Domestic violence is a silent epidemic that's not only ruining lives but taking them. A Pennsylvania Coalition Against Domestic Violence report shows that in the last decade, 1,500 people were killed in domestic violence incidents. That's an average of 150 Commonwealth residents killed every year.
And where there's no fatality, there's usually physical injury, psychological and emotional trauma, or negative financial impact.
This is why if you're in a domestic violence situation in Cumberland County, you need to protect yourself and your children if you have any.
Courtesy of the Protection from Abuse Act, anyone in an abusive situation can obtain a Protection From Abuse Order (PFA). This order will prohibit the abuser from being in contact with you or your children and ensure your safety. To urgently file a PFA order in Cumberland County, contact the Family Law Team at the LLF Law Firm today.
Call 888-535-3686 or fill out this confidential form to speak to a lawyer.
Understanding Domestic Violence and Its Impact on Everyone Involved
When most people think of domestic violence, they often think of only physical abuse or assault. Yet, that's just one facet of abuse. Some other types of domestic violence include:
- Emotional abuse
- Financial abuse
- Verbal abuse
- Mental and psychological abuse
- Child abuse
- Sexual abuse
- Elder abuse
Common examples of these include:
- False imprisonment or threat of kidnapping
- Kidnapping
- Stalking
- Sexual harassment
- Sexual assault or rape
- Forcing someone to give access to their money
- Emotional manipulation
- Acting in a manner that causes the victim to be fearful for their safety
These are just some examples of domestic violence-related actions. The idea of a home is that it's meant to be a place of solace, peace, and safety. If any member of the household makes you or other household members feel unsafe through their words or actions, that can be interpreted as domestic violence.
This is why the Protection From Abuse Act has such a broad definition of domestic violence. The definitions allow the courts to interpret an offender's actions within the law's ambit. So, even if the offending party may not have physically laid their hands on you, other actions that threaten your safety or make you feel unsafe can be construed as domestic violence.
The Ubiquity of Domestic Violence and Why it Matters to You
Before we explore your options, it is important first to understand the place of stigma and guilt. Domestic violence victims have been known to be ashamed or feel like they are somehow at fault for the offender's actions.
This is often referred to as trauma-related guilt, and it's crucial to understand that no one is responsible for an abuser's actions. Acknowledging this typically helps DV victims take the necessary steps to extricate themselves from dangerous and possibly violent situations.
Also, victims need to know that they're not alone. To show just how common DV is, the Pennsylvania Coalition Against Domestic Violence (PCADV) reportedly served 3,102 domestic violence victims in one day in a recent year. Furthermore, estimates show that 1 in 3 and 4 women and men, respectively, will experience domestic violence at least once in their lives.
So, it's a lot more common than victims think. This is why DV victims need to get past the idea of being stigmatized or “judged” for seeking legal help that may potentially save their lives.
What are Your Options in a Domestic Violence Situation?
With that out of the way, here's what you can do to break free and leave that situation:
- Obtain a protective order — Can be emergency, temporary, or permanent (final)
- File criminal charges against the abuser — This can be done by simply calling 911 and having the police arrest them
If you need a protective order urgently, the best option would be an Emergency or Temporary PFA, which you can obtain by filing at the Cumberland County courthouse located at 1 Courthouse Square, Carlisle. Emergency PFA orders are usually available if the victim needs to file a protective order outside of court hours. There's usually a dedicated line and judge who can approve one if warranted.
A Temporary or ex parte protective order can be obtained during court hours without the abuser being present. This is usually approved to keep the victim safe until the permanent PFA order hearing.
The permanent or final PFA order is the official hearing where both the victim and abuser can make their case for or against a PFA. The victim has to prove to the court through a “preponderance of evidence” that a PFA order is necessary for their safety and well-being. You'll need legal help from experienced Cumberland County domestic violence and PFA lawyers at the LLF Law Firm if you want to make an airtight case.
Who Can Seek a PFA Order in Cumberland County, PA?
Not everyone can file a PFA order. It has to be the victim who is either a family member or an intimate partner of the abuser. This list includes:
- Domestic partner
- Spouse (present or former)
- Children
- Parents
- Sexual partners (present or past)
- Blood relations, including siblings
Anyone who falls into the above mentioned categories can use the PFA to get protective relief from their abuser.
Elements of a Strong Domestic Violence Case
You need to have a strong case to get relief from your abuser. While the preponderance of evidence – the victim merely needs to provide more evidence than the abuser– lies with the victim, they still have to build a solid case to get the final PFA order.
So, to have a strong case, you may need to present the following pieces of evidence:
- Photos, audio, or videos of the incident
- Proof of physical assault
- Proof of financial misappropriation, theft, or manipulation
- Detailed victim statement
- Witness statements, if any
- Proof of hospitalization, such as medical bills, diagnosis, or prescriptions
- Texts, emails, or other types of messaging containing proof of the abuser's actions
Contact a LLF Family Law Team Attorney in Cumberland County, PA
Domestic Violence situations can be difficult for everyone involved. As a result, it's easier to let the experienced Family Law Team at the LLF Law Firm handle the process for you. We've helped others in similar situations in Cumberland County get through similar circumstances. Let's help you do the same.
Call 888-535-3686 or fill out this form to speak to talk to a lawyer.
