged or otherwise minimized in favor of one party's assertions or the other. The bottom line? It is neither helpful to be over-confident nor to panic. Instead, working with our team to craft a strong approach, regardless of the specific ins and outs of your case, is wise.
Being Brave
Speaking of embarrassment, it's important to acknowledge that crafting a defense to PFA accusations can lead many people to feel profound shame, anger, and even grief. When it comes to tackling the process of securing and/or responding to eyewitness testimony, it can help to remember a phrase that is often repeated to children nowadays: “All feelings are welcome, all actions are not.” You can unintentionally undermine the strength of your defense if you act in certain ways in response to your feelings about the situation. For example, if you badmouth the alleged victim to witnesses, that could land you in trouble. Depending on your approach, you could even be accused of witness tampering if it seems like you're trying to influence their testimony. And, especially if the witnesses in question are likely to speak favorably of the alleged victim's account, any negative actions toward them could be considered witness intimidation.
At the end of the day, while it is far easier said than done, it's important to be brave as your situation unfolds. Instead of lashing out, accept that you're going to be uncomfortable for a while and process your emotions in healthy ways, like going for a run or taking a long turn on your gym's punching bag. Instead of failing to ask eyewitnesses to testify because you're embarrassed about the fact that you've been accused of wrongdoing, accept that seeking this assistance can potentially help you win your case. Instead of trying to influence the outcome of your situation by intimidating witnesses or attempting to guide their testimony, allow our Criminal Defense Team to do its job and facilitate the telling of their stories in ways that will not land you in trouble with the court. It's hard to be brave when you're feeling attacked and rejected. Yet, future you will thank you for being courageous and acting with integrity at this particularly tough moment in time.
Legal Assistance Is Available
If you have been served notice of a PFA – and, along with it, notice of your final PFA hearing date within 10 business days – know that you have no time to wait when it comes to crafting a strong, personalized defense strategy. In these next few days, you'll need to gather evidence to support your claim and determine how best to weaken the potential impact of any evidence presented by the alleged victim. Thankfully, you don't have to navigate this process without proper support and guidance. The reputable Criminal Defense Team at the LLF Law Firm handles cases like yours all throughout Pennsylvania and the rest of the U.S. We understand how to place our clients in the strongest possible position to benefit from a favorable outcome, regardless of whether their circumstances are relatively straightforward or particularly complex.
We also understand that everyone has the right to defend their freedoms and reputation from consequential accusations, so we treat all of our clients – without exception – with the respect and consideration that they are rightfully owed. When you work with our team, you'll benefit from a client-focused legal strategy tailored to your unique situation. Unlike the approach taken at some other law firms, our approach won't leave you feeling like you are ”just another client” to us. On the contrary, we'll devote the time and resources necessary to present your case in the strongest possible light.
The stakes of your situation are undeniably high. If the alleged victim's request for a final PFA is approved, you might not only be told to keep away from their place of work, school, home, etc. You may be compelled to leave your own home if you live with them. Your parental rights may also be affected if you share children with the alleged victim or if you're their parent. The hit that this turn of events could take when it comes to your reputation could impact your career, your relationships with others, and your mental health. As a result, you need to act now to preserve your rights and allow our team to begin aggressively advocating on behalf of your interests. Connect with our team about your circumstances today by calling 888-535-3686 or by contacting us online. We look forward to working with you.
