Amend Pennsylvania Law to Allow Next-of-Kin to File Protection from Abuse Petitions
Amend Pennsylvania Law to Allow Next-of-Kin to File Protection from Abuse Petitions
The Issue
My name is Jerome Binz, and my daughter Lacey became the victim of violent domestic abuse in early July 2022. She suffered major injuries and had to be transported via Life Flight to a hospital that could handle the severity of her trauma. She underwent multiple life-saving surgeries and was admitted to the hospital for a total of 20 days. At the time of the attack, her son Benjamin, my grandson, was only four months old. He requires special care because of his Down’s Syndrome, and my wife and I took him home with us and promised to do everything in our power to keep him safe and protect him.
After calls to an attorney, CYS, and domestic violence specialists, we were told we could not file a Protection From Abuse order (also known as a restraining order) against the perpetrator of this attack, as we had no “legal claim” over Benjamin. My daughter could not file the paperwork herself, as she was in the hospital and under heavy sedation while she recovered. We were also told that if the attacker arrived at our home with a lawyer or law enforcement, we would be forced to hand over our grandson into his custody because he is Benjamin’s biological father, and because his court proceedings have yet to be completed.
Our PFA system needs to be fixed. During this extremely difficult time we have had no legal recourse or options to protect our family from further harm at the hands of my daughter’s abuser. Furthermore, we know that this is not an isolated issue. Women are forced to leave their children in dangerous situations every day because of legal loopholes that protect abusers and disregard victims. It is time we amend our laws surrounding the issuance of PFAs to better protect the vulnerable. We propose the following amendment to the Pennsylvania law, Chapter 61:
CHAPTER 61 PROTECTION FROM ABUSE - §6115
Reporting Abuse and Immunity
Proposed Amended to §6115 – Amendment (d)
(d) In the event of hospitalization or debilitating medication condition(s) as a result of abuse and when the adult victim is unable to present to the Court and file the appropriate Protection from Abuse petition, the next-of-kin (i.e., parents, siblings of victim) can present said Petition to the Court on behalf of the victim with supporting documentation of the victim’s medical condition (i.e. police report and/or medical records/certification of condition) to secure temporary Protection from Abuse Order of Court. The Order can bar contact with minor children and family members of said victim until such time as the victim can present before the Court on their own behalf or until the Judge has information sufficient to review and/or change the temporary Protection from Abuse Order.
My family and I urge you to sign this petition so we can push our politicians to enact Lacey’s Law, which would change the PFA statute so that something like this never happens again. Please, share this and help protect victims of violent abuse. Thank you.
2,387
The Issue
My name is Jerome Binz, and my daughter Lacey became the victim of violent domestic abuse in early July 2022. She suffered major injuries and had to be transported via Life Flight to a hospital that could handle the severity of her trauma. She underwent multiple life-saving surgeries and was admitted to the hospital for a total of 20 days. At the time of the attack, her son Benjamin, my grandson, was only four months old. He requires special care because of his Down’s Syndrome, and my wife and I took him home with us and promised to do everything in our power to keep him safe and protect him.
After calls to an attorney, CYS, and domestic violence specialists, we were told we could not file a Protection From Abuse order (also known as a restraining order) against the perpetrator of this attack, as we had no “legal claim” over Benjamin. My daughter could not file the paperwork herself, as she was in the hospital and under heavy sedation while she recovered. We were also told that if the attacker arrived at our home with a lawyer or law enforcement, we would be forced to hand over our grandson into his custody because he is Benjamin’s biological father, and because his court proceedings have yet to be completed.
Our PFA system needs to be fixed. During this extremely difficult time we have had no legal recourse or options to protect our family from further harm at the hands of my daughter’s abuser. Furthermore, we know that this is not an isolated issue. Women are forced to leave their children in dangerous situations every day because of legal loopholes that protect abusers and disregard victims. It is time we amend our laws surrounding the issuance of PFAs to better protect the vulnerable. We propose the following amendment to the Pennsylvania law, Chapter 61:
CHAPTER 61 PROTECTION FROM ABUSE - §6115
Reporting Abuse and Immunity
Proposed Amended to §6115 – Amendment (d)
(d) In the event of hospitalization or debilitating medication condition(s) as a result of abuse and when the adult victim is unable to present to the Court and file the appropriate Protection from Abuse petition, the next-of-kin (i.e., parents, siblings of victim) can present said Petition to the Court on behalf of the victim with supporting documentation of the victim’s medical condition (i.e. police report and/or medical records/certification of condition) to secure temporary Protection from Abuse Order of Court. The Order can bar contact with minor children and family members of said victim until such time as the victim can present before the Court on their own behalf or until the Judge has information sufficient to review and/or change the temporary Protection from Abuse Order.
My family and I urge you to sign this petition so we can push our politicians to enact Lacey’s Law, which would change the PFA statute so that something like this never happens again. Please, share this and help protect victims of violent abuse. Thank you.
2,387
Supporter Voices
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Petition created on August 6, 2022