Butler County Domestic Violence Defense Lawyer

Criminal Defense » Criminal Defense Attorney in Butler, PA » Butler County Domestic Violence Defense Lawyer

An arrest or a Protection From Abuse order (PFA) in Butler County can turn your life upside down. You may be ordered out of your home, blocked from contact, and facing criminal charges at the same time.

Get clear guidance and a defense plan as soon as possible. Call our Butler County criminal defense lawyers at 878-888-0311 for a free and confidential consultation.

Domestic Violence Under Pennsylvania Law

Pennsylvania doesn’t have a single criminal charge called “domestic violence.” Instead, incidents between family or household members or intimate partners are usually charged under existing crimes—like simple assault, aggravated assault, strangulation, stalking, harassment, or terroristic threats—and may also involve Protection From Abuse (PFA) orders in civil court.

Common Criminal Charges in Domestic Violence Cases

Simple Assault (18 Pa.C.S. §2701): Allegations of causing or attempting to cause bodily injury, or putting someone in fear of imminent serious bodily injury. Graded as a misdemeanor, with the degree depending on the circumstances.
Aggravated Assault (18 Pa.C.S. §2702): Allegations of causing or attempting to cause serious bodily injury, use of a deadly weapon, or assault on protected persons (e.g., police). Felony level.
Strangulation (18 Pa.C.S. §2718): Knowingly or intentionally impeding breathing or blood circulation by pressure to the neck/throat or blocking nose/mouth. Often charged in DV contexts.
Terroristic Threats (18 Pa.C.S. §2706): Threats to commit a crime of violence or cause evacuation; context matters.
Stalking (18 Pa.C.S. §2709.1) & Harassment (18 Pa.C.S. §2709): Alleged repeated acts, following, communicating to alarm/annoy, or putting someone in reasonable fear.

Protection From Abuse Orders

A Protection From Abuse (PFA) order is a civil court order that can restrict contact, remove someone from a residence, address custody/finance issues, and require firearm relinquishment in some circumstances. Courts can issue emergency PFAs when the court is closed (through a magisterial district judge), temporary PFAs during business hours, and final PFAs after a hearing. Final orders can last up to three years.

Mandatory Arrest & Weapons Seizure

If police have probable cause to believe certain offenses occurred against a family or household member—such as simple assault, aggravated assault, recklessly endangering, terroristic threats, stalking, or strangulation—they may arrest without a warrant even if the officer didn’t witness the incident.

Officers must then take the person before an issuing authority for preliminary arraignment. Release at the scene is not permitted under this section. Weapons used in the alleged offense are seized.

Penalties and Collateral Consequences in Butler County

If you were arrested for domestic violence, potential penalties depend on charge level, your record, and the facts. Below are statutory maximums by degree. Actual sentences follow Pennsylvania’s guidelines and the case evidence.

Maximum Penalties by Degree

Third-Degree Misdemeanor: Up to 1 year in jail; fines up to $2,000.
Second-Degree Misdemeanor: Up to 2 years; fines up to $5,000.
First-Degree Misdemeanor: Up to 5 years; fines up to $10,000.
Third-Degree Felony: Up to 7 years; fines up to $15,000.
Second-Degree Felony: Up to 10 years; fines up to $25,000.
First-Degree Felony: Up to 20 years; fines up to $25,000.

Consequences Beyond Jail and Fines

Protective Orders: Temporary or final Protection From Abuse orders (PFAs) can limit contact, remove you from the home, and set custody terms.
Firearms Relinquishment: Under Act 79, final PFAs adjudicated by a judge require weapons relinquishment. Friends & family are not eligible safekeepers. Surrender deadlines are strict.
Employment & Licensing: Background checks and professional licensure implications.
Immigration Risks: Some convictions or orders can create immigration consequences.
Protection From Abuse Violations: Alleged violations can lead to indirect criminal contempt proceedings.

Protection From Abuse (PFA) Order Types & Duration:

Emergency PFA

Who Issues: Magisterial District Judge
When: Only when the court is closed
Duration: Until the next court day
Notes: Can be accessed through police or a Magisterial District Judge after hours.

Temporary PFA (Ex Parte)

Who Issues: Court of Common Pleas
When: During business hours
Duration: Short-term, in place until the scheduled hearing
Notes: The plaintiff appears at the Domestic Relations or PFA office to request this order.

Final PFA

Who Issues: Court of Common Pleas (after a full hearing)
When: After notice is given and a hearing is held
Duration: Up to 3 years
Notes: Relief can include eviction of the defendant, temporary custody, financial support, and firearms surrender.

Steps of the Criminal Case and PFA Legal Track

Domestic cases can move on two tracks: (1) the criminal case (assault-type charges), and (2) the civil PFA process.

Criminal Track (Assault-Type Charges):

Arrest or Summons & Preliminary Arraignment (Magisterial District Judge): You’ll be advised of charges and bail terms. In Domestic Violence arrests covered by §2711, officers must take you for arraignment; weapons used in the alleged offense are seized.
Preliminary Hearing (Magisterial District Judge): The MDJ decides if there’s enough evidence to send charges to the Butler County Court of Common Pleas. This is a key chance to test evidence and negotiate.
Formal Arraignment & Discovery (Common Pleas): This step takes place at 124 W. Diamond St., Butler, PA 16003. We obtain body-cam, medical records, texts, and other discovery. We file motions to suppress and limit evidence.
Pre-Trial Conferences & Negotiations: We push for dismissals, reductions, or probationary outcomes where appropriate.
Trial (If Needed) & Sentencing: We try your case if that’s the best route. If convicted, we advocate for the lowest reasonable sentence based on guidelines and mitigation.

Protection From Abuse Track (Civil Protective Order):

Where to File: In Butler County, go to the Domestic Relations Section (Level L, Butler County Government Center) between 8:30 a.m. and 10:30 a.m., Monday–Friday for temporary PFA filings. After-hours emergency PFAs may be sought from a magisterial district judge.
Temporary Order: A judge can grant short-term relief the same day. A hearing will be scheduled for a final PFA.
Final Hearing: Both sides can present evidence and witnesses; final PFAs can last up to 3 years and may require firearms relinquishment. Violations can trigger indirect criminal contempt.

Defense Strategies For Domestic Violence Cases

We tailor our strategy to the facts, the people involved, and the evidence. A strong defense can be built for both criminal and Protection From Abuse cases.

Challenging the Story & Timing: We compare statements, body-cam, 911 audio, and messages for inconsistencies or motives (e.g., custody disputes, access to the home).
Self-Defense / Defense of Others: Pennsylvania law allows force if you reasonably believe it’s immediately necessary to protect yourself or someone else; details like who started the conflict, weapons, and ability to retreat matter.
Injury Level & Medical Proof: Whether the evidence supports “bodily injury” versus “serious bodily injury” can be decisive. We investigate misgrading.
Strangulation Allegations: We examine medical records, photos, and expert opinion to test whether the 2718 elements are actually met.
Overcharging vs. Harassment/Stalking: Some alleged conduct is better classified as harassment or stalking, not assault. Downgrading charges can change bail, penalties, and long-term impact.
Evidentiary Motions: We block the use of statements or evidence gathered unfairly. We ask the court to keep out evidence that could mislead or unfairly sway the jury.
Protection From Abuse Defense: We challenge proof of “abuse” under 23 Pa.C.S. §6102 definitions, contest breadth of requested relief, and propose narrowly tailored terms when appropriate.
Violations & Contempt: If accused of violating a PFA, we scrutinize notice & service, clarity of terms, and actual conduct before the indirect criminal contempt court.

Want a targeted strategy for your facts? We’ll review your paperwork and map out your best next steps.

Follow These Steps If You’re Arrested or Served With a PFA

If You’re Arrested or Expect Arrest:

Do not make statements. Ask for a lawyer; be courteous but firm.
Follow bail conditions after your preliminary arraignment (no contact, no return to residence if ordered, travel limits). Violations hurt leverage and can put you back in custody.
Preserve evidence: Save texts, call logs, social media posts, photos, and contact info for witnesses.
Write a timeline while memories are fresh (where, who, what was said, any prior incidents).
Avoid direct contact with the complaining witness; let your attorney handle communications.

If You’re Served With a Protection From Abuse Order (PFA):

Contact a Lawyer. A lawyer will explain the order, protect your rights, and prepare you for the upcoming hearing. An experienced attorney can lead you through the rest of the steps below.
Read the Order Carefully. Pay close attention to the hearing date, no-contact rules, and any firearm surrender requirements.
Follow the Order Exactly. Even if you disagree with the allegations, do not ignore the terms. Violating a PFA can result in arrest and indirect criminal contempt charges.
Gather Evidence. Save text messages, emails, video clips, medical records, and witness names. This evidence can help challenge the order in court.
Prepare for the Hearing. With your attorney, organize testimony, exhibits, and possible resolutions.
Address Firearm Rules. If the PFA requires you to surrender firearms, meet all deadlines and follow Act 79 procedures. You cannot transfer firearms to friends or family; use approved methods only.

Butler County Courts, Resources & Contacts

Butler County Court of Common Pleas
Address: 124 W. Diamond St., Butler, PA 16001
Phone: 724-285-4731
Website

Butler County PFA / Domestic Relations Office
Address: 124 W. Diamond St., Level L, Butler, PA 16003
Phone: 724-284-5181
Website

Clerk of Courts (Criminal Records/Filings)
Address: Government Judicial Center, 124 W. Diamond St., Butler, PA 16001
Phone: 724-284-5233
Website

MDJ – Cranberry Township (District 50-3-04)
Address: 9028 Marshall Rd., Cranberry Township, PA 16066
Phone: 724-772-1717
Website

Local FAQ (Cranberry Township) re PFAs
Address: Cranberry Township Municipal Center, 2525 Rochester Rd., Suite 400, Cranberry Township, PA 16066-6499
Phone: 724-779-7633
Website

Local Support (Butler Township Police Resource Page – VOICe info)
Address: Butler Township Police Department, 290 S. Duffy Rd., Butler, PA 16001
Phone: 724-285-9600
Website

Why Choose Worgul, Sarna & Ness for Domestic Violence Defense in Butler County

When accusations involve your relationships, home, and freedom, you need speed, strategy, and clarity. Our firm has experience achieving not guilty outcomes in contested domestic violence trials.

What You Can Expect:

Trial-Ready From Day One: We build leverage by preparing like your case will be tried.
Local Court Familiarity: We regularly appear before Butler County MDJs and in the Common Pleas courthouse.
Relentless Evidence Review: We examine body-cam footage, 911 calls, medical records, text messages, social posts, and video evidence.
Two-Track Experience: We coordinate criminal defense and PFA defense so strategies align.
Clear Communication: You work with your lawyer; we explain options, likely timelines, and realistic outcomes.

Helpful Resources:

Areas We Serve in Butler County

We represent clients throughout Butler County, including:

Cranberry Township
Butler Township
Adams Township
Buffalo Township
Fernway
Mars
Evans City
Saxonburg
Zelienople
Slippery Rock
Valencia

and nearby communities.

Frequently Asked Questions

Is “domestic violence” a separate crime in Pennsylvania?

No. Pennsylvania typically charges conduct under existing statutes like simple assault, aggravated assault, strangulation, stalking, harassment, or terroristic threats, and may also involve a PFA in civil court.

What is a PFA and how long can it last?

A Protection From Abuse order is a civil order that can restrict contact, address residence/custody, and require firearms relinquishment in some cases. Final PFAs—after a hearing—can last up to three years.

Can the police arrest me without a warrant in a DV incident?

Yes—if there is probable cause for certain offenses against a family/household member (e.g., simple assault, specific aggravated assault subsections, terroristic threats, stalking, strangulation), officers may arrest without a warrant and must take you for preliminary arraignment; weapons used are seized.

Will I lose my firearms if I’m served with a PFA?

Under Act 79, final PFAs adjudicated by a judge require firearms relinquishment with strict rules on how and to whom you may surrender. Deadlines and procedures matter; friends/family are not eligible safekeepers.

What’s the difference between “bodily injury” and “serious bodily injury”?

“Bodily injury” includes impairment of physical condition or substantial pain. “Serious bodily injury” is a substantial risk of death, serious permanent disfigurement, or protracted loss/impairment—often elevating charges to aggravated assault (felony).

Where do I file for or respond to a PFA in Butler County?

For a temporary PFA, go to the Domestic Relations Section (Level L, Butler County Government Center) between 8:30–10:30 a.m., Monday–Friday. After-hours emergency PFAs are available through a magisterial district judge.

What are the maximum penalties for misdemeanors and felonies?

As a general rule, misdemeanor and felony charges are as follows: M3 up to 1 year/$2,000; M2 up to 2 years/$5,000; M1 up to 5 years/$10,000; F3 up to 7 years/$15,000; F2 up to 10 years/$25,000; F1 up to 20 years/$25,000. Actual sentences depend on guidelines and the case facts.

Can a PFA violation give me a criminal record?

Alleged violations may be charged as indirect criminal contempt, which proceeds in criminal court and can result in penalties if proven.

Butler County Domestic Violence Defense Lawyer

Don’t navigate a domestic violence allegation or Protection From Abuse order alone. The earlier you act, the more options you may have. Call 878-888-0311 or send us a confidential message. We’re ready to help in Butler County.