Pittsburgh Domestic Violence Attorneys | Worgul, Sarna & Ness, Criminal Defense Attorneys

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Facing Domestic Violence Charges in Allegheny County? We Can Help.

The repercussions from a domestic violence charge are among the most traumatizing of any criminal offense. If you have been charged with attacking someone in your family, you risk being sent to jail, and you are in jeopardy of being forbidden to return home, prohibited from seeing your children, and having your family relationships damaged beyond repair. It is critical to have a strong defense to accusations of domestic violence during this difficult time.

If you are facing domestic violence charges in Pittsburgh, call Worgul, Sarna & Ness, Criminal Defense Attorneys at (412) 281-2146 for a free and confidential consultation.

Domestic Violence Accusations in Pennsylvania

Once a domestic abuse charge is filed, Pittsburgh area courts typically will not dismiss the charges, even if the alleged victim asks to withdraw them.

Domestic violence accusations are frequently made during a bitter divorce or custody actions. Even if they are not legitimate, accusations of domestic violence can still cause many serious problems.

Falsely Accused of Domestic Violence in Pennsylvania?

If you are unsure if your actions amount to domestic violence, or if you have been falsely accused of criminal conduct, it’s critical to speak with a Pittsburgh domestic violence lawyer right away. Police officers very often make arrests too quickly and without proper evidence in an effort to de-escalate matters. However, this is little comfort to someone suddenly charged with domestic abuse.

A domestic violence defense attorney from our firm can:

  • Investigate the facts
  • Gather evidence that supports your account
  • Challenge weak or biased claims
  • Work to prevent a wrongful conviction

Protection from Abuse (PFA) Orders in Pennsylvania

In Pennsylvania, victims of domestic violence can ask the courts for a Protection From Abuse order (PFA). Abuse victims can file a PFA order against a spouse or ex-spouse, a parent, child, or other intimate partner or family member. PFA orders can remain in effect for up to three years and offer protective relief to abuse victims in several ways.

A PFA can order you to:

  • Cease all contact with the alleged victim
  • Turn over firearms and other weapons
  • Stay away from the victim’s school, home, or workplace
  • Attend a counseling program

If you are subject to a PFA order, you will be prohibited from returning home if you live with the victim. The PFA can also give your spouse temporary custody of your children. This may severely limit your visitation rights, and you may be unable to see your children.

Violating a PFA is a serious offense and could lead to:

  • Fines up to $1,000
  • Up to 6 months in jail
  • Enforcement across state, county, and tribal lines

What Qualifies as Domestic Violence in Pennsylvania?

Domestic violence charges in Pittsburgh are a serious matter, and they frequently impact individuals and families throughout Allegheny County.

Under 23 Pa. Code §6102, domestic violence involves abuse between individuals with a qualifying relationship:

  • Family members, including current and ex-spouses, parents, children, siblings, and other blood relatives or individuals related by marriage
  • Household members, not including roommates
  • Current or former sexual or intimate partners
  • Individuals who have children together

You can be charged with domestic violence if you commit or attempt:

Consequences of a Domestic Violence Charge in Pittsburgh

A conviction for domestic violence in Allegheny County can lead to:

  • Jail or prison time
  • Loss of gun rights, possibly for life
  • A criminal record that limits employment, military enlistment, and licensing
  • Damage to your family life and personal reputation
  • Termination from your job due to a violent crime arrest
  • Loss of child custody or visitation rights

Penalties for Domestic Violence Offenses in Pennsylvania

Domestic violence covers several distinct charges, so the penalties are based on the specific classification and circumstances involved. Generally, domestic violence convictions result in:

  • Third-degree misdemeanor– Up to 1 year in jail and a fine up to $2,000.
  • Second-degree misdemeanor– Up to 2 years in jail and a fine up to $5,000.
  • First-degree misdemeanor– Up to 5 yearsin jail and a fine up to $10,000.
  • Third-degree felony– Up to 7 years in prison, and a fine up to $15,000.
  • Second-degree felony– Up to 10 years in prison, and a fine up to $25,000.
  • First-degree felony– Up to 20 years in prison, and a fine up to $25,000.

You may also face:

  • Probation
  • Restitution
  • Community service
  • Court-ordered counseling
  • Loss of firearms
  • Long-term protection orders

Domestic Violence Arrests in Pittsburgh

When the police are called in, they will look for the alleged victim to see if there are any injuries or other evidence of domestic abuse. If there is probable cause, they may arrest you on the spot, even without a warrant.

Understanding Pennsylvania Domestic Violence Laws

Pennsylvania does not have a standalone domestic violence statute. Instead, charges are brought under various laws, including:

Domestic Abuse and Family Relationships

Domestic violence covers assaults on current or former spouses, live-in or former live-in partners, children, parents, people related by blood or marriage, people who have a child together, and current or former sexual partners.

Under Pennsylvania domestic violence law, you don’t have to injure your family member for domestic abuse to take place. You can still be charged with domestic violence if your actions cause fear of imminent serious injury.

Domestic abuse in Pennsylvania is broadly defined to include acts such as simple and aggravated assault, stalking, rape, sexual assault, and false imprisonment.

Domestic Violence FAQs

1. When Will Police Make an Arrest for Domestic Violence in PA?

According to 18 Pa. Code 2711, a police officer may make a domestic violence arrest when there is probable cause that assault, strangulation, or another domestic violence crime has occurred. The officer will look for signs of recent physical injury or other corroborative evidence.

2. Will the Prosecutor Drop Domestic Violence Charges If the Victim Recants?

Sometimes the prosecutor will drop domestic violence charges if the victim states they will no longer testify against the person who has been charged. However, the prosecutor may, in some cases, continue to seek a conviction regardless of support from the victim.

Speak With a Pittsburgh Domestic Violence Attorney Today

If you have been charged with domestic violence in Allegheny County, you should contact a Pittsburgh criminal defense attorney as soon as possible. An experienced Pittsburgh domestic violence attorney may not be able to repair your relationship with the other party. Still, they can fight on your behalf so that you won’t face jail time, lose your rights to see your children or other dependents, and more. Only speak to the police if your domestic abuse attorney is with you. Law enforcement will ask you questions to get you to say something that may be a false or accidental admittance of guilt.

You also should not have any contact with the alleged victim, hard as that may be. If you call, text, or otherwise communicate with that person, what you say can be taken out of context and used against you at a trial.

Our domestic violence lawyers have decades of experience in Allegheny County courts and will review the details of your case and advise you on your legal options.

Get the Legal Help You Need From Worgul, Sarna, & Ness

Your rights are at stake, and you need the best defense to keep them. Let our experienced Pittsburgh domestic violence defense attorneys build a strong defense and fight to reduce or dismiss your charges.

Call (412) 790-1679 or email us at advice@pittsburghcriminalattorney.com to schedule your free consultation. 

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