Alleged victims of domestic violence in Pennsylvania can seek relief by asking the court to grant a Protection from Abuse (PFA) order. When doing so, they must provide sufficient evidence showing that a qualifying domestic relationship exists and domestic violence has occurred.
If someone seeks a PFA against you in Pennsylvania, the court won't issue the final order without first giving you a chance to defend yourself. When someone asks the court to grant a PFA, the court will set a hearing date.
You may first learn about these matters when you're served with a notice of said hearing. At this point, your accuser has likely been granted a temporary order that protects them until the court can determine whether to grant a final order at the hearing.
Do not attempt to address the issue yourself. Doing so will only make things worse. If you try to contact your accuser, you may violate the terms of a temporary order, adding to your legal woes.
Enlist the help of legal professionals as soon as possible. The LLF Law Firm Criminal Defense Team is prepared to offer the assistance you need now.
For example, the person accusing you of abuse needs to provide evidence showing the court an intimate domestic relationship exists between the two of you. We can help by challenging the evidence they present.
The following guide will cover common evidence plaintiffs may use in these circumstances. To learn more about how the LLF Law Firm Criminal Defense Team can help you, submit your information through our online contact form or call us at 888-535-3686.
What Is a Protection From Abuse Order in Pennsylvania?
A PFA is a form of relief someone in Pennsylvania may consider if they believe they're the victim of domestic abuse at the hands of an intimate partner. The Pennsylvania Protection from Abuse Act is a section of Pennsylvania law specifically outlining how PFAs function.
If a court grants a PFA request, it can remain in effect for up to three years. The specific types of relief a PFA offers can depend on the details of a case. Often, a PFA will prohibit an alleged abuser from contacting their alleged victim for a set period.
Understanding what you are and aren't allowed to do if you've been served with a PFA is vital. LLF Law Firm Criminal Defense Team attorneys can help explain your rights and duties in these circumstances.
What Is a Qualifying Relationship in a Pennsylvania Protection from Abuse Order?
Someone in Pennsylvania may seek a PFA against an individual with whom they have an intimate household relationship. Proving the alleged abuser is someone with whom the individual seeking a PFA has a "qualifying relationship" is key to showing a court a PFA is warranted.
Relationships that typically meet the criteria include:
- Spouses (which can include exes)
- Couples who have at least one child together
- Intimate or dating partners (which can include former partners)
- Parents
- Children
- Same-sex couples
- Family members, whether by blood or marriage
The Pennsylvania Protection from Abuse Act doesn't apply when someone is being abused by a stranger or anyone else with whom they don't have a qualifying relationship. The court could deny someone's request for a PFA if they don't provide sufficient evidence to prove such a relationship between them and their alleged abuser exists.
Common Types of Evidence to Establish a Qualifying Relationship for a PFA
A court won't simply grant a PFA request without good reason. Along with showing that genuine domestic violence has occurred, someone seeking a PFA in Pennsylvania must also provide evidence showing the nature of the relationship between themselves and the alleged abuser meets certain criteria.
Common forms of evidence someone may present when seeking a PFA include:
General Documentation
Various forms of documentation can confirm the nature of the relationship between two individuals living together. Examples include marriage licenses/certificates, birth certificates, and any other documents that establish a family relationship.
Someone seeking a PFA might also need to present evidence showing they still live with their alleged abuser. Other forms of documentation that might help in these instances include signed leases, mail, and any other official documents confirming the shared address of the person seeking a PFA and the one they're seeking protection from.
Correspondence
Emails, texts, phone messages, and other forms of correspondence may also indicate a qualifying relationship. In some instances, these forms of correspondence may even involve the two parties discussing the nature of the relationship.
Pictures and Video
Pictures and videos of the accuser and their alleged abuser could illustrate the nature of their relationship for the court. In the digital age, when taking and sharing photos is much easier than in the past, it may be increasingly common for those seeking PFAs to use such evidence as proof of qualifying relationships.
Journals
Journals, diaries, and similar personal accounts are sometimes acceptable forms of evidence in Pennsylvania PFA cases. For instance, someone might use their journal as evidence to show they'd been experiencing abuse and reflecting on it for some time.
A journal or diary might also contain entries that speak to the relationship between an individual and their alleged abuser. Thus, in some cases, the court may consider this evidence when determining if a qualifying relationship exists.
Police Reports
Someone seeking a PFA may have called the police to report (whether truthfully or falsely) domestic violence in the past. If the police have previously investigated the matter, they might submit a relevant police report as evidence in a PFA hearing.
A police report may primarily serve as evidence that domestic violence has occurred in the relationship. However, the details of the report could also confirm that a qualifying relationship exists.
Medical Records
Someone seeking a PFA in Pennsylvania will often submit medical records to prove that domestic violence has occurred. For example, they may submit medical records to show they sustained injuries resulting from abuse.
In some cases, notes or other such details in medical records might also speak to the relationship between the alleged victim and abuser. Thus, medical records might also serve as evidence of a qualifying relationship.
Witness Testimony
Various parties could theoretically speak to the nature of the relationship between an alleged abuser and someone seeking a PFA. Neighbors, other family members, and anyone with regular access to the home or the family may be able to provide testimony confirming that a qualifying relationship exists.
Financial Records
Financial records can provide information about shared bank accounts and other information suggesting an intimate domestic relationship between two people. They can also indicate that two people live together. Thus, they may be a relatively common form of evidence in PFA cases.
Social Media Content
It's not uncommon for social media users to document various aspects of their lives on social media. This includes relationships with close friends and family members.
As mentioned earlier, photos and videos on social media could speak to the nature of a relationship. Other forms of social media content could be used, such as posts about the relationship or even relationship status updates. An accuser might submit this evidence when asking a court for a PFA.
Documentation From Previous Cases
Sometimes, a person seeking a PFA against another has already been involved in some other type of legal case involving them, such as a custody issue. Because these legal documents may speak to the nature of their relationship with the alleged abuser, they might submit them accordingly when asking the court to grant a PFA.
Therapy Records
Someone requesting a PFA may have participated in therapy with their alleged abuser. Or, they might have spoken about their relationship with them during their own therapy sessions. Therapy records and notes might also serve as evidence of a qualifying relationship.
Challenging Evidence in a PFA Case
Hiring a lawyer to defend you when someone is seeking a PFA against you in Pennsylvania is wise for many reasons. Again, allowing an attorney to handle your case instead of trying to address the matter yourself can help you guard against common mistakes (such as attempting to contact your accuser) that could ultimately harm your case.
In addition, our attorneys at the LLF Law Firm Criminal Defense Team can often challenge the evidence someone presents when attempting to prove a qualifying relationship.
There's no universal strategy we use to challenge evidence. Our strategy will depend on the unique details of your case. That said, the following are basic examples of potential strategies we may consider when certain types of evidence are presented:
- General Documentation: The nature of a relationship (particularly an intimate one) can change over the years. Even if documentation proves a qualifying relationship existed in the past, we may challenge whether the evidence confirms such a relationship still exists. Lawyers can also point out when the documentation an accuser presents is too limited to justify a court issuing a PFA.
- Correspondence: This form of evidence often lacks context. Attorneys could potentially argue that, free from context, a piece of correspondence appears to confirm a relationship exists but doesn't do so when the full context of the conversation is taken into account. In addition, it's possible to argue that correspondence from the past represents the relationship as it was then but not currently.
- Pictures and Videos: The weaknesses that apply to correspondence often apply to pictures and videos in these types of cases. Once more, without context, it can be impossible to know for sure whether the way a picture or video appears to depict a relationship is genuinely an accurate representation of it. Similarly, pictures or videos from the past may represent a version of the relationship that doesn't match its current dynamic.
- Journals: Diaries, journals, and other personal records aren't usually strong evidence in these cases. That's because the person presenting the evidence often wrote the journal and diary entries. As such, we may argue there's insufficient evidence to suggest these entries properly represent the actual nature of a relationship. They only show one side of the story and may not even be based in fact.
- Police Reports: A police report may seem like a very strong piece of evidence that's difficult to challenge. Although police reports may be stronger than other forms of evidence, that doesn't mean challenging them successfully is impossible. For example, if we find any errors in the police report, we could challenge the report's validity entirely. We could also suggest that the report's details merely indicate an accuser believes a qualifying relationship exists, whereas the actual reality may be more complicated. Police record information based on what they're told and what they can determine from the evidence in these cases. What someone told a police officer might not reflect the genuine reality of a complex situation.
- Medical Records: Medical records don't document the nature of the relationship between two people. Such evidence may be weak when used to establish a qualifying relationship. The fact that a doctor made a note that seems to indicate such a relationship exists may not be strong enough evidence to truly prove the relationship exists.
- Witness Testimony: There are many ways to challenge witness testimony. It's sometimes possible to argue that a witness is biased. Or, it could be argued that a witness misunderstood the nature of the relationship when testifying. If an accuser attempts to introduce the testimony of young children, assuming the court even entertains the idea, lawyers can challenge this evidence by arguing it's possible to manipulate a child into lying about such matters.
- Financial Records: Financial records can be strong evidence that a certain type of relationship has existed. However, as with many of the examples listed here, financial records don't necessarily confirm the nature of the relationship hasn't changed since the date of the records.
- Social Media Content: Social media content is very informal. It doesn't qualify as official documentation of a relationship. In addition, someone presenting it as evidence may have significant control over the social media content they post and engage with. Thus, social media content only reflects their version of a relationship through a distorted digital lens. It may not truly depict the relevant dynamic of the relationship.
- Documentation From Previous Cases: This is yet another example of evidence that might not be as strong as it seems when you consider the basic fact that relationships change. Yes, documentation of previous legal issues may confirm that a qualifying relationship has existed in the past. That's not to say we can't challenge the evidence by arguing that the relationship has changed and that evidence no longer applies to the current relationship status.
- Therapy Records: Therapy records that indicate a relationship did exist don't mean the relationship still exists. In addition, unless the records and notes are from couples therapy sessions, they might only tell one side of the story.
Just remember, the above are only some of the ways lawyers may handle this type of case. At the LLF Law Firm, our Criminal Defense Team tailors our strategy to the needs of every client.
We're prepared to review the details of your case thoroughly. Once we understand the evidence your accuser will likely submit, we can develop plans for challenging said evidence. The sooner you contact us, the more time we have to work on a strong defense.
The Relationship Between Two People Can Be Unclear in a PFA Case
Some types of domestic relationships are easier to establish than others. For example, if two spouses live together, it may be relatively easy to show the nature of their relationship.
Other situations are more vague. For example, maybe someone spends a significant portion of their time at a particular household. Perhaps they've also had intimate relations with at least one household member at some point in the past. However, they don't consider the household their primary home; it's not legally listed as their home, and as far as they're concerned, the intimate relationships ended long ago.
Not everyone may agree about the nature of the relationship in these circumstances. Someone seeking a PFA may genuinely believe the relationship still meets the criteria, while others might feel there's room for debate.
We apply labels to relationships to simplify how we understand them. That said, real human relationships are often more fluid.
We could account for this when working on your defense strategy. Aside from challenging the evidence directly, if there's reason to suggest the way your accuser is describing the relationship only reflects their interpretation of it, we may be able to show there are other perspectives to consider.
We Can Challenge Other Forms of Evidence
The focus of this guide is on the evidence someone might present to show the court that a qualifying relationship exists. However, it's important to remember that this isn't the only element someone needs to prove when seeking a PFA.
They must also show evidence of domestic violence. Some of this evidence, such as police reports and medical bills, may overlap with the evidence used to prove a qualifying relationship.
We can challenge this evidence as well. At the LLF Law Firm, our Criminal Defense Team will identify and highlight any weaknesses in the evidence someone may submit to argue that you committed domestic violence.
We May Gather Evidence to Dispute an Accuser's Claims
Because the burden of proof is on the individual seeking a PFA, they're the only ones who technically need to gather evidence before a hearing. You don't need to prove anything. When your accuser presents evidence, we can simply step in to challenge it when necessary.
However, there may be instances when it makes sense for someone in your position to gather evidence ahead of time. Presenting your own evidence could help you more successfully push back against an accuser's story.
These are just a few examples of the types of evidence you might gather for a hearing:
- Leases or other such documentation indicating you don't live with your accuser
- Witness testimony indicating your accuser's characterization of the relationship is inaccurate or false
- Photos and videos suggesting you don't live with your accuser and, in fact, have a domestic life of your own that doesn't involve them
- Any other forms of evidence that may poke holes in your accuser's story
It's wise to remember that you might not have to gather evidence at all. If you do, the types of evidence you should submit before or during a hearing will vary based on the nature of your case.
That's another reason to hire lawyers qualified to represent someone like you. At the LLF Law Firm, we can determine whether gathering certain pieces of evidence in preparation for your hearing is necessary. If so, we can also assist you in securing and organizing said evidence, ensuring you've taken all the steps you need to defend yourself.
Pennsylvania Criminal Defense Lawyers Can Help With Your PFA Case
Don't ignore the matter if you learn someone is seeking a PFA against you in Pennsylvania. A PFA can affect your life in many ways. If you have kids, a PFA could prevent you from seeing them, or it could affect current and future child custody arrangements. If others learn about your PFA, it could negatively impact both personal and professional relationships.
The burden of proof is on your accuser when they ask the court for a PFA. Along with proving that domestic violence has occurred, they must also show through a preponderance of evidence that you share a relationship that meets the criteria under Pennsylvania law.
Challenging the evidence they present is just one of the ways our Criminal Defense Team at the LLF Law Firm can assist you. For more information about how we can help when someone seeks a PFA against you, call us at 888-535-3686 or submit your information through our online form.