Domestic Violence Center of Chester County Home Page
the Domestic Violence Center of Chester County, Inc.
Legal Center for the Domestic Violence Center of Chester County
 
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  • Legal options counseling
  • Legal advocacy
  • Representation in protection from abuse matters,
  • Accompaniment to court hearings
  • Outreach to District Courts

DVCCC is also able to provide legal advice and representation to clients in areas including custody, divorce, spousal support, child support, bankruptcy. The Center works in collaboration with law enforcement, the District Attorney's Office and Crime Victims' Center to assure that domestic violence victims are served efficiently and compassionately.

Legal Options

The Domestic Violence Center has two attorneys and several trained legal staff persons who can help you to further understand your legal options. We can accompany you to court, support you during legal proceedings, and in some cases, our attorneys can represent you.

You can make your own decisions...

No one will force you to take legal action. Our first concern is for your safety. The Domestic Violence Center's services are designed to give you the information and support needed to live free of violence.

No one anywhere should be subject to
bodily harm at any time...

The Police and the Criminal Court System

In An Emergency

If you are injured or in danger, call 911! The police can help you get to a safe place and obtain medical treatment, if necessary. Once you are out of immediate danger, call our hotline for information and support.

Probable Cause Arrest

Currently, under Pennsylvania law, if the police are called to a domestic violence situation and they observe evidence that a violent crime has occurred (such as obvious injuries, broken windows, or broken furniture), they have the power to arrest on criminal charges - even if they did not witness the assault.

Bail Conditions

The abuser will be released from jail as soon as he/she makes bail. You should make the police and district justice aware of the abuser's history of domestic violence. They will consider this information in setting bail. The abuser can be ordered to have no contact with you as a condition of his/her bail. Ask the arresting police officer to notify you if and when the abuser makes bail.

Criminal Court Proceedings

If the abuser is found guilty or pleads guilty, the sentence could include a fine, jail time, court-mandated counseling, or a combination of these things. Some studies have shown that even if there is not a finding of guilt, putting your abuser through the judicial system, and holding him/her accountable for his/her actions, can reduce the chances that you will be abused again.

The Civil Court System and Protection From Abuse Orders (PFAs)

Emergency Protection Order (EPO)

In the evenings, on weekends, or during holidays you may seek an Emergency Protection Order. An EPO will last until the next day the Chester County Courthouse in West Chester is open. The District Justice on cal1 for Chester County can issue an EPO. Call the police or the Domestic Violence Center to find out which District Justice is on call. The EPO is effective as soon as it is signed, but the abuser will not know about the EPO until he or she is served by the police.

Temporary Protection From Abuse Order

Victims of domestic violence may petition for a Protection From Abuse Order at the Chester County Courthouse in West Chester, from Monday to Friday between the hours of 8:30 and 4:30. The Domestic Violence Center Staff can also help you to prepare the paperwork for your petition. A Temporary PFA Order is issued by a Family Court Judge of the Court of Common Pleas. The Temporary PFA lasts until a hearing can be scheduled (usually about 10 days). The sheriff must serve the abuser in person with the protection order and a notice of the hearing date. PFAs can include the following clauses: no abuse, no contact, bar the abuser from the home, award temporary child custody, and/or confiscate weapons. All Orders are not alike; the Judge will decide what is appropriate in individual cases, based on the facts presented to him/her. There is no fee charged for filing the petition. Court costs are usually assessed against the abuser. Court cost may be charged to the petitioner if she/he does not appear or withdraws the petition.

Final Protection From Abuse Order

After a hearing in the Court of Common Pleas, a Final Order, effective for up to eighteen months may be granted if the judge decides that there is sufficient evidence of abuse. The Final PFA may contain the same remedies provided in the Temporary PFA Order, or the conditions may be modified.

Any violation of an Order should be reported to the police. The abuser will be arrested, and a violation hearing will be held within one week. Penalties for violating a PFA order can include up to six months in prison and/or a fine up to $1,000. The final order can be extended for 18 months when the abuser commits another act of abuse during the time the PFA is in effect.

 
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