Skilled Advocacy In Protection From Abuse Matters
Pennsylvania law takes domestic violence seriously. You should too. Domestic abuse can occur in a variety of different ways and each case is unique. That is why the law allows victims of abuse to obtain a restraining order barring an abuser from having contact with his or her victim. We have the ability, drive, and experience to provide firm advocacy to help victims get through this difficult time and move toward a brighter future. That’s why you should really consider an experienced domestic violence attorney to help you with matters like these.
If you or your children are the victims of domestic violence in NEPA, including physical, emotional or psychological abuse, Kalinoski Law Offices P.C. can help you get relief and prevent the abuser from having further contact with you. We will work promptly and decisively to help you get the legal protection you need to secure your safety.
An Accomplished Family Lawyer in Scranton With Experience As A Police Officer
Attorney Craig P. Kalinoski has a long history serving northeast Pennsylvania. Prior to entering the practice of law, Attorney Kalinoski honed his investigatory skills serving the community as a municipal police officer. He has more than a decade of experience as a skilled trial lawyer who knows how to prepare and present a compelling case in court. In a domestic violence situation, his knowledge of the law and experience handling complex family disputes are clear strengths of our law firm.
Protection From Abuse Orders and Sentencing Standards
In Pennsylvania, there are categories for domestic violence laws. Such laws include child abuse and custody, protection from sexual violence and intimidation, address confidentiality, strangulation law and domestic violence and firearms. Because domestic violence is not the crime, abusers are charged with harassment, strangulation, assault or stalking.
Obtaining a restraining order related to domestic violence generally involves several steps. We guide clients through the legal process and provide strong advocacy aimed at obtaining meaningful results. A protection from abuse (PFA) petition can get the abusive domestic partner removed from your home, provide you temporary custody of your children and obtain a court order requiring the abuser to stay away from you at work, home and in other settings.
There are several types of protective orders related to household abuse. We will fully explain the benefits of each type of order and help you obtain the protection you need. PFA orders include:
- Emergency orders: When the courts are closed, a victim of abuse may be able to obtain an emergency order from an on-call magisterial district judge. These orders are granted on a case-by-case basis if a judge believes a victim is in immediate danger. An emergency order remains effective only until the next business day following the issuance of the order. Whether you or your child is a victim of domestic abuse, it is critical to take immediate action. If you are in imminent danger, call 911.
- Temporary PFA orders: These restraining orders are frequently called ex parte PFA orders, as the abuser does not participate in the proceeding to obtain a temporary order. We can help you present your story to the judge. The judge will decide whether a temporary restraining order is appropriate based solely on the facts you provide. The order remains in effect until a formal hearing can be scheduled, which will occur within 10 days.
- Final PFA orders: The court will hold a formal hearing to allow a victim and his or her abuser present evidence and testimony (including any witness testimony) to make a determination of whether or not to issue a final PFA. These orders have more permanency. A final PFA may remain valid for up to three years.
A divorce complaint is not required to be filed prior to or simultaneously with the filing of a PFA action.
When facing domestic violence charges, penalties may range depending on case severity and frequency. Abusers may be court-ordered to take anger management courses or counseling. However felony charges and incarceration can also occur.
In Pennsylvania, domestic violence is not a separate charge from assault or aggravated assault and battery. The court will instead take additional considerations when determining domestic violence accusations. In addition, it is important to know that once a call has been made to police regarding a domestic violence situation, police must make an arrest. The victim cannot drop charges after that point. The prosecutor will decide whether to press charges or not.
Get The Guidance And Advocacy You Need from an Experienced Domestic Violence Attorney
Our Scranton domestic violence attorney is available to assist in obtaining a PFA order. To arrange a confidential, free initial consultation with a strong family law advocate, contact us online or call (570) 207-4000.