Domestic Violence

Domestic violence remains a distressingly common issue throughout Pennsylvania, and legal authorities in Berks County and beyond are dedicated to handling these matters with the utmost seriousness. The primary goal of the legal system in these situations is to guarantee the safety and security of spouses, parents, children, and other family members who face the threat of harm within their own homes.

It is vital to comprehend the full scope of what constitutes domestic violence. Under the law, the following actions are categorized as domestic violence offenses:

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

The laws in Pennsylvania are structured to offer robust protection for victims of abuse. However, it is also necessary to recognize that false accusations do occur. In some instances, allegations are fabricated to gain leverage during divorce proceedings or child custody disputes. No matter the nature of the charges you are up against, protecting your rights is essential. You need the support of a skilled Morgantown criminal lawyer to navigate these murky waters. At Mountaineer Law Group, we are dedicated to vigorously defending your rights and ensuring you receive a fair process.

Pennsylvania Laws Regarding Domestic Violence

To fully grasp the charges you might be facing, it helps to understand specific terminology as defined in the Pennsylvania Code Title 18 §6102. Breaking down these legal terms makes the information more digestible.

Cohabit
This term refers to a situation where you and another individual live together in a manner similar to a married couple or family unit.

Family or Household Member
This category is broad and includes:

• Spouses and ex-spouses
• Individuals related by blood
• Individuals related by marriage
• Parents who share a biological child
• Current or former sexual partners

Cohabiters
This includes people who are currently living together or have lived together in the past as a couple.

Harass
Harassment involves actions intended to annoy, alarm, or disturb another person. If you are confused about how these definitions apply to your specific situation, a Morgantown DUI attorney with experience in criminal defense can provide the clarity you need.

Domestic Abuse
Domestic abuse is defined as the intentional infliction of bodily injury, rape, sexual assault (regardless of whether a weapon was used), false imprisonment, or child abuse committed against a family or household member.

Protection from Abuse Order (PFA)
A PFA is a civil order issued by a judge. It is designed to stop an individual from committing specific acts of abuse and may require them to fulfill certain obligations to ensure the safety of the victim.

Common Domestic Violence Charges in Pennsylvania

Harassment

Harassment is charged when someone acts with the intent to annoy or alarm another individual. This can include unwanted physical contact (like shoving or kicking), following someone repeatedly, engaging in relentless communication, or acting in a way that serves no legitimate purpose.

• Grading: Summary offense
• Penalty: Up to 90 days in jail
• Fine: Up to $300
• Statute: 18 Pa.C.S. § 2709

If you are facing harassment charges, consulting a Morgantown criminal lawyer is your best course of action to minimize potential penalties.

Stalking

Stalking is a more severe offense where a person repeatedly follows or communicates with someone in a way that causes significant emotional distress or places them in reasonable fear of bodily injury.

• Grading: First-degree misdemeanor or third-degree felony
• Penalty: 2.5 to 5 years (misdemeanor) or 3.5 to 7 years imprisonment (felony)
• Fine: Up to $10,000 or $15,000
• Statute: 18 Pa.C.S. § 2709.1

False Imprisonment

False imprisonment involves knowingly and unlawfully restraining another person so that they cannot leave, interfering substantially with their liberty.

• Grading: Second-degree misdemeanor
• Penalty: 1 to 2 years imprisonment
• Fine: Up to $5,000
• Statute: 18 Pa.C.S. § 2903

Legal matters involving restraint can be complex, and advice from a knowledgeable Morgantown DUI attorney is often necessary to build a defense.

Child Abuse

Child abuse covers a range of behaviors but generally occurs when a parent, guardian, or person responsible for a child knowingly endangers their welfare by violating a duty of care, protection, or support.

• Grading: First-degree misdemeanor or third-degree felony (case-dependent)
• Penalty: 2.5 to 5 years or 3.5 to 7 years imprisonment
• Fine: Up to $10,000 or $15,000
• Statute: 23 Pa.C.S. § 6903(b)

Sexual Assault

Sexual assault is defined as engaging in sexual intercourse with another person without their consent. It also applies if the victim is unconscious or otherwise unable to give consent.

• Grading: Second-degree felony
• Penalty: 5 to 10 years imprisonment
• Fine: $25,000
• Statute: 18 Pa. C.S. § 3122.1

Because sexual assault carries such heavy felony penalties, securing a Morgantown criminal lawyer immediately is critical for your defense.

Responding to Protective Order Violation

Protection From Abuse (PFA) orders are a critical tool used by the courts to ensure the well-being of victims. These orders are strictly enforced to shield a plaintiff or child from severe violence, harassment, and retaliation. Similar to a restraining order, a PFA limits the alleged abuser’s movements. You may be prohibited from coming within a certain distance of the victim or contacting them via phone, text, or social media.

Furthermore, a PFA can restrict access to your own residence, workplace, or school grounds. It may also mandate the relinquishment of firearms and can temporarily deny child custody rights.

It is essential to understand that PFA orders carry massive legal weight. Violating any term of the order can lead to immediate arrest. Violators face criminal charges for contempt of court, which can result in a jail sentence of up to six months and a fine of $1,000. If you have been accused of violating an order, a Morgantown DUI attorney who also handles domestic cases can help explain your legal options.

Pennsylvania Domestic Violence Resources

If you or someone you know is involved in a domestic violence situation in Berks County or elsewhere in PA, accessing the right resources is vital. The following organizations offer support and guidance:

• Local Police Department
• AARDVARC – Pennsylvania Division
• PCADV – Pennsylvania Coalition Against Domestic Violence

Consulting a Lawyer in Morgantown

Facing domestic violence charges can be overwhelming and frightening. It is crucial to have a dedicated legal professional by your side to navigate the justice system. At Mountaineer Law Group, our experienced Morgantown criminal lawyer is here to offer the assistance and rigorous defense you need during this challenging time. Contact us today at (304) 381-3656 to schedule a free consultation and take the first step toward resolving your situation.