What Happens When a Domestic Violence Case Goes to Trial?

Facing charges related to domestic violence in Pennsylvania can have a serious impact on every aspect of your life. Your reputation, livelihood, and freedom may be on the line, so it’s critical to hire an experienced domestic violence defense lawyer who can help you understand the criminal court process and protect your rights.

Understanding Domestic Violence Charges in PA

Under Pennsylvania law, there is no separate, specific domestic abuse charge. Instead, when offenses such as assault, unlawful restraint, terroristic threats, and other crimes are perpetrated against a spouse, intimate partner, other family members, or someone with whom you share a child, these crimes may be considered misdemeanor or felony crimes of domestic violence.

It’s also important to understand that a protection from abuse order (PFA) is a civil action and is not a criminal charge. However, if you violate a PFA, you can be charged with indirect criminal contempt of court, which carries penalties of up to six months of jail time and fines of $300 to $1,000.

The Pretrial Process

Shortly after your arrest, you will appear before the magisterial district judge for a preliminary arraignment in which you will be advised of the criminal complaint against you. A judge may grant or deny bond at this time. It’s critical to have an experienced domestic violence lawyer present your side and negotiate bond on your behalf.

The Preliminary Hearing

A preliminary hearing is usually held within ten days of the arrest. The prosecution must present sufficient evidence to establish that a crime was likely committed. In a preliminary hearing, you’ll be able to find out what evidence the prosecution has against you and present any mitigating circumstance or justification that could help with your defense. Your defense attorney may challenge any evidence against you at your preliminary hearing and the court will decide if there’s enough evidence for the case to proceed.

Formal Arraignment

At the formal arraignment, formal charges will be made against you, and you'll be required to enter a plea of guilty, not guilty, or no contest. If you plead not guilty, during pre-trial proceedings your attorney will obtain discovery and you may also attend a pre-trial conference to discuss any possible plea bargains with prosecutors.

Possible Defenses for Domestic Violence Charges

When crafting a defense, your domestic abuse lawyer will look at the circumstances and evidence and may employ defenses such as:

• The allegations of domestic abuse are untrue

• The harm caused was accidental or unintentional

• You were acting in self-defense or defense of another party

• Insanity or diminished capacity 

• Other defenses specific to your case

Trial

If you choose to stick with a not guilty plea, your case will go to trial. You may select a trial by jury or a trial by judge. Your attorney can help you decide which option might be better for your case. Although pretrial matters usually move quickly, it could be months before your trial date is set. However, this gives you and your attorney time to thoroughly prepare for your case. Whether or not you choose to testify is a critical decision to discuss with your attorney, but ultimately it is up to you.

At a criminal trial, the prosecution must prove the charges against you beyond a reasonable doubt. Steps of the trial process include:

• Jury selection

• Opening statements by each side

• Presentation of the case by the prosecution and then the defense, which may include evidence, testimony by the alleged victim, and witness testimony. 

• Closing arguments by the prosecution and defense

• Judge or jury deliberations

• Verdict

After a judge or jury deliberates, they will return with a decision. In a criminal trial, a defendant can only be found guilty if all 12 jurors unanimously agree on the verdict. Oftentimes, a defendant facing multiple charges may be found guilty of some charges, but not others.

If you're found not guilty, you’ll be free to go and move on with your life. If you are found guilty of one or more charges, the next step is sentencing. However, you have the right to appeal, which is a separate process you may want to consider.

Do you need help with a domestic violence case? Our experienced West Chester defense lawyers can evaluate your case, advise you of your options, and act as your staunch advocates.

This blog was originally posted on https://pa4law.com/what-happens-when-a-domestic-violence-case-goes-to-trial/

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3 Types of PFAs in Pennsylvania

Victims of domestic violence deserve protection from their abusers. In Pennsylvania, a protection from abuse order (PFA) is a civil remedy that prohibits an alleged abuser from communicating with and harassing or stalking another party. Whether you have been served with a PFA or you’re a victim of domestic violence, understanding the three types of PFAs in Pennsylvania is critical.

1. Emergency PFA

When courts are closed after hours or on a weekend or holiday, it’s possible to get a temporary PFA by contacting your local police department. They can direct you to the magisterial district judge that handles emergency PFAs in your jurisdiction. If the judge determines that you’re in immediate danger, they may grant an emergency protection from abuse order. This type of order typically only lasts until the appropriate court is open where you can file for a temporary PFA.

It’s important to keep in mind that if you do not apply for an ex parte PFA on the business day when the court opens, the emergency order expires. Lawyers for domestic violence victims can help you navigate the process and provide the legal support you need.

2. Ex Parte Temporary PFA

In legal terms, ex parte means that an order can be granted to the person who requested it without requiring a response from the other side. When you file for a PFA, the judge will likely give you a temporary PFA if they believe you or your children are in danger and need immediate protection.

A temporary protection from abuse order will be in effect until your hearing for a final PFA, which is typically scheduled within10 business days. At the hearing, both you and your alleged abuser have the right to testify and present evidence.  If you’ve been served with a PFA and want to fight it, a defense lawyer can help you prepare for the final PFA hearing and represent yngou in court.

3. Final PFA

At the final PFA hearing, both sides may present evidence, testimony, and witnesses to back up their claims, and then a judge decides whether a final PFA is granted. A final protection from abuse order can last up to three years and may be extended in certain circumstances, such as if an abuser harms you again or behaves in other ways that demonstrate a continued risk of harm while while the final PFA is in place.

Who Can Get a PFA in Pennsylvania?

In Pennsylvania, only certain household or family members may request a Protection from abuse order. This includes a spouse, intimate partner, sibling, parent or child, another family member related by blood or marriage, or someone with whom you have a child. If you’re a victim of sexual violence or intimidation by someone other than a partner or family member, a sexual abuse lawyer can help you obtain a different kind of protective order, such as a sexual violence or intimidation protection order.

Regardless of whether you’ve been abused or need legal representation because you’ve been accused of abuse, our team of domestic violence lawyers, criminal defense attorneys, and sex crimes attorneys can help.

This blog was originally posted on https://pa4law.com/3-types-of-pfas-in-pennsylvania/

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How a Sexual Assault Case Can Affect Your Professional Life

Being accused of a sex crime can have a negative impact on all aspects of your life, including your career. If you are convicted, the social stigma of having a criminal record and being branded a sex offender has far-reaching consequences that can affect your family, relationships, reputation, and quality of life. If you are facing sexual assault charges, hiring an experienced criminal defense attorney to mount a solid defense and limit the impact on your employment/profession is critical.

Termination of Employment

Sexual assault charges may prompt your employer to suspend or terminate your employment. Although there are laws that prohibit discrimination on the basis of race, gender, religion and other factors, Pennsylvania is an “at-will” employment state. This means that an employer can fire an employee at any time for any reason, unless it is illegal, such as discrimination as defined by the law.

Many employers have specific procedures and policies for dealing with different circumstances, including criminal charges and convictions. You and your sex crimes lawyer should carefully review the conditions of your employment and any contractual agreements you may have with your employer.

If your sexual assault case prevents you from completing your assigned duties and responsibilities, one possible solution is for your employer to suspend you without pay or grant leave until your legal matters are settled. Unfortunately, a conviction for a sex crime will most likely result in termination.

There are different levels of sex crimes in PA. If you have a positive, longstanding relationship with your employer, it might be advantageous to have an honest talk about it and try to work something out that enables you to keep your job.

Revocation of Professional Licenses

A sexual assault conviction may also result in the revocation of your professional or occupational license and prohibit you from obtaining one in the future. This does not just apply to sex crimes – a drug conviction or DUI can also impact professional licensure.  Some common professions that may be affected due to a criminal conviction include:

• Health care providers such as doctors, nurses, dentists, and pharmacists

• Teachers

• Child care providers

• Attorneys 

• Law enforcement officers

• Firefighters

• EMTs

• Truck drivers

• Social workers

• Massage therapists

• Other professionals

Employment Disqualification

The long-term repercussions of a sexual assault case or other criminal conviction can present a serious obstacle to finding employment. Even something that may seem minor, like violating a protection from abuse order, may show up in a criminal background check. Moreover, if you are convicted of a sex crime, you will likely be required to register as a sex offender for at least 10 years or more.

Our experienced criminal defense attorneys fight to protect your rights and advise you of the best course of action to preserve your reputation, freedom, and professional standing.

This blog was originally posted on https://pa4law.com/how-a-sexual-assault-case-can-affect-your-professional-life/

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