Buchalter v. Buchatler - Superior Court - October 27, 2008
http://origin-www.courts.state.pa.us/OpPosting/Superior/out/a23044_08.pdf
Past abuse that was subject of prior consent order held relevant to plaintiff's allegation of present fear of bodily injury, even
In essence, the trial court reasons that if Patricia is not believed as to the allegations in the present petition, then there is no need to hear testimony about prior abuse. We disagree. “In the context of a PFA case, the court’s objective is to determine whether the victim is in reasonable fear of imminent serious bodily injury….”
The facts surrounding the prior PFA consent order are relevant to an understanding as to the reasonableness of plaintiff's fear relative to the present petition. Moreover, merely determining that a party is not credible is not a basis in itself to exclude relevant testimony.
The court also cited Miller v. Walker, 665 A.2d 1252 at 1259, for the proposition that it was proper in that case to consider abuse which had occurred 6 years before.
