Thompson v. Thompson - Superior Court - December 16, 2008
http://origin-www.courts.state.pa.us/OpPosting/Superior/out/s56023_08.pdf
Actual physical harm is not a prerequisite for the entry of a PFA order; the victim need only be in reasonable fear of imminent serious bodily injury. Fonner, 731 A.2d at 163. Mother establish that by evidence that
- Father forcibly grabbed Mother's breasts and crotch and yelled obscenities at their sons when they tried to intervene on her behalf.
- On one occasion Father came home drunk early in the morning, got into a fight with the older son, and then tried to hit him with his car.
- Father drinks and abuses cocaine, that she is afraid of Father, and that she fears for her children when they are in his custody.
- Father sideswiped eldest son with his car as son walked to school, because he was afraid that father was high on cocaine
- Father pushed and shoved youngest son and regularly threatened to hurt him
The court considered the sufficiency of the evidence in light of McCance v. McCance, 908 A.2d 905 (Pa. Super. 2006), where the Superior Court concluded that the evidence was sufficient to establish reasonable fear of imminent serious bodily injury where plaintiff testified that defendant stood in front of her car while she was in it and yelled obscenities and threats, that the defendant struck her car with such force that repairs were needed, and that the defendant had a drinking problem, anger issues and had been physically violent with other people in the past.
The evidence also establishes that Father has grabbed Mother in a sexual way when she arrived at his house to pick the children up, by grabbing her breasts and crotch while making lascivious comments such as, "You know you like it." This was indecent assault under 18 Pa. C.S.A. § 3126(a). "Accordingly, the evidence supports the PFA court’s determination."
