Monday, September 08, 2008

PFA - reasonable fear - course of conduct

Mescanti v. Mescanti - Superior Court - August 29, 2008

http://www.courts.state.pa.us/OpPosting/Superior/out/a17028_08.pdf

Husband's course of conduct held sufficient to cause reasonable fear of bodily injury in wife. That conduct included

- threats that she'd better not to sleep or even close her eyes
- fact that husband had guns in the house, and wife heard sounds of gun cocking
- husband interrupting wife's sleep, hacking into her email, following her around, disconnecting phone lines, etc.

It was held that "the record amply supports the trial courts's conclusion that wife established, by a preponderance of the evidence, that husband engaged in a course of conduct that place wife in reasonable fear of bodily injury.

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