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  1. #1
    Join Date
    Nov 2014
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    Default Legal Standards Question on HB2060

    What is the standard of proof that would support the issuance of a PFA? Is that standard the same for converting a temporary PFA to a permanent order? How do those standards compare to the legal standard which would support the issuance of a search warrant in Pennsylvania?

  2. #2
    Join Date
    May 2007
    Location
    Chambersburg, Pennsylvania
    (Franklin County)
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    Default Re: Legal Standards Question on HB2060

    Quote Originally Posted by Wilderness 1864 View Post
    What is the standard of proof that would support the issuance of a PFA?
    "Your honor, I'm scared he's going to hurt me"

  3. #3
    Join Date
    Aug 2009
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    bloomsburg, Pennsylvania
    (Columbia County)
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    Default Re: Legal Standards Question on HB2060

    Quote Originally Posted by Wilderness 1864 View Post
    What is the standard of proof that would support the issuance of a PFA? Is that standard the same for converting a temporary PFA to a permanent order? How do those standards compare to the legal standard which would support the issuance of a search warrant in Pennsylvania?
    It's all up to a judge.

  4. #4
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    Default Re: Legal Standards Question on HB2060

    This could all prove to be interesting. If a PFA can be issued with lesser standard than that required for a search warrant, I am curious about the result if a police officer enters a home to verify or enforce compliance with the 24-hour rule, or to seize firearms and stumbles upon evidence of other criminal activity (i.e. possible marijuana ash or leaves in an ashtray, possible stolen property,). Can those other crimes be prosecuted based on what the officer observes or seizes even though he had no warrant?

    Normally, police have to have enough evidence to obtain a warrant to search for drugs or possession of stolen property. If the standard for the PFA is less than a standard to support the issuance of a warrant, then it seems that the 4th amendment can be compromised.

    In a more extreme case, what if the PFA is proven to have been groundless? Can a DA prosecute the other unrelated crimes based on police entrance into the premises based on a groundless PFA? If the PFA is groundless, can a person still be prosecuted for violating the 24 hour rule?

    None of this has happened yet, but when I see due process rights being denied, I speculate about other consequences that might flow from that denial.

  5. #5
    Join Date
    Dec 2006
    Location
    Bucks, Pennsylvania
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    Default Re: Legal Standards Question on HB2060

    No judge wants to be the person who denied a PFA to a woman who is later killed by the subject of the PFA.

    The price a judge would pay for that is much greater than the price for granting a baseless order, so most requests are going to be granted if the woman (usually it's a woman) articulates anything even close to a basis.

    It's not really about due process, it's political.
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
    Ungawa's M16A1 is for sale, see the NFA ads! http://forum.pafoa.org/showthread.ph...06#post3835606

  6. #6
    Join Date
    Nov 2010
    Location
    King of Prussia, Pennsylvania
    (Montgomery County)
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    Default Re: Legal Standards Question on HB2060

    who can have a PFA done? is it limited to family members, friends, co-workers...

  7. #7
    Join Date
    Feb 2010
    Location
    Levittown, Pennsylvania
    (Bucks County)
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    Default Re: Legal Standards Question on HB2060

    A woman is to be believed. Learned that watching the Kavanaugh hearings.

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