Home to over 166,000 residents, Monroe County requires a simple but effective process for resolving domestic violence matters. The Monroe County Court of Common Pleas handles all civil domestic violence proceedings in the area, including the issuance of Protection from Abuse (PFA) orders. Below, we explain how such procedures work and how our attorneys can help victims and defendants through the court process.
Do you have a domestic violence concern in Monroe County? Call the LLF Law Firm Family Law Team at 888.535.3686 or tell us about your case to secure the representation you deserve.
Domestic Violence in Monroe County, PA
There's no specific crime of domestic violence (DV) in Pennsylvania. However, the state's Protection from Abuse Act defines domestic violence as any reckless or deliberate act which actually harms the victim, or would leave a reasonable individual fearing bodily harm.
Actual Injury
Examples of actions that may be treated as domestic violence and result in actual injury include:
- Assault
- Child abuse
- Rape
- Sexual abuse
Threatened Injury
Certain acts may be deemed domestic violence if they would leave a “reasonable” person fearing for their physical safety. In other words, a reasonable person could assume, following the perpetrator's actions, that they're at risk of physical harm. Acts falling into this category include stalking and harassment.
Domestic Relationship
Only victims in a qualifying domestic relationship with the abuser can seek a Protection from Abuse order in Pennsylvania. Such individuals include current or ex-romantic partners, those who have biological children in common, roommates, and other household members such as children.
When There's No Qualifying Domestic Relationship
Should there be no qualifying domestic relationship – for example, the case involves neighbors or work colleagues – other civil remedies may be pursued. The LLF Law Firm attorney can advise you on how the law affects your legal rights and options for proceeding.
Remedies for Domestic Violence in Monroe County
In Monroe County, there are two main remedies for domestic violence concerns: filing criminal charges and/or seeking a Protection from Abuse order.
Criminal Charges
Police officers can arrest an individual if they have probable cause to believe that domestic violence took place as alleged by the victim, or if the perpetrator committed an offense, e.g., violating an existing PFA.
Bail may or may not be available, depending on the facts of the case.
Protection from Abuse Order
A Protection from Abuse order is a civil court order that prevents the alleged abuser from behaving in a certain way towards the victim. Often, this means they can't contact the victim or be within a certain distance of them, but it could also mean indirect contact is prohibited, e.g., trying to contact the victim through family or friends.
Protection from Abuse orders can be temporary, meaning they only last a few weeks, or they can be “final” meaning they last much longer. Ending a final PFA early is a complex court process which your attorney can help with.
How to File for a Protection from Abuse Order in Monroe County, PA
It's relatively simple to seek a PFA in Monroe County. The victim files a motion for a short-term or “temporary” PFA during the local family court's business hours. Should the victim require a protective order outside normal business hours, a judge can issue an emergency Protection from Abuse order until regular court hours resume.
Temporary PFA
Should the judge believe, based on the victim's evidence, that they are at risk from harm, they will issue a temporary PFA. The temporary PFA lasts for around 10 days until the final PFA hearing takes place.
PFA Hearing
The final PFA hearing takes place before a family court judge. At the hearing, both parties have the chance to present their case.
Following the hearing, the judge will either dismiss the temporary PFA, bringing the case to a close, or issue a final PFA. Final PFAs expire after three years but there's no limit to how many times they may be renewed. A Protection from Abuse order could, therefore, remain in effect indefinitely.
Consequences of a PFA in Monroe County
PFAs may lead to loss of contact, inability to own firearms, loss of child custody, and even losing the right to remain in the shared home. The defendant may also be ordered to pay financial support or continue paying the rent or mortgage, even if they can't remain in the property.
The defendant may face criminal charges for contempt if they violate a PFA order in Monroe County. This is because, although a PFA is a civil remedy, violations are considered criminal offenses.
Consequences of Criminal Charges
Penalties for a domestic violence conviction range in severity. The penalty will depend on, for example, the nature of the offense and whether it's considered a felony or misdemeanor. In all cases, criminal charges can affect the defendant's permanent record, making it more challenging to pursue certain careers or learning opportunities.
Appealing a Monroe County Protection from Abuse Order
Both parties have 10 days from the date of the final PFA hearing to appeal the court's decision. This involves filing a Motion for Reconsideration with the family court. Essentially, you're asking the court to reconsider the initial decision, but this does not mean the court will simply hear the case all over again. The court will only consider an appeal on specific legal grounds, such as a failure to apply the law correctly or a failure to give due weight to material facts.
The process for filing an appeal against criminal domestic violence charges is slightly more complicated. The LLF Law Firm attorney can explain if you have grounds to appeal the decision and, if so, the exact steps to take for filing your motion.
How a Monroe County Domestic Violence Attorney Can Help
Whether you're facing domestic violence allegations or you have concerns for your welfare, you need an experienced and committed attorney on your side. And that's where the LLF Law Firm can help. No matter how complex your domestic violence issue is, our attorneys have the knowledge, dedication, and passion to help you through this challenging and distressing time.
Don't settle for anything less than the representation you deserve. Call the LLF Law Firm Family Law Team at 888.535.3686 or contact us online to schedule a meeting.
