Domestic Violence

Domestic violence remains a significant issue in Somerset, with law enforcement agencies treating these cases with the utmost seriousness. The primary aim is to ensure the safety and protection of individuals within households, including parents, spouses, and other family members who may be at risk.

Understanding the scope of domestic violence and its classifications under Pennsylvania law is crucial. Below are acts considered domestic violence:

• Stalking
• Criminal Trespass
• Harassment
• Violation of Protective Order
• Domestic Assault
• Endangering the Welfare of Children
• Child Abuse
• Sexual Assault
• Kidnapping
• Homicide

Pennsylvania’s laws are geared towards protecting victims of domestic violence. However, it is also vital to recognize the potential for false allegations, particularly in cases involving child custody or divorce. If you are facing such charges, safeguarding your rights is essential. Seeking the guidance of a Somerset criminal lawyer is critical to navigating these challenging circumstances effectively.

Pennsylvania Laws on Domestic Violence

Important Definitions in Pennsylvania Law

To fully grasp the charges you may face, it’s important to familiarize yourself with key legal terms as per the Pennsylvania Code Title 18 §6102:

1. Cohabit

When two individuals live together as if they are married or family.

2. Family or Household Member

Includes spouses, ex-spouses, individuals related by blood or marriage, individuals who have a biological child together, sexual partners (current or former), and cohabitors.

3. Harass

Engaging in repeated acts intended to alarm or annoy another person.

If you are facing allegations of abuse, securing the help of a Somerset DUI attorney can help you better understand your rights and obligations.

Domestic Abuse Explained

What Constitutes Domestic Abuse?

Domestic abuse refers to intentional acts causing physical injury, rape, sexual assault (with or without a weapon), false imprisonment, or child abuse inflicted on a family or household member.

Protection from Abuse Order (PFA)

A Protection from Abuse (PFA) order is a legal tool designed to prevent acts of violence or harassment. A PFA order can:

• Restrict the abuser from contacting or approaching the victim.
• Prohibit access to certain places like schools or workplaces.
• Deny child custody to the abuser.
• Forbid firearm possession.

Violating a PFA order carries serious consequences, including criminal contempt of court charges, up to six months of imprisonment, and fines of up to $1,000.

For robust representation in such matters, consulting a Somerset criminal lawyer is strongly advised.

Common Domestic Violence Charges in Pennsylvania

Harassment

Intentional attempts to annoy or alarm another person via physical contact, persistent communication, or purposeless actions.

• Penalty: Up to 90 days imprisonment and a $300 fine.
• According to: 18 Pa.C.S. § 2709.

Stalking

Engaging in repeated communication or behavior that causes severe emotional distress or fear of physical harm.

• Misdemeanor or Felony: First-degree misdemeanor or third-degree felony.
• Penalty: 2.5-5 years or 3.5-7 years imprisonment, with fines up to $15,000.
• According to: 18 Pa.C.S. § 2709.1.

False Imprisonment

Restraining a person unlawfully and against their will.

• Classification: Second-degree misdemeanor.
• Penalty: 1-2 years imprisonment and a fine up to $5,000.
• According to: 18 Pa.C.S. § 2903.

To address charges like harassment or false imprisonment, you need insight from a qualified Somerset criminal lawyer.

Addressing Child Abuse and Sexual Assault

Child Abuse

Actions that endanger a child’s welfare through negligent or reckless behavior are classified as child abuse. Examples include physical harm, lack of supervision, or exposing children to harmful environments.

• Classification: First-degree misdemeanor or third-degree felony.
• Penalty: 2.5-5 years or 3.5-7 years imprisonment and fines up to $15,000.
• According to: 23 Pa.C.S. § 6903(b).

Sexual Assault

Sexual assault involves engaging in sexual acts without consent or with an individual who is incapable of granting consent.

• Classification: Second-degree felony.
• Penalty: 5-10 years imprisonment and fines of up to $25,000.
• According to: 18 Pa. C.S. § 3122.1.

Charges like these carry severe penalties. A skilled Somerset DUI attorney can help defend your case.

Responding to Protective Order Violations

Violation of a PFA is a serious offense in Pennsylvania. These violations could include:

• Contacting the victim despite restrictions.
• Entering prohibited areas like workplaces or school grounds.
• Possessing firearms despite prohibitions.

Legal Consequences of Violating a PFA:

• Up to six months imprisonment.
• Fines up to $1,000.

If you are facing allegations of violating a protection order, a Somerset criminal lawyer can provide you with a robust defense.

Support and Resources in Somerset for Domestic Violence

Domestic Violence Assistance Organizations

If you or someone you know is dealing with domestic violence, access to support can make all the difference. Here are some resources available in Somerset:

• Local Police Department – Immediate protection and response.
• AARDVARC – Pennsylvania Division – Advocacy against abuse.
• PCADV – Pennsylvania Coalition Against Domestic Violence – Comprehensive support.

If you need legal guidance, reach out to a Somerset DUI attorney who can guide you through the legal processes.

Consulting a Somerset Criminal Lawyer

Dealing with domestic violence charges can be overwhelming and complex. At Logue Law Group, we understand the stakes and are prepared to fight for your rights. Our experienced Somerset criminal lawyer will work tirelessly to protect your interests and build a strong defense.

Contact us 844.PITT.DUI today for a free consultation. Take the first step towards resolving your legal challenges.