Category: Protection from Abuse – PFA

Too Much Sex is Grounds for Restraining Order

January 12, 2014 | Court Decisions, Divorce, Protection from Abuse - PFA

Icon for author Brian Vertz Brian Vertz

One of the first published family law decisions this year is Boykai v. Young, 2014 PA Super 4  (January 7, 2014), a protection from abuse action arising from Bucks County. In Boykai, a husband was evicted from the marital residence and prohibited from having any contact with his wife for a period of one year, based upon evidence that he forced her to have too much sex. During the marriage, according […]

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Video Trumps Trooper Testimony in PFA Proceeding

October 17, 2013 | Court Decisions, Protection from Abuse - PFA

Icon for author Brian Vertz Brian Vertz

A non-precedential opinion of the Superior Court affirms the decision of a Lackawanna County court, which granted a Protection from Abuse order against the father of two young children. In E.B. v. H.S., No. 1906 MDA 2012 (October 1, 2013), the Father appealed a decision that granted a PFA against him, enjoining contact with his wife or two young children until they should be interviewed by a guardian ad litem. The […]

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Vague Threat “Or Else” May Be Enough for Protection From Abuse

May 24, 2013 | Court Decisions, Protection from Abuse - PFA

Icon for author Brian Vertz Brian Vertz

During a custody exchange, a child’s father told that the mother that she’d better not refer to her boyfriend as the child’s dad “or else.”  While yelling at her, he pointed his finger in her face.  He also placed his hands around her boyfriend’s hands and squeezed. Upset and fearful, the mother applied for an extension of an existing PFA (protection from abuse) order. The trial court found that father […]

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No PFA Restraining Order with a Hearing, Says PA Court

May 05, 2013 | Court Decisions, Protection from Abuse - PFA

Icon for author Brian Vertz Brian Vertz

One of the fundamental rights guaranteed by our Constitution is due process, the right to notice and an opportunity to be heard in court. Laws that impair due process are narrowly construed, but they do exist, such as the law that authorizes temporary protection from abuse (PFA) restraining orders. Under Pennsylvania law, the defendants are not entitled to receive notice or an opportunity to be heard before a temporary PFA […]

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