Pennsylvania Domestic Violence Laws: Charges and Penalties

Pennsylvania domestic violence laws do not require the victim to file charges. In fact, the charges may be filed by the District Attorney on behalf of the victim.  These cases all require a qualified attorney because there is always a fear that if the DA allowed domestic violence defendants to go untried, they could be dealing with backlash if the victim is later injured or murdered by the alleged perpetrator.

Pennsylvania domestic violence charges may also include charges such as criminal mischief, criminal restraint, kidnapping, terror threats, criminal trespass, stalking, assault, assault and battery and a shot of other charges.  Depending on the severity of the charges, they may be felony or misdemeanor charges.  Those who have prior restraining orders may also be charged with a violation of the order.

Complications of Law and Politics

Pennsylvania like other states fights the battle between the law and the politics of domestic violence. The District Attorney may feel that they need to prosecute a defendant regardless of how little evidence they have.  They are not required to have the authority of the alleged victim to continue with a criminal charge.

Pennsylvania Domestic Violence Penalties

The penalties that accompany a guilty verdict when applied to Pennsylvania domestic violence charges are varied and can be life altering. While misdemeanor charges for a first time offense may be as little as an anger management course, felony charges can result in serious jail time.  Most of the time the jail time is determined the underlying criminal charges.

Victims of Domestic Violence

Pennsylvania domestic violence victims may include any family member.  This includes parents, children, spouses and dating partners as well as roommates or those who have been involved in a romantic or sexual relationship.  The Pennsylvania statutes also allow domestic violence charges to be brought against children who have been battered in the home though this is typically handled through the Family Court and Juvenile Court divisions.

You Need a Criminal Defense Specialist

Those who are charged under Pennsylvania domestic violence statutes will require aggressive legal counsel. This is necessary as those who are sharing a home with the alleged victim may be forced to leave a jointly owned home.  In addition, there is liable to be an immediate order of protection issued once charges are filed pending an outcome. These factors play a role in how the defendant is viewed.  It is important to remember that custody of minor children, jointly held real estate are all issues to be considered if you are charged under Pennsylvania domestic violence statutes.