Pittsburgh Domestic Violence Defense Lawyer

Domestic violence allegations in Pennsylvania can lead to criminal charges, a civil Protection From Abuse (PFA) case, or both. Logue Law Group represents people facing these allegations in Pittsburgh and surrounding communities. We review the evidence, explain the proceedings, and prepare a defense suited to the charges and court orders involved.

Depending on the allegations and the relationship between the people involved, a domestic incident may involve charges or proceedings related to:

• Stalking
• Criminal Trespass
• Harassment
• Violation of Protective Order
• Domestic Assault
• Endangering the Welfare of Children
• Child Abuse
• Sexual Assault
• Kidnapping
• Homicide

Each allegation deserves a careful review of the evidence. Our Pittsburgh criminal defense lawyer can examine witness accounts, messages, photographs, medical records, and police reports, and discuss how the criminal case and any related PFA litigation may affect one another.

Pennsylvania Domestic Violence and PFA Definitions

PFA definitions appear in 23 Pa.C.S. § 6102. The covered relationships include:

• Current or former spouses and people living or who previously lived as spouses
• Parents and children
• Other people related by blood or marriage
• Current or former sexual or intimate partners
• People who share biological parenthood

We are here to provide you with the support and legal guidance you need during this challenging time. Trust Logue Law Group to defend your rights effectively.

Domestic Abuse

For PFA purposes, abuse under § 6102 includes specified physical injuries and sexual offenses, reasonable fear of imminent serious bodily injury, false imprisonment, physical or sexual abuse of minor children, and certain repeated conduct causing reasonable fear of bodily injury. The statute requires a covered relationship. The elements of a criminal offense must be evaluated separately.

Protection from Abuse Order

A PFA proceeding is civil, but an alleged violation of the resulting order may lead to indirect criminal contempt and related criminal charges. Read our Pennsylvania PFA defense information for more about responding to a petition, preparing for a hearing, and reviewing the terms of an order.

Common Domestic Violence Charges: Harassment

Under 18 Pa.C.S. § 2709, harassment requires an intent to harass, annoy, or alarm and conduct covered by the statute. The charged subsection matters: some physical-contact, following, and repeated-conduct offenses are summary offenses, while specified communications and cyber harassment of a child are third-degree misdemeanors. Certain prior PFA violations can increase the grade.

Harassment Grading and Potential Penalties

• A summary offense generally carries a maximum of 90 days in jail and a $300 fine, unless another statutory fine applies.
• A third-degree misdemeanor generally carries a maximum of one year in jail and a $2,500 fine.
• The exact charge, applicable grading provisions, and case facts must be reviewed; these are statutory maximums, not mandatory sentences.

Stalking

Stalking under 18 Pa.C.S. § 2709.1 involves a course of conduct or repeated acts or communications under circumstances demonstrating the required intent to cause reasonable fear of bodily injury or substantial emotional distress. A first offense is generally a first-degree misdemeanor; repeat offenses and specified prior convictions or order violations can result in a third-degree felony.

• Classified as a first-degree misdemeanor or third-degree felony
• Generally up to five years for a first-degree misdemeanor or seven years for a third-degree felony
• Potential fines and sentencing consequences must be assessed for the applicable grade
• In accordance with 18 Pa.C.S. § 2709.1

False Imprisonment

False imprisonment under 18 Pa.C.S. § 2903 involves knowingly restraining another person unlawfully so as to substantially interfere with that person’s liberty. The general offense is a second-degree misdemeanor. The statute grades offenses involving victims under 18 as second-degree felonies.

• Generally a second-degree misdemeanor; offenses involving a minor victim are second-degree felonies
• Generally up to two years for a second-degree misdemeanor or ten years for a second-degree felony
• Generally up to a $5,000 fine for a second-degree misdemeanor or $25,000 for a second-degree felony
• In accordance with 18 Pa.C.S. § 2903

Child Abuse

Child abuse allegations can involve several distinct offenses. Endangering the welfare of children under 18 Pa.C.S. § 4304 generally concerns knowingly endangering a child’s welfare by violating a duty of care, protection, or support. The criminal offense should not be confused with the separate child-abuse definitions and reporting provisions in Title 23.

• Generally a first-degree misdemeanor, with felony grading based on factors including a course of conduct, risk of death or serious bodily injury, and the child’s age
• Potential imprisonment depends on the charge and grade; the child’s age and alleged conduct can substantially increase exposure
• Up to a $10,000 or $15,000 fine
• Review 18 Pa.C.S. § 4304 for endangering the welfare of children

Sexual Assault

Sexual assault under 18 Pa.C.S. § 3124.1 generally involves sexual intercourse or deviate sexual intercourse without the complainant’s consent, except where the rape or involuntary deviate sexual intercourse provisions apply. It is distinct from statutory sexual assault under § 3122.1.

• Classified as a second-degree felony
• Generally up to ten years imprisonment for a second-degree felony
• Generally up to a $25,000 fine
• In accordance with 18 Pa.C.S. § 3124.1

Responding to Protective Order Violation

The specific PFA order controls the restrictions you must follow. Under 23 Pa.C.S. § 6108, relief can address contact, housing, temporary custody or visitation, and firearms. A PFA does not automatically eliminate all child custody or visitation; the court’s findings and the order’s terms matter. Final orders carry statutory firearms restrictions. Review every provision with your attorney and follow the order while seeking any appropriate court relief.

Under 23 Pa.C.S. § 6114, indirect criminal contempt for a PFA violation can carry a $300–$1,000 fine and up to six months of imprisonment, or a $300–$1,000 fine and up to six months of supervised probation. Other relief and separate criminal charges may also apply. If you are accused of a violation, review our PFA order violation information and obtain advice about the allegation and the existing order.

Pennsylvania Domestic Violence Resources

In situations involving domestic violence, accessing relevant resources is vital. Here are a few organizations in Pennsylvania that can provide guidance and support:

• Local Police Department
• AARDVARC – Pennsylvania Division
• PCADV – Pennsylvania Coalition Against Domestic Violence

Consulting a Pittsburgh Domestic Violence Lawyer

If you find yourself facing domestic violence charges, it is crucial to have a dedicated legal professional by your side. At Logue Law Group, our Pittsburgh criminal lawyer is here to offer assistance during this challenging time. Contact us today to schedule a free consultation and take the first step towards resolving your situation.

Discuss Your Situation With Logue Law Group

If you need help with domestic violence allegations, call 412-387-6901, text 412-547-5761 or request a consultation. You can also read about Attorney Sean Logue and explore our Pittsburgh criminal defense overview.