Domestic Violence

Question 1

Who is protected by the Protection From Abuse Act?

Answer 1

A victim who is being abused by an intimate partner or family member, which includes:

1. spouses, current or former,
2. people who live as if they were spouses, but are not legally married;
3. parents and children;
4. people related by blood or marriage, including siblings; and
5. sexual or intimate partners, both current and former, including people in a dating relationship.

Question 2

What constitutes abuse?

Answer 2

The occurrence of one or more of the following acts between people covered by the PFAA:

1. intentionally, knowingly, or recklessly causing bodily injury, serious bodily injury, sexual assault, statutory sexual assault, deviate sexual intercourse, indecent assault, aggravated indecent assault, rape, incest, or attempt of any of those crimes;
2. placing another in reasonable fear of imminent serious bodily injury;
3. infliction of false imprisonment;
4. sexual or physical abuse of a minor child; or
5. knowingly engaging in conduct or repeatedly committing acts towards another person, including following that particular person, without the authority to do so, under circumstances which place the person being followed in reasonable fear of bodily injury.

Question 3

What relief is available under the PFAA?

Answer 3

You can get a protection from abuse (no-contact order). If violated, the person can be arrested and held in contempt. That person is entitled to a preliminary hearing within ten days of the filing of the charge.

PFAs cannot exceed three years in duration.