Accusations of domestic violence are taken very seriously by local law enforcement agencies and prosecutors in Pennsylvania, even when the allegations are lies. Consequently, domestic violence crimes are prosecuted vigorously, especially when there are allegations of physical harm or when children are involved. Unfortunately, being accused of domestic violence can have far-reaching consequences that jeopardize your personal and professional life. Falsely accused of domestic violence? As an experienced domestic violence defense attorney, I can help you fight the charges.
Adverse Consequences of a Domestic Violence Conviction
Accusations of domestic violence can be misleading and, in some cases, completely false, causing innocent people irreparable harm even if they are acquitted of a crime.
Domestic violence accusations can often be used by a spouse or domestic partner to gain an unfair advantage in a divorce, child custody matter, or other family law proceeding.
Suppose the police or a civilian accuses you of a domestic violence offense. If so, hiring a knowledgeable criminal defense attorney at the earliest stage is extremely important to build a strong defense.
Bucks County Domestic Violence Defense Attorney
Are you searching for the best domestic violence defense attorney? If so, I have over a decade of experience providing skilled and aggressive representation to individuals facing domestic violence charges in Bucks County, Montgomery County, Delaware County, Chester County, and Philadelphia County.
Contact me at (215) 752-5282 for a free initial consultation, or fill out the confidential contact form for an immediate response. Appointments are available after business hours and on weekends.
Domestic Violence Defined
In Pennsylvania, domestic violence is not classified as a specific criminal offense. Instead, it is used as a term to describe physically or verbally abusive behavior involving individuals who are in a relationship, such as:
- Spouses
- Ex-spouses
- Individuals who have cohabitated
- Sexual partners
- Former sexual partners
- Individuals related by marriage
- Individuals who are parents of a biological child
- Individuals related by blood
In Pennsylvania, cohabitation is generally defined as two people living together in a relationship similar to that of a husband and wife or domestic partners. The most common domestic violence incidents involve a spouse or domestic companions.
Common Examples of Domestic Violence Offenses
- Simple Assault
- Aggravated Assault
- Harassment
- Stalking
- Criminal Trespass
- Child Abuse
- Sexual Assault
- False Imprisonment
- Kidnapping
- Homicide
- Violation of a Protection from Abuse (PFA) Order
Protection from Abuse Orders
A judge will often issue a temporary protection from abuse order when a spouse, partner, or other family member alleges that abuse has occurred. An individual can file for a PFA order for themselves or on behalf of their minor children.
A temporary or permanent PFA Order prohibits a person from abusing, harassing, stalking, or threatening the individual named as the plaintiff in the petition. Pennsylvania PFA law defines physical abuse as attempting to cause bodily injury, causing bodily injury, or causing fear of physical harm.
Abuse can also include physical or sexual assault of an adult, physical or sexual abuse of minor children, stalking, or false imprisonment. Wrongly accused of PFA abuse? I have extensive experience fighting false PFA claims as a PA Protection from Abuse (PFA) defense lawyer.
The PFA Hearing Process
A hearing will be held within 10 days of the entry of the temporary PFA Order by the court. At the hearing, the judge will consider evidence from the Plaintiff and the Defendant. After hearing the evidence, the judge will decide whether to enter a final PFA Order or dismiss the petition.
The standard of proof at the hearing is “preponderance of evidence,” which means the plaintiff must prove that it is more likely than not that the alleged abuse occurred.
Final PFA Order
After the hearing, the judge may issue a final PFA Order lasting up to 3 years. The final PFA Order may include significant restrictions on your rights and freedoms, including your right to lawfully possess a firearm.
Has the sheriff or police served you with PFA papers and a court notice? I can defend you if you have been falsely accused of violating the PFA law.
The Police Investigation in Domestic Violence Cases
Under Pennsylvania law, a police officer may arrest a person suspected of domestic violence without an arrest warrant even if the officer did not witness acts of abuse alleged by the accuser.
An arrest can also be made if the police officer observes recent physical injuries, however minor, or other evidence corroborating the allegations of domestic violence.
It is vital to understand that the police are not required to consider both parties’ versions of an incident or conduct a comprehensive investigation before deciding whether to file domestic violence charges.
Domestic Violence Charges Filed without Corroborating Evidence
The police often file domestic violence charges based solely on the alleged victim’s statement. A spouse or other household member alleging domestic violence often immediately seeks an emergency temporary PFA Order, resulting in the immediate eviction of the accused party from the residence.
An individual accused of domestic violence will often face hearings in criminal court for matters related to criminal charges and hearings in family court for issues related to the PFA Order. I am experienced in aggressively defending domestic violence charges in both courts simultaneously.
Potential Consequences of a Domestic Violence Conviction
- Lengthy period of supervised probation
- Imposition of court-ordered batterers intervention classes
- Entry of a temporary or permanent PFA Order
- Eviction from the home under the PFA Order
- Court-ordered transfer of firearms to law enforcement
- Loss of child custody and visitation
- Adverse effect on your ability to adopt or become a foster parent
- Potential lifetime ban on ownership of guns and ammunition
- Negative impact on eligibility for college and graduate school
- Adverse effect on the ability to receive a professional license or certification
- Adverse impact on the ability to enter the military
Domestic Violence Defense
I will thoroughly investigate the facts and circumstances of your case to establish the strongest possible defense against the charges. In some cases, I have resolved the matter before the trial by negotiating with the police and prosecutors to have the charges withdrawn or reduced to lesser offenses.
A judge will dismiss a PFA Petition when it is established that the Plaintiff’s allegations of abuse are lies.
Can Domestic Violence Charges be Dropped
Yes. Clients often ask me: Can a domestic violence charge be dropped? Fortunately, there are many different scenarios under which the police, a judge, or a prosecutor may dismiss, drop, or withdraw a domestic violence case. Examples include the following:
- The alleged victim fails to appear in court, and the judge dismisses the charges
- The alleged victim shows up for court and invokes the Fifth Amendment (refuses to answer questions)
- The district attorney downgrades or reduces the domestic violence offenses (ex., summary offense)
- The prosecutor approves you for a first-offender program
- You are acquitted of all of the charges after a jury trial or bench trial
There is a good chance your charges can be resolved through one of the above options. Contact me by phone to discuss the best strategy to beat your domestic violence case.
Domestic Violence Defense Strategies
My professional network includes many highly skilled independent defense investigators who can acquire documentary and testimonial evidence critical to a successful defense in a domestic violence case.
I have often used eyewitness statements, video, audio recordings, and medical and phone records in court to prove that the Plaintiff or complainant has made a false claim of domestic violence.
Other successful defenses I have employed in court include self-defense, defense of others, defense of property, mutual fight, and insufficient evidence of a crime or abuse. I will fight to protect your rights and your freedom.
Domestic Violence Defense
You just got served with a domestic violence restraining order or criminal charges. You begin searching for domestic violence defense lawyers near me.
If so, contact me immediately. I can help you if you are facing criminal charges or a PFA order related to domestic violence in Bucks County, Montgomery County, Philadelphia County, Delaware County, Chester County, and the surrounding Pennsylvania Counties.
Act quickly to protect your rights and your hard-earned reputation. Phone lines are open 24 hours daily at (215) 752-5282. Contact me for a free initial consultation or fill out the confidential contact form for an immediate response.
