Domestic violence is a serious issue affecting both the persons and their family unit, as is the case in Philadelphia and elsewhere within this country. It thus poses severe questions about laws surrounding this issue. However, before stepping into domestic violence, one should know rights and legal procedures. Being a victim, defendant, or a related family member, it is pretty essential to understand the law related to domestic violence. This blog post will address your most commonly asked questions about domestic violence laws in Philadelphia and how Domestic Violence Lawyers in Philadelphia can help you navigate your tough cases.
What Constitutes Domestic Violence in Philadelphia?
Domestic violence is a general term that includes various forms of abusive behavior between family members, intimate partners, or those who stay under the same roof. In this context, both Pennsylvania and Philadelphia refer to acts of domestic violence where, even though it is quite broadly defined, it is not limited to only acts that cause physical harm but also include emotional abuse, sexual assault, stalking, threats, harassment, and economic control.
The laws usually define it as one or more of the following acts
- Physical Abuse: Beating, punching, slapping, choking, or otherwise physically harming them.
- Sexual Abuse: Compelling a spouse, partner, or family member to have unwanted sex with another person, or compelling her to commit acts of sexual assault.
- Emotional or Psychological Abuse: Verbal attacks, threats of physical violence, coercive behavior through fear of intimidation, isolation, or control.
- Stalking or Harassment: You are going to repeat attempt to continue to follow, keep track of, watch, or lurk about somebody causing them emotional fear or distress through this type of repeated behavior.
- Economic Abuse: Controlling access to bank accounts, regular access to her purse and wallet, denying a spouse the right to work, or withholding money.
Laws on domestic violence in Philadelphia are enacted with the intent of protecting a victim and penalizing an abuser in any one of these forms. Typically, victims approach the law courts for protection and seek the help of a lawyer in this field, that is, a domestic violence lawyer.
How Does Domestic Violence Laws Protect Victims in Philadelphia?
An abuser who commits the act of domestic violence can be charged with a crime. Domestic violence laws in Philadelphia provide victims with many different avenues of legal protections, especially through what is referred to as Protection From Abuse Orders, a very important form of protection used to benefit victims. A PFA is an order from the court preventing further abuse through restraining the actions of the abuser.
- Emergency PFA Temporary Protection From Abuse Order: In some states, a victim may apply for an emergency PFA that culminates in immediate protection-a form of protection, usually until a full court hearing is scheduled. The temporary order may require the abuser to vacate the shared residence, refrain from contacting the victim or to surrender any firearms.
- The Final Protection From Abuse Order: In some court cases, the judge decides upon a final PFA after a hearing and may issue it for up to three years. Such an order might include orders regarding custody, financial support, or restrictions on permanent residence, making the order more permanent.
The PFA is a really powerful tool for victims who need immediate protection, but this entails knowledge of the legal processes. This is where the Domestic Violence Lawyers in Philadelphia can be of utmost help. They can enable the victim to file the relevant documents and walk the victim through the court process to secure representation to ensure that the PFA works as intended.
What happens to the alleged abuser under Philadelphia domestic violence laws?
Domestic violence accusations in Philadelphia can lead to criminal as well as civil consequences, depending on what was done. Charges for offenses under domestic violence vary greatly but may also include:
- Criminal Charges: Domestic violence can incite criminal charges including assault, battery, harassment, or stalking. Such crimes are considered to be either misdemeanors or felonies and are categorized based on the severity of the offense. The range of sentence can vary from fines and probation to harsh imprisonment.
- Restraining Orders: In addition to criminal sanctions, the accused may be levied with a PFA, which can significantly impair their right to move freely, to communicate with the complainant, and to access common property such as a home.
- Surrender of Firearms: Under Pennsylvania, persons subject to a PFA or those convicted of domestic violence offenses will probably be required to surrender any firearms owned.
- Custody and Visitation Issues: The court may also limit or revoke any custody or visitation rights if children are involved. In many cases, such visitation is allowed under close supervision, and sometimes all the rights for being a parent are taken away.
- Domestic Violence Counseling or Intervention Programs: On the other hand, the sentence could include attending domestic violence counseling, anger management classes, as well as other rehabilitative programs by the alleged abuser.
The accusations or claims of committing acts of domestic violence may have some long-term effects on the individual’s life, especially when it involves employment, housing, and personal relationships. When you are accused of committing acts of domestic violence, it is important to seek legal advice from a qualified lawyer specializing in domestic violence cases. Domestic violence lawyers in Philadelphia will offer you numerous legal advice on your rights, possible defenses, and how to navigate through the court system.
What To Do When You’re a Victim of Domestic Violence in Philadelphia?
If you’re a victim of domestic violence in Philadelphia, it is about time that you take quick actions to protect yourself as well as your loved ones. Here are the steps that you should consider:
- Seek Safety Now: Get to a safe place. If you are in danger, CALL 911. Local Shelters, Phone Numbers, and Hotlines: There are local shelters and hotlines. Philadelphia has the Philadelphia Domestic Violence Hotline at 1-866-723-3014. Emergency housing and other support services are available.
- File a Protection From Abuse Order (PFA): If you feel threatened, filing for a PFA will offer you legal protection so that your abuser will not contact or approach you. Obtaining a PFA is complex, so working with a domestic violence lawyer can help you make sure all paperwork is filed correctly and you are adequately represented in court.
- Recording Abuse: Document all instances of abuse through photography, written threats, and police reports. These may prove to be crucial evidence when you decide to file a case.
- Domestic Violence Attorney: A domestic violence attorney is an expert in domestic violence law and can walk you through the nitty-gritty of the law and ensure that you are protected, and advocate for any relief order in court.
What Rights Do the Accused Have in Cases Involving Domestic Violence?
The domestic violence law exists with the primary aim of protecting victims. Simultaneously, those accused of domestic violence also have rights based on law. People are accused of crimes when those acts would not be illegal if properly construed. A right to defend exists for these individuals. Some rights and legal remedies that exist for the accused and charged with domestic violence are provided as follows:
- Right to Fairness in Trial: A person charged with domestic violence is entitled to a fair and unbiased trial. The accused shall be presumed to be innocent until proved to be so. The burden to prove is always on the prosecution that the accused is proved beyond doubt to be guilty.
- Right to Legal Representation: The right to legal representation to a perpetrator of domestic violence is one of the most important rights one may need. Having an effective defense attorney will help one to build a strong defense, negotiate plea deals or represents you if your case goes to trial.
- Petition a PFA: If one develops a feeling that a PFA has been misfiled against him, he can dispute it in court. A domestic violence attorney’s service can be effective in bringing proof to deny the validity of the order, for instance, by disputing claims or proving that the complainant does not have a reasonable ground for the said claim.
- Appealing a Conviction: If you are convicted of a domestic violence crime, you might have an appeal of the decision of the court. Your attorney will determine if any irregularities occurred in the legal system to let you win.
How Can Domestic Violence Lawyers in Philadelphia Help?
Dealing with domestic violence – whether as an accuser or the accused – is an emotionally and legally overwhelming experience. Domestic violence attorneys in Philadelphia ensure that you are well steered through these complexities and enable valuable assistance through:
- Filing and Responding to PFAs: Filing and Responding to PFAs. Whether you are protected or contesting a PFA, a lawyer can help the legal process and ensure that your rights are upheld.
- Representation in Criminal Proceedings: When the charges related to domestic violence are brought against you, a defense lawyer can develop your case, dispute evidence brought against you in court, and then plea for justice in your judgment.
- Advocating for Victims: Victims of domestic violence need an advocate to fight for their rights in court. Such lawyers who specialize in domestic violence are the people to seek protection orders, negotiate custody matters, and ensure that the victims get the right amount of support they should receive in such traumatizing moments.
- Explaining Your Rights: Rights can be very confusing and most clients do not know about dealing with the courts, so a good attorney will explain all your legal rights regarding the process step by step.
Alva Foster & Moscow, LLC: Expert Counsel in Philadelphia
For the best, try to seek an attorney from the legal profession from Alva Foster & Moscow, LLC. This is one of the best law firms in the City of Philadelphia. Specializing in criminal defense, personal injury, and family law, their highly experienced attorneys are committed to offering aggressive and personalized legal services. To elaborate, if you are taken into custody and booked for a serious charge of criminal offense or are facing a complicated legal matter such as separation, divorce, child support, child custody, alimony, divorce, wills, trusts, or other, you will have the assistance of Alva Foster & Moscow, LLC to get the best possible outcome for your case.
Conclusion
Domestic violence cases are full of emotional and legal issues. Although cases of victimization or prosecution occur in Philadelphia, familiarity with rights and laws is pretty much in order. Working with Domestic Violence Lawyers makes sure that all your rights are covered while providing the real legal support that you will need to get through this trying time. An attorney is usually a godsend if you want to obtain a PFA, defend against allegations, or merely require legal guidance.
