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Tag Archives: domestic violence

Divorcing an Abusive Husband

Divorce and Abusive Husband, Protections and Considerations for Women

It is an unfortunate truth that domestic violence is still a threat to women. Those who have decided to leave the marital home and pursue divorce face many fears and often, real danger. Divorce may seem like an impossible luxury to women living with an abusive husband; however, Pennsylvania has resources to help.

Support groups and experts suggest taking steps towards distancing yourself from the situation and establishing personal space. The most effective and safe way to proceed with divorcing an abusive husband is to seek experienced legal counsel.

Not surprisingly, an abuser will be frustrated and angered by the discussion of divorce. Throughout the process, an abusive husband's behavior may escalate. An experienced Bucks County divorce lawyer will be able to help determine if a Protection from Abuse Order (PFA) will be necessary or likely to be useful under unique circumstances.

Defining abuse in Pennsylvania

Abuse is defined by Pennsylvania courts pursuant to 23 Pa.C.S.A. § 6102 . It is defined as: The occurrence of one or more of the following acts between family or household members, sexual or intimate partners or persons who share biological parenthood.

(1) Attempting to cause or intentionally, knowingly or recklessly causing bodily injury, serious bodily injury, rape, involuntary deviate sexual intercourse, sexual assault, statutory sexual assault, aggravated indecent assault, indecent assault or incest with or without a deadly weapon.

(2) Placing another in reasonable fear of imminent serious bodily injury.

(3) The infliction of false imprisonment pursuant to 18 Pa.C.S. § 2903 (relating to false imprisonment).

(4) Physically or sexually abusing minor children, including such terms as defined in Chapter 63 (relating to child protective services).

(5) Knowingly engaging in a course of conduct or repeatedly committing acts toward another person, including following the person, without proper authority, under circumstances which place the person in reasonable fear of bodily injury. The definition of this paragraph applies only to proceedings commenced under this title and is inapplicable to any criminal prosecutions commenced under Title 18 (relating to crimes and offenses).

What is a PFA?

A PFA (or restraining order) is a document that can keep the threat at a distance, which will allow divorce proceedings to continue and keep the abused party safe. PFA procedure in Bucks County was recently updated in light of Fox v. Fox, 2013 PA Super 88 (April 17, 2013)- decided by Pennsylvania Superior Court.

On the same day a petition is filed, a hearing is conducted and the petition is reviewed by a judge to test the claims in the petition. The hearing is an ex parte hearing, which is reserved for urgent matters where notifying the other party would subject the petitioner to harm. For more information on PFA filing procedures in Bucks County, Pennsylvania, take a moment to read our firm's press release.

Before making any moves, seek experienced counsel. A divorce lawyer will be able to guide you through the process and suggest legal avenues to protect your safety. A lawyer will be able to present your case and fight for the safety of your family. Contact the Law Offices of Michael Kuldiner, P.C. at (215) 942-2100 or submit an online inquiry form. Please use discretion when providing contact information; a member of our team will contact you to schedule your consultation.

Press Release: Protection from Abuse Updates

Recent updates to filing procedures will change how to file Protection from Abuse in Bucks and Montgomery County, as well as other counties in PA.  The changes will provide Judges with more information on the parties and specific circumstances surrounding each case prior to issuance of an Order.

In response to these important changes, our firm published an article dissecting the resulting protocol.  These procedural changes will affect those individuals filing for protection from abuse as well as the subject individual(s).  To learn more about the exact changes, follow this link or click the image to read the full article.     

For PFA matters and other domestic relations issues, you need an attorney with experience.  Contact the Law Offices of Michael Kuldiner, P.C. to schedule a consultation, (215) 942-2100.  Or feel free to utilize the contact form on our website but completing the fields and providing a brief description of your situation.

October is Domestic Violence awareness month

VAWA celebrates October!

In 2011, it was reported that there were about 91,000 cases of domestic violence in Pennsylvania which resulted to about 166 deaths.  It is a fact that women are vulnerable and needs protection; hence, Violence Against Women Act (VAWA) came into existence. VAWA was signed into law 18 years ago.

The office was created hoping that domestic violence, sexual assault, battery, stalking and other forms of abuse committed against women would stop and offenders will be held accountable. A victim of domestic violence can file for a “protection order.” The protection order is enforceable in all 50 states and in Indian Tribal lands. The Protection from Abuse (PFA) order is issued by court upon application by the victim against any family member, parent, husband or wife including sexual or intimate partner.

Domestic violence against women and children may come in form of sexual crimes, marital rape, physical harm as well as emotional and economic abuse.  While violence against women had dropped significant by 60% from its institution, there are still issues that have to be addressed particularly with children. Remember, if you allowed yourself get abused, battered and emotionally injured without doing something to stop it, your children would think abuse is not bad at all. They would think that sex crimes and domestic violence e is just a fact of life and succumbed to the same path in life.

Recently, Gov. Tom Corbett signed into law allowing expert psychological testimony during sex crime trials. 42 Pa. C.S. § 5920, is a breakthrough in sex crime trials. Normally, victims of domestic violence will suffer the most, emotionally and psychologically. They are helpless and sometimes they refused to talk due to factors surrounding the family like family reputation, spousal and parental relationship and the period of abuse.

Now, prosecutors can present sex crimes experts to testify on the behavior of the victim in crimes listed under 18 Pennsylvania Criminal Statutes Chapter 31. This includes the crimes of rape, sexual assault, and other sexual acts of abuse and violence committed against women and children. The experts will also provide expert assessment of the impact of the crime during and after the assault.

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