MacElree Harvey Resources - Pennsylvania's Protection from Abuse Act Strengthened

Family Law Group

Tighter gun-control and other measures added to help prevent domestic violence related murders

In recent years, the use of weapons or firearms in domestic violence cases has been on the rise and there have been too many cases of spouses committing murder and/or murder/suicide with a weapon or firearm. For this reason, effective May 1, 2006, the Pennsylvania legislature has tightened gun control under the Protection from Abuse Act (PFA). This article will outline briefly the significant changes to the existing law.

Understanding the New Law
Previously, judges could only take a gun or weapon away from a defendant in a domestic violence case when the defendant actually harmed or threatened to harm the victim with the weapon. Under the new law, judges in our Commonwealth can order individuals accused of domestic violence to surrender ALL weapons in their possession within 24 hours of the issuance of a Temporary Protection from Abuse Order. After May 1, 2006, it no longer matters whether a defendant made any threats to use a particular weapon against an abuse victim. It matters only that the defendant has a weapon in his or her custody. If he or she does, the weapon must be surrendered.

When a judge orders that all weapons and firearms are to be surrendered by a defendant, the firearms or weapons are to be turned over to a sheriff or a pre-approved third party within the 24-hour timeline. Third parties who take possession of the defendant's weapons would have to obtain a safekeeping permit from the county sheriff. There is no charge for this permit. The new Act also provides procedures relating to the storage of the weapons as well as a notification if the defendant fails to relinquish his or her weapons.

A defendant will not be allowed to retrieve any weapon for the duration of the protection order. The law also outlines punishments if any third party holding the weapon(s) returns them to the defendant without legal authorization to do so. Any third party who returns a weapon to a defendant prior to the expiration of the PFA order would face misdemeanor criminal charges. When the protection order expires, the defendant must follow the proper procedures to retrieve his or her weapons.

In addition to these important changes in the existing PFA law, the following changes are also now effective:

The potential duration of protection orders has been increased from 18 months to three years.

The new Act better defines the terms "firearm" and "weapon." The definition of a "firearm" includes both long and short guns.

Actual physical injury is not required for the entry of a final order but "reasonable fear of imminent bodily injury" must be demonstrated.

Supervised probation may be ordered as a result of an indirect criminal contempt.

The minimum fine has been increased from $100 to $300.

The surcharge paid by defendants subject to protection orders has been increased from $25 to $100.

The Act provides clarification that jurisdiction over a PFA matter is not affected by the plaintiff leaving the residence or the abuser fleeing the Commonwealth of Pennsylvania.

The law codifies jurisdiction of an indirect criminal complaint of a PFA order to include both the court issuing the order and the court with jurisdiction over the location where the violation occurred.

Custody provisions under a PFA order have been strengthened in that the court is to consider the risk of harm not only to the abused but also to the children before awarding custody.

The new Act ensures the jurisdiction of sheriffs to serve and enforce PFA orders.

The law allows a judge to order accusers who seek protective orders based on groundless allegations to pay damages and attorneys' fees to defendants.

For more information on changes to Pennsylvania's Protection from Abuse Act, contact your MacElree Harvey legal representative.

MacElree Harvey
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West Chester, PA 19381–0660
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The following article is informational only and not intended as legal advice.
Speak with a licensed attorney about your own specific situation.
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At a glance
NEW LAW BENEFITS VICTIMS OF DOMESTIC VIOLENCE

Recent changes to Pennsylvania's Protection from Abuse Act (PFA) will allow judges to order individuals accused of domestic violence to surrender all weapons in their possession within 24 hours of the issuance of a Temporary Protection from Abuse Order.

A defendant will not be allowed to retrieve any weapon, kept by a pre-approved third party, for the duration of the protection order.

Other changes include an increase in the potential duration of protection orders from 18 months to three years, a broader definition of "firearm" and "weapon," a change in the requirements for a protection order, and more.