Wednesday, October 18, 2023

PFA - past abuse relevant to present fear

B.K.P. v. J.R.B. – Pa. Superior – 9-25-23 – re4ported

https://www.pacourts.us/assets/opinions/Superior/out/J-S24002-23o%20-%20105680648240318046.pdf?cb=1

 

https://casetext.com/case/bkp-v-jrb

 

Held: Three-year protection order properly entered where

  • Physical abuse occurred less than 2 years prior to current petition
  • Prior physical abuse was a single incident which the court, in prior litigated PFA case, held to be “brutal....sexual assault”
  • Current defendant conduct consisted of stalking

 

Citing E.K. v. J.R.A., 237 A.3d 509, 519 (Pa. Super. 2020), the court held that “[p]ast are significant in determining the reasonableness of a PFA petitioner’s fear.”