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Hello,I am finishing my brief...
Hello,I am finishing my brief for an appeal with the Superior Court in Pennsylvania in regards ***** ***** Protection From Abuse Order.Thank you.LeeAre my citations correct? I really don’t understand what all the numbers and nonsense means. Do my citations line up with the text that I quoted?In ordering a three year Protection From Abuse Order against the Appellant, the Trial Court committed an abuse of discretion. In Commonwealth v. Widmer, 560 Pa. 308, 322, 744 A.2d 745, 753 (2000), The Pennsylvania Supreme Court defined “abuse of discretion” in the following way: The term ‘discretion’ imports the exercise of judgment, wisdom and skill so as to reach a dispassionate conclusion, within the framework of the law, and is not exercised for the purpose of giving effect to the will of the judge.  Discretion must be exercised on the foundation of reason, as opposed to prejudice, personal motivations, caprice or arbitrary actions.   Discretion is abused when the course pursued represents not merely an error of judgment, but where the judgment is manifestly unreasonable or where the law is not applied or where the record shows that the action is a result of partiality, prejudice, bias or ill will.Id. at 322, 744 A.2d at 753 (quoting Coker v. S.M. Flickinger Co., Inc., 533 Pa. 441, 447, 625 A.2d 1181, 1184-85 (1993)).The Protection From Abuse Act was not, nor was meant to be, a statute penalizing past criminal conduct. Rather, the primary goal of the Act was therefore not retrospective punishment, but rather "[a]dvance prevention of physical and sexual abuse." Commonwealth v. Allen, 506 Pa. 500, 515, 486 A.2d 363, 370 (1984).In a Protection From Abuse Action, the appellate court may conduct a de novo (plenary) review of the trial court's legal conclusions for an error of law or an abuse of discretion.  Lawrence v. Bordner, 907 A.2d 1109, 1112 (Pa.Super.2006).
Submitted: 2 years ago.Category: Family Law
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2/19/2016
Family Lawyer: Law Educator, Esq., Lawyer replied 2 years ago
Law Educator, Esq.
Category: Family Law
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Yes, your citations are correct. Let me break down the citation for you. Commonwealth v. Widmer, 560 Pa. 308, 322, 744 A.2d 745, 753 (2000), for example:
Commonwealth v. Widmer - case name
560 Pa. 308 - this is the PA Supreme Court report book, volume 560, page 308.
744 A.2d 745 - This is the Atlantic Court re*****, *****e thing volume 744 and page 745 is where the case starts.
753 - this is called a pinpoint cite, meaning the quote comes from that specific page in the case.
Id, 744, that means that the quote of the issue you typed comes from the same case that you just cited immediately prior to this one and at that page.
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