PROTECTION FROM ABUSE ACT - REPEALED — 1976 Pa. Act 218 (historical enacted text)

Historical Act text

PRIOR PRINTER'S NO. 1491 PRINTER'S NO. 2038
INTRODUCED BY HILL, HOWARD AND MYERS, DECEMBER 10, 1975
SENATOR HILL, JUDICIARY, AS AMENDED, JUNE 14, 1976
AN ACT
1 Relating to abuse of adults and children by a person who resides
2 with them; and providing for remedies and procedures.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short Title.--This act shall be known and may be
6 cited as the "Protection From Abuse Act."
7 Section 2. Definitions.--As used in this act: <--
8 "Abuse" means to engage in conduct against one or more
9 persons with whom one resides in which one or more of the
10 following has occurred:
11 (i) Maliciously striking or attempting to strike a person
12 with whom one resides.
13 (ii) Threatening physical harm with a weapon against a
14 person with whom one resides.
15 (iii) Threatening physical harm against a person with whom
16 one resides by gesture or with words in such a manner as to
17 cause the person threatened reasonably to fear for his or her
18 physical well-being.
1 (iv) Recklessly endangering the physical well-being of a
2 person with whom one resides.
3 (v) To engage in emotionally destructive behavior.
4 "Court" means the court of common pleas of any county.
5 "Emotionally destructive behavior" means:
6 (i) habitual inebriety;
7 (ii) drug abuse;
8 (iii) improper sexual advance towards, improper sexual
9 assaults upon, or improper sexual contact with minor children
10 with whom one resides; when such conduct endangers or tends to
11 endanger the emotional well-being of any person with whom one
12 resides; or
13 (iv) any course of conduct that endangers or tends to
14 endanger the emotional well-being of any person with whom one
15 resides.
16 "Resides" means not only dwells permanently at the time at
17 which a petition is brought under this act, but also to have
18 recently dwelled permanently, having left the premises as a
19 result of the actions of the respondent complained of in the
20 petition.
21 Section 3. Jurisdiction.--The court shall have jurisdiction
22 over all proceedings in which an adult is alleged to be or to
23 have been abusive to another adult or minor child or children
24 with whom the respondent resides.
25 Section 4. Commencement of Proceedings.--Any person who
26 resides with respondent, may petition the court seeking relief
27 in cases in which the well-being of the petitioner or any other
28 person residing in the household is endangered, on the basis of
29 abuse or emotionally destructive behavior by the respondent.
30 Section 5. Venue.--A proceeding under this act may be
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1 commenced in the county in which the acts referred to in the
2 petition allegedly occurred or in which the parties reside.
3 Section 6. Subpoenas.--Upon application of any party to the
4 proceedings, the court shall issue subpoenas requiring
5 attendance and testimony of witnesses and production of papers
6 at any hearing under this act.
7 Section 7. Hearings.--(a) After the petition has been filed,
8 the court, upon notice to the other party, shall schedule a
9 hearing within five days.
10 (b) The court may enter such temporary orders as it deems
11 necessary to maintain the status of the parties or to protect
12 the safety of the petitioner or any minor child, upon good cause
13 shown based upon affidavit filed or sworn testimony, without a
14 hearing. If such preliminary and temporary relief is granted
15 without a hearing, the court shall schedule a hearing within
16 five days thereafter.
17 (c) All hearings shall be recorded.
18 (d) Should any hearing be continued, the court may make any
19 temporary order it deems necessary to maintain the status of the
20 parties, to protect the safety of any person therein involved,
21 or to render a separation of the parties during the period of
22 the continuance.
23 (e) The petitioning party must prove the allegations of the
24 petition by clear and convincing evidence.
25 (f) The court shall advise the respondent of a right to be
26 represented by counsel of respondent's choosing and to have a
27 continuance to secure counsel.
28 Section 8. Relief.--(a) For good cause shown, the court
29 shall be empowered to grant any form of equitable relief
30 necessary and proper to safeguard the physical health or safety
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1 or the emotional well-being of all adults or any children
2 residing with them including:
3 (1) Granting exclusive possession of the premises to any
4 adult, by eviction from, or restoration to, the premises whether
5 or not such premises are owned by the entireties, jointly owned,
6 or jointly leased.
7 (2) Granting exclusive possession of the premises to any
8 adult, by eviction from, or restoration to, the premises owned
9 or leased solely by the excluded party if such party has a duty
10 to support the other adults or any child remaining in that
11 adult's custody.
12 (3) Ordering the respondent to restrain from physically
13 striking, or from threatening to physically harm by instrument,
14 gesture, or words the other adults or children.
15 (4) Award custody of or establish visitation with regard to
16 any children residing in the household.
17 (b) Any relief granted shall be for such period of time as
18 the court deems necessary.
19 (c) The court may amend its order from time to time upon the
20 petition of either party.
21 (d) No order shall in any manner affect title to any real
22 estate of any party. Should the excluded party have exclusive
23 title to the residence from which he or she is evicted, that
24 person shall be prohibited from bringing any legal or equitable
25 action designed to give him or her possession of the premises
26 for the duration of the court's order.
27 (e) The remedies provided herein are cumulative and are in
28 addition to and may be employed concurrently with other remedies
29 provided in law or in equity.
30 SECTION 2. DEFINITIONS.--AS USED IN THIS ACT: <--
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1 "ABUSE" MEANS THE OCCURRENCE OF ONE OR MORE OF THE FOLLOWING
2 ACTS BETWEEN FAMILY OR HOUSEHOLD MEMBERS WHO RESIDE TOGETHER:
3 (I) ATTEMPTING TO CAUSE OR INTENTIONALLY, KNOWINGLY OR
4 RECKLESSLY CAUSING BODILY INJURY OR SERIOUS BODILY INJURY WITH
5 OR WITHOUT A DEADLY WEAPON.
6 (II) PLACING BY PHYSICAL MENACE ANOTHER IN FEAR OF IMMINENT
7 SERIOUS BODILY INJURY.
8 (III) SEXUALLY ABUSING MINOR CHILDREN AS DEFINED PURSUANT TO
9 THE ACT OF NOVEMBER 26, 1975 (NO.124), KNOWN AS THE "CHILD
10 PROTECTIVE SERVICES LAW."
11 "ADULT" MEANS ANY PERSON 18 YEARS OF AGE OR OLDER.
12 "COURT" SHALL MEAN THE COURT OF COMMON PLEAS.
13 "FAMILY OR HOUSEHOLD MEMBERS" MEANS SPOUSES, PERSONS LIVING
14 AS SPOUSES, PARENTS AND CHILDREN, OR OTHER PERSONS RELATED BY
15 CONSANGUINITY OR AFFINITY.
16 TERMS NOT OTHERWISE DEFINED BY THIS ACT SHALL HAVE THE
17 MEANING GIVEN TO THEM BY THE CRIMES CODE.
18 SECTION 3. JURISDICTION.--THE COURT SHALL HAVE JURISDICTION
19 OVER ALL PROCEEDINGS UNDER THIS ACT. THE PLAINTIFF'S RIGHT TO
20 RELIEF UNDER THIS ACT SHALL NOT BE AFFECTED BY HIS OR HER
21 LEAVING THE RESIDENCE OR HOUSEHOLD TO AVOID FURTHER ABUSE.
22 SECTION 4. COMMENCEMENT OF PROCEEDING.--A PERSON MAY SEEK
23 RELIEF UNDER THIS ACT FOR HIMSELF OR HERSELF, OR ANY PARENT OR
24 ADULT HOUSEHOLD MEMBER MAY SEEK RELIEF UNDER THIS ACT ON BEHALF
25 OF MINOR CHILDREN BY FILING A PETITION WITH THE COURT ALLEGING
26 ABUSE BY THE DEFENDANT.
27 SECTION 5. HEARINGS.--(A) WITHIN TEN DAYS OF THE FILING OF A
28 PETITION UNDER THIS ACT A HEARING SHALL BE HELD AT WHICH THE
29 PLAINTIFF MUST PROVE THE ALLEGATION OF ABUSE BY A PREPONDERANCE
30 OF THE EVIDENCE. THE COURT SHALL ADVISE THE DEFENDANT OF HIS
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1 RIGHT TO BE REPRESENTED BY COUNSEL.
2 (B) THE COURT MAY ENTER SUCH TEMPORARY ORDERS AS IT DEEMS
3 NECESSARY TO PROTECT THE PLAINTIFF OR MINOR CHILDREN FROM ABUSE,
4 UPON GOOD CAUSE SHOWN IN AN EX PARTE PROCEEDING. IMMEDIATE AND
5 PRESENT DANGER OF ABUSE TO THE PLAINTIFF OR MINOR CHILDREN SHALL
6 CONSTITUTE GOOD CAUSE FOR PURPOSES OF THIS SECTION.
7 (C) IF A HEARING UNDER SUBSECTION (A) IS CONTINUED, THE
8 COURT MAY MAKE OR EXTEND SUCH TEMPORARY ORDERS UNDER SUBSECTION
9 (B) AS IT DEEMS NECESSARY.
10 SECTION 6. RELIEF.--(A) THE COURT SHALL BE EMPOWERED TO
11 GRANT ANY PROTECTION ORDER OR APPROVE ANY CONSENT AGREEMENT TO
12 BRING ABOUT A CESSATION OF ABUSE OF THE PLAINTIFF OR MINOR
13 CHILDREN, WHICH MAY INCLUDE:
14 (1) DIRECTING THE DEFENDANT TO REFRAIN FROM ABUSING THE
15 PLAINTIFF OR MINOR CHILDREN.
16 (2) GRANTING POSSESSION TO THE PLAINTIFF OF THE RESIDENCE OR
17 HOUSEHOLD TO THE EXCLUSION OF THE DEFENDANT BY EVICTING THE
18 DEFENDANT AND/OR RESTORING POSSESSION TO THE PLAINTIFF WHEN THE
19 RESIDENCE OR HOUSEHOLD IS JOINTLY OWNED OR LEASED BY THE
20 PARTIES.
21 (3) WHEN THE DEFENDANT HAS A DUTY TO SUPPORT THE PLAINTIFF
22 OR MINOR CHILDREN LIVING IN THE RESIDENCE OR HOUSEHOLD AND THE
23 DEFENDANT IS THE SOLE OWNER OR LESSEE, GRANTING POSSESSION TO
24 THE PLAINTIFF OF THE RESIDENCE OR HOUSEHOLD TO THE EXCLUSION OF
25 THE DEFENDANT BY EVICTING THE DEFENDANT AND/OR RESTORING
26 POSSESSION TO THE PLAINTIFF, OR BY CONSENT AGREEMENT ALLOWING
27 THE DEFENDANT TO PROVIDE SUITABLE, ALTERNATE HOUSING.
28 (4) AWARDING TEMPORARY CUSTODY OF AND/OR ESTABLISHING
29 TEMPORARY VISITATION RIGHTS WITH REGARD TO MINOR CHILDREN.
30 (B) ANY PROTECTION ORDER OR APPROVED CONSENT AGREEMENT SHALL
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1 BE FOR A FIXED PERIOD OF TIME NOT TO EXCEED ONE YEAR. THE COURT
2 MAY AMEND ITS ORDER OR AGREEMENT AT ANY TIME UPON SUBSEQUENT
3 PETITION FILED BY EITHER PARTY.
4 (C) NO ORDER OR AGREEMENT UNDER THIS ACT SHALL IN ANY MANNER
5 AFFECT TITLE TO ANY REAL PROPERTY.
6 SECTION 7. NOTIFICATION.--A COPY OF ANY ORDER UNDER THIS ACT
7 SHALL BE ISSUED TO THE PLAINTIFF, THE DEFENDANT AND THE POLICE
8 DEPARTMENT WITH APPROPRIATE JURISDICTION TO ENFORCE THE ORDER OR
9 AGREEMENT.
10 SECTION 8. EMERGENCY RELIEF.--(A) WHEN THE COURT IS
11 UNAVAILABLE FROM THE CLOSE OF BUSINESS AT THE END OF THE WEEK TO
12 THE RESUMPTION OF BUSINESS AT THE BEGINNING OF THE WEEK A
13 PETITION MAY BE FILED BEFORE A DISTRICT JUSTICE WHO MAY GRANT
14 RELIEF IN ACCORDANCE WITH SECTION 6(A),(2) OR (3) IF THE
15 DISTRICT JUSTICE DEEMS IT NECESSARY TO PROTECT THE PLAINTIFF OR
16 MINOR CHILDREN FROM ABUSE, UPON GOOD CAUSE SHOWN IN AN EX PARTE
17 PROCEEDING. IMMEDIATE AND PRESENT DANGER OF ABUSE TO THE
18 PLAINTIFF OR MINOR CHILDREN SHALL CONSTITUTE GOOD CAUSE FOR
19 PURPOSES OF THIS SECTION.
20 (B) ANY ORDER ISSUED UNDER SUBSECTION (A) SHALL EXPIRE AS OF
21 THE RESUMPTION OF BUSINESS OF THE COURT AT THE BEGINNING OF THE
22 WEEK OR WITHIN 72 HOURS, WHICHEVER OCCURS SOONER; AT WHICH TIME,
23 THE PLAINTIFF MAY SEEK A TEMPORARY ORDER FROM THE COURT.
24 (C) ANY ORDER ISSUED UNDER THIS SECTION AND ANY
25 DOCUMENTATION IN SUPPORT THEREOF SHALL BE IMMEDIATELY CERTIFIED
26 TO THE COURT. SUCH CERTIFICATION TO THE COURT SHALL HAVE THE
27 EFFECT OF COMMENCING PROCEEDINGS UNDER SECTION 4 AND INVOKING
28 THE OTHER PROVISIONS OF THIS ACT.
29 SECTION 9. PROCEDURE.--ANY PROCEEDING UNDER THIS ACT SHALL
30 BE IN ACCORDANCE WITH THE RULES OF CIVIL PROCEDURE AND SHALL BE
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1 IN ADDITION TO ANY OTHER AVAILABLE CIVIL OR CRIMINAL REMEDIES.
2 SECTION 10. CONTEMPT.--UPON VIOLATION OF A PROTECTION ORDER
3 OR A COURT APPROVED CONSENT AGREEMENT THE COURT MAY HOLD THE
4 DEFENDANT IN CONTEMPT AND PUNISH HIM IN ACCORDANCE WITH LAW.
5 Section 9 11. Effective Date.--This act shall take effect in <--
6 60 days.
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