In Pennsylvania, domestic violence is defined by any assault and battery against another household member. The charges can also include threats to commit bodily harm as well. The laws protect current and former members of the household including children, spouses, and former romantic partners. domestic violence attorneys in Lancaster County can answer any questions for criminal defendants.
Can Both Parties Go to Jail?
Yes. If the officers can’t establish an aggressor when investigating the allegations, both parties are taken into custody immediately. In these instances, each party will face charges for domestic violence until it is proven that one of them was a victim. A court hearing is scheduled for each party, and each offender must enter a plea and stand trial.
Who Secures a Protection Order?
Typically, the victim can file a motion through the court to obtain a protection order and the defendant must abide by the stipulations of the order. However, if both parties were charged, they both have the legal right to obtain a protection order to prevent further attacks. Any violation of a protection order equates to additional criminal charges.
What Are the Terms of the Defendant’s Release?
The terms of the defendant’s release are similar to the terms of the protection order; however, these terms apply until the defendant attends their first court hearing. They cannot contact the victim, and they cannot visit the home of the victim. Any violation of these terms could result in a revocation of their bond and their immediate arrest.
How Do Domestic Violence Charges Differ from Standard Assault and Battery?
The classification of these offenses can increase the penalties imposed on the defendant due to the fact that the victim is typically a family member. The victim can also acquire an extension for their protection order if the defendant is convicted.
In Pennsylvania, domestic violence includes physical offenses committed against household members. The most common of these offenses involve spouses or children and could lead to a divorce. Defendants who are facing these charges can contact domestic violence attorneys in Lancaster County through the Law Office of Melissa R. Montgomery and schedule an appointment now.
