Philadelphia Domestic Violence Attorney in PA and NJ
If you have been charged with a domestic violence crime, or if you have been served with a Protection from Abuse order, a Tauber Law Philadelphia domestic violence lawyer can help fight for your rights.
Experienced Domestic Violence Lawyer Fighting for You in Philadelphia, PA, and NJ
If you’re facing domestic violence charges, the fallout can affect your reputation, relationships, and even your freedom. At Tauber Law, we draw on our deep knowledge of Pennsylvania domestic violence statutes and our experience in the Philadelphia courts. We know the strategies the prosecutors may use against you and how to counter them.
Our domestic violence law firm has convenient locations in Philadelphia, Delaware, Montgomery, Bucks, and Chester counties in Pennsylvania. In New Jersey, we have offices in Camden, Burlington, Atlantic, and Mercer counties.
We can work to have your charges reduced, questionable evidence thrown out, or your penalties reduced. Don’t face the legal system alone! An experienced, aggressive, and compassionate Philadelphia domestic violence attorney can help you understand the charges and penalties you’re facing and explain how we can help protect your rights.
What Is Considered Domestic Violence in Philadelphia?
The term “domestic violence” covers a wide variety of offenses perpetrated against someone you live with. These crimes may be sexual in nature and can be considered non-violent or violent.
Charges for domestic violence typically involve an offense against one’s:
- Boyfriend or girlfriend
- Ex-boyfriend, girlfriend, or spouse
- Husband or wife
- Mother or father
- Son or daughter
- Roommate or housemate (or former roommate or housemate)
- Grandparent or grandchild
- Romantic or sexual partner
It’s important to note that although the majority of perpetrators charged with domestic violence offenses are men, domestic violence victims may be anyone, male or female, old or young. Anyone may be charged with a domestic violence crime, and anyone could be the perpetrator.
DV Charges in Philadelphia
- Aggravated assault
- Endangering the welfare of a child
- False imprisonment
- Harassment
- Rape
- Recklessly endangering another person (REAP)
- Robbery
- Sexual assault
- Simple assault
- Stalking
- Strangulation
- Terroristic threats
Protection from Abuse (PFA) Order in Pennsylvania
A Protection from Abuse (PFA) order is a court order that keeps the alleged perpetrator of abuse from going physically near the complainant or from contacting them by phone, letter, or online. These orders may stipulate a certain distance that the accused must remain away from the complainant. They may also keep the accused from entering the complainant’s workplace or school. If the accused and the complainant share custody of children, custody or visitation may be revoked or limited to supervised visits.
Some PFA orders may limit the accused’s possession of weapons or forbid the accused from obtaining one. PFA orders can be broad, containing any provision a judge feels is necessary for the complainant’s protection.
Unlike proving a domestic violence criminal charge, with a PFA order, there is no requirement for the complaining party to provide proof beyond a reasonable doubt against the accused.
If you have been served with a PFA order, you can hire a domestic violence attorney in Philadelphia and attend a hearing to determine whether the order will be granted. Although a PFA is a civil matter, if you violate the terms of the order, you may face criminal charges.
Talk to an Experienced Lawyer for Domestic Violence in Philadelphia
Penalties for Domestic Violence and Abuse in Pennsylvania
The severity of the penalty for a DV charge depends on the type of offense, whether it was violent or sexual, and whether it was perpetrated against a minor child. Furthermore, Pennsylvania law allows for the same crime to have different penalties depending on how the offense is graded.
Your domestic violence penalties could include the following:
- Third-Degree Misdemeanor: Fines up to $2,500 and up to one year in jail
- Second-Degree Misdemeanor: Fines up to $5,000 and up to two years in prison
- First-Degree Misdemeanor: Fines up to $10,000 and up to five years in prison
- Third-Degree Felony: Fines up to $15,000 and up to seven years in prison
- Second-Degree Felony: Fines up to $25,000 and up to 10 years in prison
- First-Degree Felony: Fines up to $25,000 and up to 20 years in prison
You can see that even with a misdemeanor charge, you have a lot to lose if you are convicted of domestic violence charges. Don’t risk your future — contact a domestic abuse lawyer to protect you!
Potential Consequences of Being Convicted of a Domestic Violence Charge in PA and NJ Areas
Beyond the legal penalties for a DV conviction, those convicted may also suffer a loss of reputation, financial problems, and difficulty finding a job. Parents may even lose custody of their children or find that any visitation with a minor child can happen only in the presence of a court-approved supervisor.
A conviction is also on public record, which means that the details of your conviction are available to the general public. A mistake in your life could still haunt you decades later, affecting every aspect of your life. Your record follows you even after you’ve served your time, affecting your future in the following ways:
Your Career
More than 70% of companies perform a background check on every new hire — if you apply for a position, there’s a good chance the employer will see your charges. Many companies also have policies against hiring people with certain charges, such as those involving minors or violence. If you want a job in education, healthcare, or another caregiver field, your domestic violence conviction will likely disqualify you.
Your Housing
Many landlords also conduct criminal background searches on potential tenants, seeking those they can trust not to engage in illegal activity or disrupt other tenants. Many property managers may hesitate to approve a lease application for someone convicted of domestic violence, fearing the potential for violence on their property.
Your Professional Licensure
If your career requires a professional license or certification, or if you plan to go into a field like law enforcement, medicine (both physicians and nursing), legal, or education, then you may have your professional license suspended or revoked. If you haven’t applied for a professional license yet, you may not be approved. Many professional boards conduct background checks. At the minimum, you may be asked to disclose the circumstances of your charges.
Custody and Family Law Cases
Conviction for domestic violence or issuance of a PFA order can seriously jeopardize your custody arrangements or hamper your arguments for the custody arrangements in a divorce or custody case. Family Law courts take a domestic violence charge seriously; an arrest for DV has a negative effect on your case. Your child’s other parent may petition the court for full custody or prevent visitation. Furthermore, a PFA may make it impossible for you to go home, see your children, or attend their events.
Defense Strategies for Pennsylvania Domestic Violence Charges
You receive a preliminary hearing if you have been charged with a felony, and the prosecutor must prove your guilt beyond a reasonable doubt, either in front of a jury or in a bench trial.
Some of the potential defenses Philadelphia domestic violence attorneys may employ include:
Credibility and Motive to Fabricate
The defendant has the right to cross-examine any witnesses called against them to determine whether they are telling the truth. Your lawyer uses cross-examination to find inconsistencies in the witness testimony or even prove that they are exaggerating or fabricating the events. We may also use evidence that disproves the witness testimony or notes that they may have other motives for accusing you of domestic violence.
Sufficiency of the Evidence
The prosecution is responsible for proving their case, meaning they have to show that you are guilty beyond a reasonable doubt. We often see prosecutors overcharging our clients and then having insufficient evidence to prove all their claims. We can argue against certain charges because the other side cannot prove them sufficiently, or we can argue for a lesser charge.
Pre-Trial Motions
This is our opportunity to question how the prosecutor obtained the evidence against you. We take your constitutional rights seriously. If you were illegally interrogated or the evidence was illegally obtained, we can file a motion to remove it before your trial.
Domestic Violence Diversion Programs in Philadelphia County
If you are accepted in one of the programs, you may have to satisfy certain safety conditions, attend all mandatory counseling sessions, and be under the supervision of the Philadelphia Courts. The expectations of a Tier II program are higher than those of a Tier I program, so you may have additional sessions to attend and more check-ins with your assigned court officer.
If you satisfy all the terms of your program, the DA will withdraw the prosecution of your charges. You will be able to petition to have your arrest record and criminal charges expunged, so it’s like they never happened. Bear in mind, though, that this is usually offered only to first-time offenders. A domestic violence lawyer can negotiate on your behalf with the prosecution. With legal representation, you may have a better chance of being accepted into the program.
Get a Domestic Violence Attorney Consultation Today!
Why Do You Need to Hire Domestic Violence Lawyers in Philadelphia?
Prosecutors don’t hold back when it comes to domestic violence cases, and they will run circles around an unprepared defendant. You need a strong legal advocate in your corner, someone who is fighting for your interests, and someone who knows the ins and outs of Pennsylvania domestic violence laws.
You may also need someone who understands the tricks and tactics the prosecutor and police may use and how to counter them. You need a cool head to advise you — often, DV charges are upsetting to the person accused, and it’s your lawyer’s job to make cool, rational decisions on your behalf.
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FAQ
Do you have to be married or dating to face a domestic violence charge?
No, a domestic violence charge can involve dating couples, exes, or even parents, grandparents, and children. The term “domestic violence” is used to describe physical or sexual violence and other similar acts perpetrated by one domicile inhabiter toward another.
Can a victim drop charges for domestic violence in Pennsylvania?
No, once the accused has been charged, the defendant cannot drop the charges; only the state attorney’s office can. Although the accuser may be the one complaining, providing evidence, and testifying in the case, they have no say in whether you get charged. The prosecuting district attorney brings the charges and is also the party that can petition the court to have the charges dismissed.