Domestic Violence

Philadelphia Domestic Violence

Domestic violence cases may involve:

Married couples Boyfriend and girlfriend Parent and child Stepparent and child Same sex partners Different relationships in a household that include a victim and the accused Violence or threats of violence

In Pennsylvania there were 35 domestic homicides in 2009. Some 21 of the 35 victims made a total of 178 calls for help to 911 or authorities prior to their murders. Many of the alleged attackers had restraining orders preventing them from communicating with or being in the physical presence of the victim. The parties involved in domestic violence cases often have a history of violence with former partners. As well, they have been dealing with anger issues for years and years; many learned violent habits as children and were victims of parental abuse themselves.

Domestic violence cases require vigilant legal representation: the police officers commonly charge the wrong party, basing their arrest on the information they were given and their own observations. Sometimes there is no physical violence whatsoever - just threats or intimidation. Obtain the legal representation of an experienced and aggressive Philadelphia domestic violence attorney.

Do not allow yourself to be taken advantage of. Call our offices now for a free and confidential consultation to explore your options.

Wife Breaks Husband’s Nose -  As He Shampoos

In one case of domestic violence, the husband was taking a shower and shampooing his hair when his wife barged into the bathroom and began screaming at him about something. He could not hear her because of the running water; he could not see her because his eyes were closed as he shampooed. The wife was agitated when he told her to wait until he was finished, but impatient and angry, she would not. She pulled open the shower curtain, and punched him in the face. Eyes closed, soapy water in his ears and on his eyes, unprepared for the punch, of course he was shocked. Even worse, she punched him again in the face, striking his cheekbone. He was again shocked, physically hurt, and simply unable to defend against her punches. She punched him a third time, apparently striking her “target:” his nose. Her fist hit it with such intensity that it completely flattened his nose, breaking it in many places.

With both husband and wife in a state of shock, surprise, anger and fear, she called 911 for emergency medical rescue. He warned her not to call, as he assumed she – or perhaps he – would get arrested and taken to jail. They had a young child and the mother was still nursing him. Despite the attack, the husband did not want her taken away. When EMT arrived and saw the husband’s bloody, flattened nose, the police were immediately called, and despite his protestations, she was arrested and taken to jail, where she was kept overnight. Charges were filed against her and they were used against her and to his benefit in the couple’s divorce. The husband’s doctor stated that he never saw a nose so thoroughly flattened before – it was a violent attack. If you have been involved in a domestic violence case, you will need experienced and skilled legal representation from a Philadelphia domestic violence attorney. Call our office for a free consultation. You should be clear as to the penalties you could be facing so that you can make informed decisions in your case. You do not need to face this alone, and in fact the last thing you should do is represent yourself.

The Philadelphia Emergency Domestic Violence Site

The Philadelphia Emergency Domestic Violence Site issues “Emergency Protection from Abuse Orders.” This is an innovative way of making emergency protection available after hours and on weekends, when Family Court is closed. In fact, the Emergency Site is open daily from 5 pm until 8 am, and 24 hours on weekends and holidays. An emergency protection order is available only to those individuals who were or are subject to abuse by:

Current spouse Former spouse Parent Child Current or former sexual or intimate partner - same sex partners included Boyfriend or girlfriend Father or mother of your children Others related by blood or marriage

While this emergency protection ideally serves a great purpose, it is possible to become the victim yourself and be “set up” by a jealous wife, husband or former lover. Once the protective order is issued, this may serve as evidence against you in your case. If you were untruthfully targeted as an abuser, do not let yourself take the blame for something you did not do. Obtain the services of a skilled criminal defense attorney who specializes in domestic violence cases.

Philadelphia Domestic Violence: Abuse

In Pennsylvania, abuse is defined as:

Attempting or causing physical injury Placing another in fear of bodily injury Sexual assault False imprisonment Stalking

Probable cause for arrests in domestic violence:

According to Pennsylvania statute 2711, a police officer may not arrest a person … without first observing recent physical injury to the victim or other corroborative evidence. This means that the police officer who arrives at the scene of a domestic violence call is responsible for sorting out the information, asking questions and determining the truth from the lies. Based on the officer’s ability – or lack of ability – to discern the facts in the case, he may arrest either or both parties. If one of the parties is a victim of domestic violence, the officer must inform her that she has the right to go to court and file a request for a protective restraining order. Obviously the arresting officer has been given an incredible amount of latitude to make arrests, based simply on what he believes to be the case. Were you falsely accused of abuse? Were you the victim of a domestic violence case? Did the arresting officer “have it out for you” the second he saw you? Racial profiling is illegal and may be used to help you in your case if was a factor in the arrest. Arresting one of the parties of the case based on his or her gender is also a form of discrimination and can be a significant factor in your case. A skilled and experienced criminal defense lawyer who specializes in domestic violence cases will fight for your life and help you reveal the truth if you were set up as the alleged abuser. Call our office now for a free consultation.