Pennsylvania Domestic Violence Laws

Domestic violence crimes involve family members, household members, and intimate partners. They can upend families and derail lives.

Pennsylvania‘s Protection From Abuse Act is designed to help victims escape their abusers. In this article, we’ll examine how Pennsylvania‘s laws approach domestic violence, which protections and penalties are used, and what steps victims can take to protect themselves.

Understanding How Pennsylvania Defines Domestic Violence

Not all crimes are eligible for domestic violence classification in Pennsylvania. Certain abusive offenses qualify if they occur between people in specified close personal relationships. Both elements are required. Let’s take a closer look at each one.

Defining Domestic Violence in Pennsylvania – Participants

As the name suggests, domestic violence often takes place close to home. Only people in certain relationships can be involved in domestic violence crimes as defined by state law. Pennsylvania labels them family members, household members, and intimate partners. This can include:

• Spouses
• Former spouses
• People living as spouses
• People who lived as spouses
• Parents and children
• Relatives by affinity (in-laws)
• Family by consanguinity (blood relatives )
• Current sexual or intimate partners
• Former sexual or intimate partners
• People who share biological parenthood

As the list indicates, an active romantic relationship isn’t required for some types of participants. The people involved are only half of the domestic violence equation.

Defining Domestic Violence in Pennsylvania – Abusive Offenses

For many people, the definition of domestic violence involves one spouse physically abusing another. While that’s part of it, there are many other types of domestic abuse. Abusers often try to dominate the lives of their victims. They do this by gathering power and control to keep their victims feeling hopeless and helpless.

While violent acts are part of domestic violence, controlling techniques like threats, intimidation, and coercion are used as well. When occurring between people in qualifying relationships, the following abusive acts are considered domestic violence in Pennsylvania:

• Attempting to cause or causing any of the following with intent and knowledge:
• Aggravated indecent assault
• Bodily injury
• Incest with or without a deadly weapon
• Indecent assault
• Involuntary deviate sexual intercourse
• Rape
• Serious bodily injury
• Sexual assault
• Statutory sexual assault
• Placing another in reasonable fear of imminent serious bodily injury
• False imprisonment
• Physical abuse or sexual abuse of minor children
• Engaging in a course of conduct or committing repeated acts toward another person under circumstances that place the person in reasonable fear of bodily injury

If one of the offenses listed takes place between people considered family members, household members, or intimate partners, it’s domestic violence. If it doesn’t qualify, it’s still a crime and subject to prosecution and sentencing.

Types of Aid Available

Abusers do their best to keep their victims isolated and feeling alone, but help is out there. Knowing what’s available can make the difference between being trapped and a life free of abuse.

Pennsylvania Protection from Abuse Orders (PFA)

Aside from imprisonment, one of the most effective ways to keep an abuser away from a victim is with a protection from abuse order (PFA). These court orders use provisions tailored to each case to provide relief to victims. Also known as restraining orders, they can determine temporary child custody, child support, and force the surrender of all firearms and ammunition.

You can apply for a PFA in a court of common pleas or through a domestic rights advocate near you. Forms are available online or at the courthouse. Temporary ex parte orders last up to 10 days. Final orders last up to three years and are extendable. Most orders include no-contact and stay-away provisions.

Pennsylvania protection from abuse orders are complex. Because they’re important and there’s so much to know about PFAs, we’ve written an entire article to help you understand which order you need, what protections are available, and how to get one through the Pennsylvania court system.

Address Confidentiality Program (ACP)

Victims who escape their abusers don’t want to see them again. Pennsylvania helps this happen through the Address Confidentiality Program (ACP). Participants are given a second legal address that’s used for public records like driver’s licenses, court records, and employment records. The ACP also forwards first-class mail to the victim’s actual address. There’s no charge for this program.

Hope Cards

In early 2024, Montgomery County launched a Hope Card program, the first in Pennsylvania. A Hope Card contains important information from a victim’s final PFA order. It fits in a wallet and provides law enforcement with all the details they need through the Protection From Abuse Database (PFAD) number on the card. There’s no charge for a Hope Card.

Renter Protections

Restraining orders may contain provisions that either grant the victim possession of a residence or require the abuser to pay for alternate lodgings. A bill that would allow victims of domestic violence to make a legal break of a lease without penalty advanced to the Pennsylvania Senate Judiciary in the summer of 2024, but did not advance beyond that.

Domestic Violence Advocates

We keep mentioning domestic violence advocates because they’re an incredible source of aid for victims. They can help victims by developing a safety plan and applying for PFAs.

If you’re overwhelmed by the legal aspects of domestic violence, speaking with a Pennsylvania domestic violence attorney is a good idea. In some cases, they can convince the court to have your abuser pay your legal fees.

Violations and Punishments

Rather than have specific statutes written for domestic violence offenses, Pennsylvania addresses penalty enhancements in the text of the crime itself. Acts with domestic violence classification will have higher sentencing classes. These include more jail time and higher fines. Law enforcement officers can arrest for domestic violence crimes with probable cause.

Let’s look at an example. Strangulation is a misdemeanor, but if it’s classified as a domestic violence strangulation, the penalty class rises to a felony of the second degree. If it occurs as a violation of a protection from abuse order, it becomes a felony of the first degree.

Violation of a Pennsylvania domestic violence protection from abuse order is indirect criminal contempt. It carries a fine between $300 and $1,000 and up to six months of jail time or probation. This is in addition to any sentence for crimes committed during the violation. If a violation occurs during an extended final order, the order can be upgraded to have no expiration date.

Related Resources:

• National Domestic Violence Hotline (877.799.7233)
• Pennsylvania Coalition Against Domestic Violence
• Find Your Pennsylvania Court of Common Pleas
• Forms for Protection From Abuse Orders
• Domestic Violence FAQ

Getting Legal Help

If you or a loved one has suffered terroristic threats, aggravated assault, child abuse, or any other type of domestic abuse, call 911. After that, consider getting legal representation from a Pennsylvania domestic violence attorney. An expert in domestic violence cases can protect your rights and help you find an abuse-free life.

If you’re facing criminal charges for domestic simple assault, sexual violence, or any other type of domestic violence, your future freedom is in danger. A local criminal defense attorney can stand with you at the arraignment and help you battle domestic violence charges.