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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 116153
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I am finishing the brief appeal to the Superior Court in

Customer Question

Hello,
I am finishing the brief for my appeal to the Superior Court in Pennsylvania in regards ***** ***** Protection From Abuse Order.
I have the below questions.
Thank you.
LeeAny comment or corrections in regards ***** ***** Statement of Questions Involved?STATEMENT OF QUESTIONS INVOLVED
1. Did the Trial Court abuse its discretion and act in a manifestly unreasonable manner by entering a three year Final Protection From Abuse Order against the Appellant? The Trial Court did not address the question of whether or not its decision to enter a three year Final Protection From Abuse Order against the Appellant was an Abuse of Discretion and manifestly unreasonable.
2. Did the Trial Court abuse its discretion and act in a manifestly unreasonable manner by granting the Appellee Relief in the form of a three year Final Protection From Abuse Order, when the only specific instance of Abuse that was found by the Trial Court was an alleged incident over seven years old and thereby the Final Protection From Abuse Order could not have the purpose of ceasing abuse as is demanded by 23 Pa. C.S.A. § 6108(a), as no abuse was found by the court as having taken place for over seven years? The Trial Court did not address the question of whether its granting of “Relief” in the form of a three year Final Protection From Abuse Order for an alleged incident over seven years old was an abuse of discretion as § 6108(a) requires that a Protection From Abuse Order may only be issued to cease abuse.
3. Did the Trial Court abuse its discretion and act in a manifestly unreasonable manner by entering into a three year Final Protection From Abuse Order against the Appellant as Relief for an alleged incident that occurred over seven years ago and therefore cannot be an instance in which the Trial Court is reasonably providing advance prevention of physical or sexual abuse? The Trial Court did not address if basing a three year Final Protection From Abuse Order is an abuse of discretion when the alleged incident occurred over seven years ago and therefore cannot be an instance in which the Trial Court is providing advance prevention of physical or sexual abuse.
4. Did the Trial Court abuse its discretion and act in a manifestly unreasonable manner by finding that there was a continued pattern of behavior by the Appellant that demonstrated a continued risk to both Ms. Brush and the parties’ daughter based on unspecified evidence presented to the Court during the hearing on June 8, 2015, when a review of the transcript of June 8, 2015 does not reasonably show that there is a continued pattern of behavior that demonstrates a continued risk to the Appellee or the parties’ daughter? The Trial Court did not specifically address how the Appellant’s continued behavior demonstrates that his ongoing behavior demonstrates a continued risk to the Appellee or the parties’ daughter.
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
See below suggestions in all CAPS:
3. Did the Trial Court abuse its discretion and act in a manifestly unjust manner by entering into a three year Final Protection From Abuse Order against the Appellant as Relief for an alleged incident that occurred over seven years ago and therefore cannot be an instance in which the Trial Court is reasonably providing advance prevention of physical or sexual abuse? The Trial Court did not address if basing a three year Final Protection From Abuse Order is an abuse of discretion when the alleged incident occurred over seven years ago WITHOUT ANY OTHER INCIDENT SINCE THAT TIME and therefore cannot be an instance in which the Trial Court is providing advance prevention of physical or sexual abuse.
The remainder of the issues are fine as stated. Only minor changes.
Customer: replied 1 year ago.
There was an incident on November 1, 2008 in which I was attacked by my ex-wife (we were living together at the time), and I pushed her away from me once to stop her from knocking out my front teeth (my ex-wife was intentionally putting pressure against my upper front teeth which had previously been badly damaged in a car accident and in spite of a great deal of dental work are fragile). I was arrested, but was not convicted and the charges were dropped by the District Attorney in the interest of justice. The Judge in his opinion did not find that the November 1, 2008 incident was an incident in which I had committed 'abuse', as such, how do you think I should word question number 3? It should be noted that there were no other physical interactions between the ex and I since the incident of 11-1-2008 and in the opinion written by the judge, he mentioned no other incidents of abuse, other than the alleged incidents of 2007.Perhaps I could state WITHOUT HAVING FOUND THAT ANY OTHER INCIDENT OF ABUSE HAD TAKEN PLACE SINCE THAT TIME.
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

They need to have current proof of abuse, that case is too old and that is your argument in your brief, since no other incidents have occurred since.