Monday, September 08, 2008

PFA - jurisdiction - sufficiency of evidence

BTW v. PJL - Superior Court - August 27, 2008

http://www.courts.state.pa.us/OpPosting/Superior/out/S11044_08.pdf

The trial court had jurisdiction over PFA involving abuse of a child even though defendants lived and abuse took place outside of Pennsylvania, since a Pennsylvania court had previously entered a custody order concerning the child and had "exclusive, continuing jurisdiction" over custody and related matters under 23 Pa. C.S. 5422(a) and 5402 (definition of "child custody proceeding" includes PFA action."

In addition, the evidence was sufficient to establish abuse, where it included hitting with a belt, pulling hair, bruising, marks on back.

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