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Domestic Violence Attorneys in Berks County, PA

If you were arrested for Domestic Violence in Berks County then contact an experienced criminal defense attorney at Alva & Moscow, LLC. We represent clients throughout Berks County including the larger Philadelphia-Reading-Camden area. We represent clients in domestic violence cases throughout Berks County in Reading, West Reading, Wyomissing, Cumru, Exeter, Sinking Spring, Kutztown, Birdsboro, Muhlenberg, and Boyertown.

The Berks County District Attorney’s Office has a specialized unit for Domestic Violence cases. In that unit, specially trained prosecutors, law enforcement officers and detectives do nothing but investigate and prosecute these complicated cases. Domestic violence charges can include simple assault, aggravated assault, harassment, aggravated harassment, terroristic threats, stalking, neglect of a care-dependent person, unauthorized administration of intoxicant, and recklessly endangering another person.

If you are charged with a domestic violence crime, then you also need an attorney focused on defending individuals against these type of charges. Call (215) 665-1695 to talk with our criminal defense attorneys for Berks County about the unique facts of your case.

Special Rules After a Domestic Violence Arrest in Pennsylvania

Under Section 2711, a law enforcement officer can make a probable cause arrest in domestic violence cases for 2701 (relating to simple assault), 2702(a)(3), (4) and (5) (relating to aggravated assault), 2705 (relating to recklessly endangering another person), 2706 (relating to terroristic threats) or 2709.1 (relating to stalking) against a family or household member although the offense did not take place in the presence of the police officer.

In order to make the arrest under this section the officer must first observe recent physical injury to the victim or other corroborative evidence.

A defendant arrested for domestic violence is entitled to a preliminary arraignment. The arresting officer is not allowed to release him or her from custody before the preliminary arraignment. At the hearing, the court determines whether to set bond and the amount. The court will also determine whether to make it a condition of bail to prevent the defendant from entering the residence or household of the alleged victim and the alleged victim's place of employment. The court will also set a special condition that the defendant will refrain from committing any further criminal conduct against the alleged victim.

If the defendant violates the bail conditions then it could result in a revocation of pretrial release, forfeiture of bail, or the issuance of a bench warrant.

The arresting officer must also notify the alleged victim of certain rights. The notice shall include the following statement: "If you are the victim of domestic violence, you have the right to go to court and file a petition requesting an order for protection from domestic abuse pursuant to 23 Pa.C.S. Ch. 61 (relating to protection from abuse) which could include the following:

An order restraining the abuser from further acts of abuse.
An order directing the abuser to leave your household.
An order preventing the abuser from entering your residence, school, business or place of employment.
An order awarding you or the other parent temporary custody of or temporary visitation with your child or children.
An order directing the abuser to pay support to you and the minor children if the abuser has a legal obligation to do so."

Definition of Domestic Violence under Pennsylvania Law

The laws in Pennsylvania define the term “domestic violence” to include a pattern of physical, sexual, or emotionally abusive behaviors used by one individual to assert power or maintain control over another individual. To be considered “domestically” related, the persons involved in the incident must be related in one of the following ways:

related by blood or marriage;
residing or living together as a family (or formerly lived together as a family);
individuals who have a child together; or
current or former sexual or intimate partners.

Representing Both Men and Women for Domestic Violence

The criminal defense attorneys at Alva & Moscow, LLC represent both men and women charged with domestic violence. When law enforcement is called out to investigate a fight between a man and a woman, the statistics show that it is the man that is arrested for domestic violence in a vast majority of the cases. In fact, recent statistics on domestic violence show that approximately 95% of assaults on spouses or ex-spouses are committed by men against women. (US Department of Justice, 1991).

Many of the clients that we represent for domestic violence are professionals with careers that are jeopardized by the accusation even if the charges are ultimately dropped. We represent nurses and health care professionals, lawyers and law school students, teachers and certified educators, law enforcement officers and employees in law enforcement agencies, and members of the military.

Domestic violence accusations are particularly serious for individuals that undergo background checks for employment or require a special security clearance. The District Attorney’s Office points out that domestic violence knows no economic, race, religious or geographic boundaries.

What if the Complaining Witness Doesn’t Want to Prosecute?

In many of these cases the alleged victim or complaining witness does not want to prosecute. If you are charged with domestic violence, you should never talk with the alleged victim about the allegations. It is best to live separate from the alleged victim until the charges are resolved.

Your criminal defense attorney is often in the best position to investigate the allegations and gather favorable evidence. Your attorney is allowed to contact the alleged victim about the allegations and uncover evidence that will help your case. For this reason, it is particularly important to seek out the services of an experienced criminal defense lawyer for this type of case.

Additional Resources

Berks County Domestic Violence Unit – In 1998, the Berks County District Attorney’s Office for the Domestic Violence Unit as part of a grant initiative. Prosecutors and detectives receive special training to work in this division.

Berks Women in Crisis – Find out more information on domestic violence shelters and the legal and counseling services that they provide to the alleged victim after an allegation of domestic violence is made. The organization provides a safe haven and ongoing support system for victims of domestic violence and sexual assault. Find information on statistics and the temporary protection from abuse (TPFA) process and the Final Protection from Abuse (PFA) process.

Pennsylvania Coalition Against Domestic Violence -The Pennsylvania Coalition Against Domestic Violence (PCADV) has community based programs and a statewide office to help domestic violence victims and their children. The coalition works to influence policies and laws that affect victims of domestic violence.

Finding a Domestic Violence Attorney in Berks County, PA

After an arrest for any offense involving an allegation of domestic violence, call a criminal defense attorney at Alva & Moscow, LLC. We represent clients charged with domestic violence offenses such as simple assault, aggravated assault, harassment, aggravated harassment, terroristic threats, stalking, neglect of a care-dependent person, unauthorized administration of intoxicant, and recklessly endangering another person. Call (215) 665-1695 for a free consultation.