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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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