Domestic violence is a serious offense, and the Protection from Abuse Act was created in 1990 to protect victims in Pennsylvania. The law outlines procedures for obtaining protection from abuse (PFA) orders (or restraining orders) from the court — and the rules and regulations that the police, court, alleged abuser, and victim must follow. If involved in a PFA case, the plaintiff must prove the allegation of abuse by a preponderance of the evidence.
What Is the Preponderance of the Evidence?
To obtain a PFA order in Pennsylvania, proof of physical or sexual abuse or verbal threats threatening imminent serious bodily injury is required. According to Pennsylvania law (§6107(a)), the burden of proof required for a PFA is the preponderance of the evidence, which is defined as being "more likely than not." Specifically, this means that the evidence must demonstrate a likelihood of at least 51% that the abuse occurred.
Although this standard of proof may appear to be modest, it can be challenging to meet without adequate evidence. For instance, if someone claims that their abuser physically assaulted them while the abuser claims no such incident occurred, a court may reject the petition since the first-hand testimony alone may not fulfill the necessary burden of proof.
Proving the Standard of Proof in PA
Establishing that domestic violence has taken place by a preponderance of evidence can be achieved through multiple approaches, but let's take a few steps back first. In a PFA case, the individual who claims to have been abused is referred to as the "plaintiff," while the individual accused of the abuse is termed the "defendant."
The plaintiff is required to demonstrate that, based on a "preponderance of the evidence," he or she has experienced abuse as outlined in Pennsylvania's Protection from Abuse Act, which is codified under Pennsylvania law as 23 Pa.C.S.A. § 6101-6117. Should the plaintiff successfully establish this by a preponderance of the evidence, a final protection order will be granted by the relevant Family Court.
Definition of Abuse Under the PFA
The definition of domestic abuse, as outlined in 23 Pa.C.S.A. § 6102(a), pertains to the criteria for obtaining a protection from abuse order. "Abuse" encompasses one or more of the following actions occurring between individuals who are family or household members:
- attempting to inflict or inflicting any of the following, with or without the use of a deadly weapon
- bodily injury or serious bodily injury
- rape
- involuntary deviate sexual intercourse
- sexual assault
- statutory sexual assault
- aggravated indecent assault
- indecent assault
- incest
- placing another individual in reasonable apprehension of immediate serious bodily injury
- false imprisonment
- physical or sexual abuse of a child; or
- engaging in a pattern of behavior or repeatedly committing acts towards another individual, including stalking, under circumstances that instill a reasonable fear of bodily injury in that individual.
As mentioned, a PFA order is intended for circumstances involving domestic violence, as outlined above, where there exists a legitimate threat to an individual's safety. Should the abuser violate the terms of the PFA order, they may face criminal charges and the possibility of incarceration.
What if an Abuser Resides Outside Pennsylvania?
Even if neither the abuser nor the victim lives in Pennsylvania, a judge may still have the authority to issue a protection order. This is possible if the abuser maintains a significant connection to Pennsylvania, such as frequently traveling to the state for employment or family visits — or if the abuser has recently relocated from Pennsylvania.
Additionally, a PFA may be granted against an out-of-state individual if any incidents of abuse occur within Pennsylvania. For instance, if the abuser sends harassing or threatening text messages to the victim, and the victim views these messages while in the state, this could warrant legal action.
An out-of-state abuser can also be served with the court petition during a visit to Pennsylvania, and such service would establish the jurisdiction of Pennsylvania courts over the matter.
Who Can File for a Protection From Abuse Order in Pennsylvania?
An individual aged 18 or older, as well as minors accompanied by a parent, an adult household member, or a guardian ad litem, is permitted to attend court and request a PFA order. However, it's important to note that in PA domestic relations law, legislation specifies that only incidents involving sexual or intimate partners, family or household members, or individuals who share biological parenthood can lead to the filing of a PFA. The Domestic Relations section does not allow for a PFA order to be filed against a co-worker, a stranger, or any individuals who are not part of this type of qualifying domestic partnership.
Understanding Domestic Partnerships in PA
Domestic partnerships are legally recognized unions of two individuals living together but not married, providing some of the same rights as married couples, such as time off to care for a partner under the Family Medical Leave Act and hospital visitation rights. Prior to the legalization of same-sex marriages, domestic partnerships were often appealing options for same-sex couples to enjoy legal benefits from their committed relationship despite not being able to marry legally.
Pennsylvania has not recognized domestic partnerships at a statewide level, but the City of Philadelphia has an exemption for persons in a same-sex domestic partnership with "exempt employees" of the City Government. Domestic partner health benefits may not be personal income for tax purposes in some cases.
Qualifications for domestic partnerships vary, and couples seeking to create a domestic partnership must meet qualifications like those for marriages. They must also complete forms and register at a courthouse or other designated office. In states that do not recognize domestic partnerships, cohabitation agreements may provide a similar alternative to a traditional marriage relationship.
These legal documents allow unmarried cohabitants to grant certain rights to each other, protect assets and income, define property treatment, and clearly set out rights and obligations. Cohabitation agreements are recognized as valid in most states but must be in writing.
What Is "Reasonable Fear" in a Pennsylvania PFA Case?
In a Pennsylvania Protection from Abuse (PFA) case, the victim of alleged abuse, often the plaintiff themselves, must demonstrate to Family Court that they suffered "abuse" by being "placed in reasonable fear of imminent serious bodily harm." This language is taken directly from the Pennsylvania Protection from Abuse Act. The Act governs domestic violence cases throughout Pennsylvania, including Philadelphia, Montgomery, Delaware, Bucks, and Chester County.
Although each county has variations in how domestic violence cases proceed, these "Local" Rules of Pennsylvania Civil Procedure must conform with the overarching Protection from Abuse Act. An examination of "reasonable fear" is the most common basis for a final PFA to be entered against a defendant, helping an accused person best defend against domestic violence allegations.
Is Physical Violence Necessary for a Final PFA Order to Be Issued Against a Defendant in a PFA Case in Pennsylvania?
In a particular case concerning the appeal of a final Protection from Abuse order, the trial court determined that abuse had taken place, as outlined in 23 Pa.C.S.A. § 6102(a)(2), when the husband instilled in the wife a reasonable fear of imminent serious bodily injury. The husband argued that the determination of abuse based on a reasonable fear of serious bodily injury necessitates more than mere "screaming" and "wall punching," asserting that there must be actual physical contact with the victim.
The Pennsylvania Superior Court rejected the husband's argument, stating that the most recent amendment to Section 6102(a)(2) of the Pennsylvania Protection from Abuse Act indicates that the victim's fear of serious bodily injury must only be reasonable — and does not, in fact, require actual physical violence. The Court further noted that while physical contact may occur, it is not a necessary condition for establishing abuse under Section 6102(a)(2) of the Act. Fonner v. Fonner, 731 A.2d 160 (Pa.Super. 1999).
What Kind of Evidence Is Admissible at a PFA Hearing in Pennsylvania?
Given that the outcome of domestic violence cases often hinges on the strength of the evidence presented, it's crucial for both parties and their legal representatives to comprehend how the Family Court will assess potential evidence in a PFA case — including what evidence may be admissible and what may be excluded.
Criminal Conviction
A previous or pending conviction for domestic violence represents the most compelling evidence a plaintiff can provide during a final PFA hearing. If the defendant is still undergoing legal proceedings, the judge may only grant a PFA until the conclusion of the case unless the plaintiff submits substantial evidence.
Domestic violence encompasses a range of crimes, including but not limited to causing or attempting to cause sexual assault, inflicting bodily injury, serious bodily injury, rape, statutory sexual assault, infidelity, incest, instilling fear of imminent serious bodily injury, physical or sexual abuse of a minor, false imprisonment, and engaging in repeated behavior that instills a reasonable fear of bodily injury in another individual.
These types of convictions in Pennsylvania can result in severe penalties such as jail time, fines, restraining orders, loss of custody or visitation rights, mandatory counseling, and community service. These penalties can strain financial resources, limit movements and interactions, and impact parental rights. Offenders may also be required to complete hours of community service.
Physical Records
Any tangible evidence of the claimants' injuries resulting from domestic violence, including photographs of the injuries, damaged clothing, and property damage, can serve to strengthen your case. Additionally, copies of text messages and emails that include threats made by your abuser can also be utilized. Physical evidence holds significant weight, making it crucial to record any instances of abuse or threats related to domestic violence or sexual assault promptly.
Eyewitness Accounts
In situations where physical evidence is lacking, the plaintiff may seek to present eyewitness accounts from neutral bystanders. Such eyewitnesses can serve as vital sources of evidence in a PFA case. This is primarily due to the fact that independent eyewitnesses are generally harder to dispute and tend to be perceived as more credible. In essence, they possess fewer incentives to provide false information and are more inclined to offer impartial testimony concerning the abusive conduct or threats of domestic violence exhibited by the perpetrator.
Communications
Any form of communication, including text messages, emails, social media messages, text messages, or recorded voice messages, may serve as evidence if they comply with the Pennsylvania Rules of Evidence. However, a Pennsylvania Superior Court determined that certain emails were appropriately excluded from evidence following a review of the trial court's evidentiary decision.
In the case of Hood-O'Hara v. Wills, 873 A.2d 757 (Pa.Super 2005), a participant in the PFA action sought to introduce emails purportedly authored and sent by the participant's mother. These emails referenced the participant's issues with alcohol, and the PFA trial court ruled to exclude these emails from the evidentiary record.
Pennsylvania's legal system classifies any out-of-court statement as hearsay, making it inadmissible for establishing the truth of a matter asserted. Such statements can be either verbal or written, with emails and similar communications clearly falling into the written category. While there are exceptions to this rule, if none apply, the statement — regardless of its form — will not be admissible as evidence.
Additionally, the trial court in Hood-O-Hara v. Wills noted that there were concerns regarding the authentication of the emails, as the participant's mother denied having written them. If written communications that are submitted as evidence cannot be properly verified, they may also be justifiably excluded from consideration.
911 Calls or Police Reports
If a call was made to 911 or a related domestic hotline, evidence such as the number dialed, the date and time of the call, who made the call, what was reported, and any specific details of the person who answered the 911 call — such as gender or voice — can be submitted. Any relevant police reports can also help strengthen the case against the accused.
Medical Records
Medical records are notes made by medical providers regarding a patient's visit, including medical history, diagnosis, treatment, symptoms, pain, and testing. They are confidential and subject to privacy laws established by the federal government. The Health Insurance Portability and Accountability Act of 1996 (HIPAA) allows patients to inspect, review, and receive a copy of their medical records and billing records. Medical providers may share records with other practitioners involved in their care but must keep them private.
Medical providers are prohibited from denying access to records for failing to pay bills for services provided. However, providers may charge a reasonable fee for administrative costs. It's important to mention that any notes taken during counseling or psychotherapy sessions are not considered medical records. Medical evidence, such as written examination results or photographs, can be compelling and may be submitted or revealed during legal proceedings.
HIPAA provisions also state that medical providers may be court-ordered to share medical records, but only if the information specified in the order is specified. A subpoena is a request from a clerk of court or an attorney for a case, and providers may disclose medical records when a subpoena complies with the Privacy Rule.
Hearsay
Hearing evidence that is not directly known by a witness is allowed unless it meets a legal exception. Biased evidence, such as family testimony, can also be used to support a case, but it's often less persuasive. It's recommended to pair biased evidence with objective evidence like medical records or photographs.
If the plaintiff doesn't have an attorney during the hearing, their attorney is more likely to get hearsay or biased evidence into the record without challenge. An attorney experienced in Pennsylvania PFA hearings can effectively challenge the plaintiff's witness testimony, physical evidence, and case overall.
PFA Orders May Be Issued Prior to and Following Conviction
In situations where the victim or local law enforcement perceives an imminent threat to the victim's safety, a judge may issue a temporary protection order that remains in effect until the criminal trial concludes. Should a conviction occur, evidence presented during the criminal proceedings may be used in the PFA hearing. The judge will evaluate all relevant evidence to determine the specific restrictions and duration of the PFA.
If a domestic violence conviction results in a prison sentence, the PFA may only take effect upon you getting released. Therefore, it's important to engage a criminal defense team as soon as possible. LLF Law Firm's Criminal Defense Team is equipped to represent you in both the criminal trial and the PFA hearing.
Managing both cases within the same legal team can provide significant advantages in terms of continuity and information sharing. A favorable outcome in your criminal trial could enhance the likelihood of a positive resolution in the PFA hearing.
The Preponderance of the Evidence Standard
In contrast to the standard of proof required in a criminal trial, a Pennsylvania jury is obligated to establish each element of the crime "beyond a reasonable doubt." This standard represents the highest burden of proof utilized in U.S. courts and is specifically relevant to criminal proceedings. To satisfy this requirement, a prosecutor must demonstrate that each element of the charged offense is proven beyond a reasonable doubt.
As mentioned, merely proving some elements is insufficient for securing a conviction because, in Pennsylvania, the hearings related to PFA orders employ the civil preponderance of the evidence standard. This standard applies to hearings that can significantly impact an individual's rights, including the potential removal from their home, restrictions on contact with their children, and limitations on personal liberties.
High Stakes for the Accused in PFA Hearings
Individuals seeking protection must ensure that all necessary steps are taken to secure a final PFA order, thereby safeguarding themselves and their loved ones from the risk of future harm. Conversely, defendants may have more at stake in these situations. Those accused of domestic violence, spousal abuse, or child abuse need to protect their interests since issuing a PFA can lead to significant and lasting repercussions.
The aftermath may extend beyond the immediate legal implications, impacting a defendant's employment, professional aspirations, and educational pursuits, as well as their rights concerning child custody and fundamental constitutional liberties — including their residence and the right to possess firearms.
Furthermore, if a PFA is granted against a defendant, any violation of the order can lead to additional penalties, including criminal charges and potential incarceration. Understanding the legal framework is only part of the challenge; effectively presenting and advocating for one's position in PFA court is equally essential for achieving a favorable outcome.
Ultimately, engaging a Pennsylvania PFA attorney with experience in PFA procedures and practices in Philadelphia, Montgomery, Delaware, Bucks, and Chester Counties can be instrumental in protecting the rights and interests of the accused. When an individual is faced with a PFA order, they may feel uncertain about their next steps.
PFA orders can impose various restrictions that adversely affect an individual's rights and overall quality of life. A knowledgeable criminal defense attorney can provide not only a defense against the enforcement of the PFA but also assistance with any subsequent criminal issues that may arise.
Hire the LLF Law Firm Criminal Defense Team
If you are facing a PFA hearing, it's essential to seek the counsel of a reliable criminal defense attorney who possesses knowledge in defending against PFA orders.
Our Criminal Law Team offers exceptional experience in criminal defense, particularly in representing clients in Pennsylvania against PFAs and domestic violence allegations. To connect with the LLF Law Firm Criminal Defense Team, call 888-535-3686 or fill out a contact form today.
