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Help through criminal proceedings

In recent years, domestic violence has been increasingly prosecuted as a crime. Crimes are defined and listed in the Pennsylvania Crimes Code from the least severe, which are summary offenses, to misdemeanors and felony offenses, which are among the most severe.

When a crime is committed, it is deemed to be a wrong against society. A criminal complaint is filed, and the perpetrator is arrested. A District Justice then arraigns the perpetrator. Bail may be set, and a preliminary hearing is scheduled. The purpose of the preliminary hearing is to determine if there is sufficient evidence for trial and if the proper charges were filed. At this point, the victim is summoned by the court to act as a witness for the Commonwealth.

A Woman's Place provides support and court accompaniment through the criminal process. An advocate may attend the preliminary hearing. An AWP advocate also offers support through the trial.

When does an abusive incident become criminal?

This occurs when the Commonwealth determines that there is probable cause and can prove beyond a reasonable doubt that a crime was committed.

If it becomes a criminal case, do I need a lawyer?

No. An assistant district attorney will prosecute on behalf of the Commonwealth. There is no fee.

If the Defendant is arrested and pays bail, will I know when he/she is released from jail?

If you fill out the Bucks County Prison Release Notification Program form, you will be notified when the Defendant is released from prison. This form is available from the arresting police officer, district attorney's victim assistance staff, and LADA. You may also call the Records Office at the prison on your own to find out if he/she has been released from jail.

What is a preliminary hearing and do I have to go?

A preliminary hearing takes place at the District Justice office. The Commonwealth has the burden of presenting prima facie (preliminary) evidence that a crime has been committed and that the Defendant is responsible. The victim must appear at the preliminary hearing. The prosecutor may or may not appear at the preliminary hearing. If the prosecutor does not appear, and if the police arrested and charged the Defendant, then the arresting officer will usually present the case. If the charges are upheld, the case will be listed with the Court of Common Pleas.

What is the Victim Impact Statement?

The Victim Impact Statement is a statement that you prepare to express to the Judge how you have been affected by the incident. At the time of sentencing, you may present your Victim Impact Statement to the Judge.