In the near future, I intend to introduce legislation that will allow a victim to seek a Protection from Abuse (“PFA”) order if the defendant engages in a court of conduct, including following the person, that causes substantial emotional distress to the victim. Specifically, my bill will amend the definition of abuse under Pennsylvania’s Protection from Abuse Act to mirror language in Pennsylvania’s stalking statute at 18 Pa.C.S.A. 2709.1.
Under current law, abuse under the PFA act consists of the defendant intentionally causing bodily injury or committing a crime such as rape or aggravated assault to the victim or placing the victim in reasonable fear of imminent serious bodily injury. Abuse also occurs if the defendant knowingly engages in a court of conduct or repeatedly commits acts towards the victim, including following them, under circumstances which place the victim in reasonable fear of bodily injury. However, if this same conduct causes the victim substantial emotional distress rather than reasonable fear of bodily injury, the victim is unable to obtain a PFA. This is inconsistent with our stalking statute which allows a person to be charged with that crime if they engage in repeated conduct that places the victim in reasonable fear of bodily injury or causes substantial emotional distress.
My bill will remedy this inconsistency and amend the definition of abuse to allow victims to obtain a PFA when a defendant engages in a course of conduct, including following them, that causes them substantial emotional distress. We have seen the number of PFAs filed in Pennsylvania continue to rise each year, showing that victims of abuse are using any tool available to stay safe. We need to make sure the PFA is worth more than the paper it’s printed on. This concerning trend only underscores that we must do more to ensure the protection and safety of victims of domestic violence.
Please join me in cosponsoring this important legislation.
Statutes/Laws affected: Printer's No. 1668 (May 08, 2025): 23-6102(a)