Tuesday, November 24, 2009

PFA - "family/household member" - grandfather of plaintiff's child

Slusser v. DeBoer - Superior Court - November 23, 2009
PFA order properly granted PFA order to mother of defendant's grandchild. Defendant was a "family or household member" under the Act.
The court rejected grandfather's argument that his relationship to the mother of his grandchild does not fit within any of the relationships described in the definition of "abuse" -- the "occurrence of one or more...acts between family or household members, sexual or intimate partners or persons who share biological parenthood." (emphasis in original)
Both parties "have a direct blood relationship to the child, and by extension are inextricably linked to each other by that relationship. In fact, the parties are more directly related by consanguinity than the in-law relationship that was deemed adequate to invoke the protection of the Act in McCance v. McCance, 908 A.2d 905, 910 (Pa.Super. 2006) (Court interpreted “affinity” to include a family relationship of in-laws)."
The abuse here consisted of defendant pulling a gun out of the glove compartment, showing it to plaintiff andt telling her that if she didn't let him see his granddaughter, she knows what he could do.