Key Facts About Domestic Violence Law in Pennsylvania

If you have been accused of committing violence in the home, an attorney can help you defend a domestic violence claim to take legal action to try to prove your innocence. You should also inform yourself of some of the key aspects of domestic violence law in Pennsylvania to give yourself an advantage throughout the legal proceedings.



Acts Other Than Physical Abuse May be Classified as Domestic Violence

Domestic violence is often defined as acts of physical violence inside the home, such as hitting, choking, or sexual assault. However, acts of emotional abuse, such as frequent insults or threats, can also be classified as domestic violence in some cases. In Pennsylvania, someone may even file a domestic violence claim if you or someone else in your home stole or destroyed personal property. Animal abuse can also be classified as domestic violence.

Common Defenses

People who have been accused of domestic violence usually use certain defense strategies to deny liability. The defendant might claim a lack of intent to cause bodily harm or deny the allegation outright. If you had to use physical force to defend yourself against violence in the home, a self-defense claim may be used to try to justify your actions.

In some cases, defendants have claimed insanity or intoxication in an attempt to prove that they were not in a clear, rational state of mind when the domestic violence occurred.

Possible Penalties

A domestic violence charge ranges from a misdemeanor to a felony. The incarceration time for someone who is convicted for domestic violence can range from a few days to several years behind bars. Under Pennsylvania law, a person who is found guilty of domestic violence may be ordered to attend anger management classes or counseling or may be incarcerated depending on the severity of the charge. The more bodily harm that is caused, the greater the charge will be.

Possible Plea Bargains

Like in many other types of criminal cases, you can possibly have your domestic violence charge reduced if you agree to plead guilty to a lesser charge. Your lawyer will work with the prosecution to try to reach a plea bargain agreement that may reduce your jail time and fines and may even help you avoid incarceration entirely.

Instead of going to jail, you may be able to attend anger management classes, go to counseling or undergo a comprehensive mental health evaluation if you are found guilty after entering your plea bargain. 

A PFA Order Might be Issued

A Protection From Abuse (PFA) order may be issued against you by the judge. If a PFA is issued, you will be required by law to avoid all contact with the alleged victim.

If you are still living with the alleged victim, you will need to move out of the home or face consequences for violating the order. You might even be ordered to surrender custody of any children you have until your case is decided in court or the order has expired after three years. Penalties for violating a PFA order in Pennsylvania include a $1,000 fine and a six-month jail sentence.

Taking the Stand is Usually Necessary

In most domestic violence cases, defendants are expected to take the stand to testify in court. Your lawyer will help prepare your testimony so that you will know exactly what you should say in court along with any details that should be omitted. You will also receive help with preparing for cross-examination from the prosecuting attorney.

A domestic violence conviction carries serious consequences that could impact your family, your freedom, and your reputation. Get in touch with a lawyer today to get help with your case if a domestic violence claim has been brought against you.