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Senate Co-Sponsorship Memoranda
Senate of Pennsylvania
Session of 2015 - 2016
Regular Session
MEMORANDUM
| Posted: | October 4, 2016 11:04 AM |
|---|---|
| From: | Senator Shirley M. Kitchen |
| To: | All Senate members |
| Subject: | Amending the Protection from Abuse provisions and increasing fines |
| In the near future, I plan to introduce a bill amending Title 23 to allow minors, legal guardians, household members, or a designated friend to file protection from abuse petitions on behalf of a victim. October is Domestic Violence Awareness Month and this is an effort to combat domestic violence in the Commonwealth. This bill was developed with input from the Pennsylvania Coalition Against Domestic Violence. Domestic violence continues to plague our communities. Last year, the 60 community centers providing services throughout the Commonwealth assisted more than 89,000 victims of domestic violence. States, such as Michigan and West Virginia, allow for guardians, household members or friends to file on behalf of victims. Eligibility to file a protection from abuse order This bill amends Title 23 to allow for a parent, legal guardian or next friend to file a petition from abuse (PFA) on behalf of a minor. In addition, it also allows for a parent, adult household member or next friend to file for a PFA on behalf of an adult in certain circumstances. A next friend would be defined as an individual 18 or older who is chosen by the victim of abuse to pursue the victim’s stated interest. For a minor who is applying for a PFA on their own, the court will have discretion in deciding whether or not allowing the petition is in the best interest of the child. If a minor is granted a PFA without the assistance of a legal guardian and said petition is granted, the court shall notify the legal guardian. Protection from abuse processes The bill requires that a temporary order occur within 24 hours if the victim alleges immediate and present danger of abuse. The bill would prohibit evidence of a victim’s past sexual conduct from being admissible as evidence in PFA proceedings. Additionally, the bill would extend the prohibited contact to electronic means, such as e-mail or text messages. Finally, the bill would increase the contempt fines for violating a PFA. I hope that you will join me in sponsoring this legislation. |
Introduced as SB1393