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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 101731
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My boyfriend physically abused me years ago and I see the

Customer Question

My boyfriend physically abused me years ago and I see the same patterns from back then. Yelling cussing and emotionally abusive to me and my son. Can I get a PFA if the.physical abuse was years ago?
Submitted: 4 months ago.
Category: Family Law
Expert:  Ely replied 4 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. The answer is:

1) you cannot base a current PFA request on events that occurred years ago, however,

2) you can base a current PFA on events that are happening now. So if he is yelling at the child, and/or abusing the child, then a PFA is likely to be granted.

Finally if there are custody orders in place, you can file to modify the custody order to limit custody/visitation with the father due to the father's current actions.

I hope this helps and clarifies. Please use the SEND button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of THREE OR MORE STARS and then click FINISH to submit that rating, as this is how experts get credit for our time. Rating my answer the bottom two stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating (it does not cost anything extra to rate).

Customer: replied 4 months ago.
Everything I read online says that I cannot get one if it's only verbal or emotional abuse...even if it's affectino a 10 year old.
Customer: replied 4 months ago.
Also, there is no custody order in place. What rights would he have to see our child. Would he have to get a lawyer to pursue that?
Customer: replied 4 months ago.
If a PFA was granted?
Expert:  Ely replied 4 months ago.

Not quite. A PFA can be granted for:

Placing another in reasonable fear of immediate serious bodily injury, or, Engaging in a course of conduct or repeatedly committing acts toward another person, including following the person, under circumstances which place the person in reasonable fear of bodily injury.

23 Pa.C.S.A. § 6102

If that applies, it can be used as a basis for PFA.

If there is no custody, then either parent can take the child, but also PREVENT the other parent from taking the child. A gray area, in other words.

Gentle Reminder: Please, use SEND button to keep chatting, or RATE THREE OR MORE STARS and click FINISH to submit your rating when we are finished. You may always ask follow ups at no charge after rating.

Expert:  Ely replied 4 months ago.
Hello! I plan to log off soon and am just touching base to see if you still needed an answer and if you could reply to my query. Thanks!