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05/20/2024 07:22 PM
Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20230&cosponId=40152
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House of Representatives
Session of 2023 - 2024 Regular Session

MEMORANDUM

Posted: March 13, 2023 11:32 AM
From: Representative Jim Marshall and Rep. Anita Astorino Kulik
To: All House members
Subject: Protection From Abuse Orders
 
In the near future, we will be introducing a bill designed to ensure that judges in our Commonwealth are able to consider electronic communications, abuse of drugs, excessive alcohol usage and mental abuse in determining whether or not to grant a Protection From Abuse (“PFA”) order. We believe this will allow for a more complete and, ultimately, more fair application of our existing PFA system.

Our bill will expand the definition of abuse to include electronic communications that reasonably place the recipient in fear of bodily injury to them or their family, which is sorely needed with the proliferation of social media and other forms of electronic communication.

Additionally, our bill will add that a judge may consider drug usage and alcohol abuse in deciding whether to grant a PFA order.  This will explicitly allow a Judge to consider the totality of the circumstances.

Lastly, our bill will permit a judge to consider previous mental abuse of a victim or their child in determining whether or not to grant a PFA. This would not change the underlying definition of abuse, but allow for it to be considered in sum with all other factors.

I hope you will consider joining us in supporting this overdue legislation.
 



Introduced as HB796