In comparison, in a criminal case where harassment or assault is alleged against the defendant, the prosecuting attorney has the discretion to seek a protection order against the defendant on behalf of the alleged victim. If a person feels he or she is under the immediate threat of danger, the person can call 911 and dispatchers will provide the number of the magisterial district judge who is on call.
In Pennsylvania there are certain people a civil protection order can be taken out against according to 23 Pa. If the judge determines that the person is in immediate danger, she or he may grant an emergency order that lasts until the next business day when an ex parte temporary protection from abuse order may be requested.
A protection order can Whether criminal or civil, protection from abuse orders can often be one-sided, therefore it's important that an individual who is the subject of a protection from abuse order contact an experienced criminal defense attorney.
A criminal defense attorney can help an individual best present his or her side of the story and protect the individual's legal rights.
Choking often leads to escalating violence in abusive relationships, according to victim advocates and prosecutors, who say victims have trouble proving they were choked.
Physical injury is not necessary to charge an alleged perpetrator under the bill that Gov. The state became one of more than 30 that have taken such actions.
Under the law, this action would rise to the felony level in several instances, including if the perpetrator is a family member or caretaker of the victim or is under a protection from abuse order or if the act is committed as part of sexual violence.
The law does not apply if someone consents to being choked.
A court issuing a domestic violence protective order is authorized, but not required, to order the abuser to relinquish all of his or her firearms, as well as ammunition used or threatened to be used in an incident of abuse.The bill passed in the state House by a 184-3 vote and by a unanimous vote in the Senate.Dolly Wideman-Scott, chief executive officer of the Domestic Violence Center of Chester County, said in a statement that she was thankful for the law, adding that she sees victims come to her office who are emotionally and physically damaged.Law enforcement in Pennsylvania will soon have another tool to combat domestic violence.Governor Tom Wolf signed into law Wednesday a bill that designates strangulation as a form of assault and allows authorities to charge perpetrators with a felony in some scenarios.