Category: Protection from Abuse – PFA

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

May 24, 2013 | Blog, 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 | Blog, 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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Teen Who May Have Been Abused Should Testify in Domestic Violence Hearing

March 29, 2013 | Blog, Court Decisions, Protection from Abuse - PFA

Icon for author Brian Vertz Brian Vertz

“Be careful what you ask for. If you tell the authorities that your ex committed child abuse and cannot prove it, your credibility might be doubted when you really need it later.” That’s the advice I would give to the Father who successfully appealed in T.H. v. M.H., No. 1204 WDA 2011 (February 25, 2013), a non-precedential opinion of the Superior Court of Pennsylvania. The Father in that case appealed […]

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