Your Spouse’s Parent Won’t Stop Contacting You Since the Separation: Does PA’s PFIO Law Apply to In-Laws?

Separation can be hard on a couple – but sometimes it’s also difficult for the couple’s parents to accept. What do you do if you and your spouse are separated and heading for a divorce in Pennsylvania, and one or both of their parents won’t stop contacting you?

• In almost all cases, unless one of the parties is a minor under age 18, Pennsylvania’s Protection From Intimidation law won’t apply. You may be able to secure a Protection From Abuse order from the family court, however.

What’s important to understand is that if you are separated from your spouse but one or both of their parents won’t stop contacting you, you may have a remedy. The LLF Law Firm can help. We will review your case, let you know what your options are, and where appropriate, can apply to the family court for the appropriate order to bring the contact to a halt. Call us at 888.535.3686 or reach out online to learn more.

The Protection From Intimidation Law Usually Does Not Apply in Separation or Divorce Cases

• Pennsylvania’s Protection From Intimidation law is designed to protect minors against intimidation and sexual abuse by adults.

You may have heard that Pennsylvania has a Protection From Intimidation law, and if one or both of your spouse’s parents have been harassing you since the two of you separated, you may wonder whether you can use that law to bring the contact to a stop.

The short answer is “no.” That’s because Pennsylvania’s Protection from Intimidation law is specifically designed to provide protection to minors – anyone under the age of 18 – who are the target of harassment or stalking by someone who is 18 or older. The purpose of this kind of an order is to protect a minor who has been the victim of sexual assault or intimidation. It will not apply in the vast majority of cases where the parent of one spouse is repeatedly contacting or harassing the other spouse after the couple has separated.

You May Be Able to Secure a Protection From Abuse Order From the Family Court

• If the contact from your spouse’s parent is rising to the level of “abuse” involving injury, sexual assault, or fear of imminent serious injury, as defined under Pennsylvania law, you may be able to have the family court issue an order directing them to stop.

Family courts in Pennsylvania have the power to issue Protection From Abuse (PFA) orders on behalf of one spouse who is facing abuse from another spouse – or from a “family or household member.” That term includes in-laws.

In many cases, courts will issue PFAs to protect one spouse against domestic abuse by the other spouse. But the scope of the law is broader than that. Abuse can include “Placing another in reasonable fear of imminent serious bodily injury.” It also includes stalking-like activity, if that activity puts “the person in reasonable fear of bodily injury.”

The key is to understand that it may be possible to ask the family court to issue a PFA order against an in-law who won’t leave you alone, but generally only in a case where they are threatening you in some way.

Note: In cases where the contact is serious enough and rises to the level of criminal harassment or stalking, it may also be possible to report the in-law to law enforcement. If the in-law is prosecuted, the court may issue an order directing them to stop contacting you as part of any pretrial release conditions.

The LLF Law Firm Can Help You Protect Yourself When Separated From Your Spouse

If you and your spouse have separated, and you have concerns for your safety as a result – whether because of abuse from your partner, or because one of their family members is threatening you – contact the LLF Law Firm for help. Our experienced attorneys understand the various Pennsylvania laws that apply in these situations, and we can review your case with you and explain what we can do to help improve your peace and sense of security.

Contact the LLF Law Firm if you are feeling threatened by your spouse or one of their family members after a separation. Call us at 888.535.3686 or reach out to us online, and we’ll schedule a confidential consultation to review your case and explain what we can do to help.