Most people who are charged with domestic violence in Philadelphia think of the PFA — the Protection From Abuse order — as the thing they are fighting. They focus on the hearing, the restrictions, the no-contact provision. And while a PFA is serious in its own right, it is the criminal charges running alongside it that carry the consequences most defendants never see coming.
A criminal domestic violence charge in Philadelphia can result in jail time, a permanent criminal record, a lifetime firearms ban, and collateral damage to your custody rights, your career, your housing, and your immigration status. The PFA is a civil matter. The criminal case is a different proceeding entirely — with different rules, different stakes, and different consequences that can follow you for decades.
As a former Philadelphia prosecutor who spent over 10 years in the District Attorney’s Office, I prosecuted domestic violence cases at every level. I know how these cases are investigated, how the evidence is assembled, and how prosecutors decide what to charge and how aggressively to pursue it. That knowledge is the foundation of every domestic violence defense I build. This guide explains what you are actually facing, how criminal domestic violence charges differ from a PFA, and what defense options are available to you in Philadelphia.
The Critical Difference Between a PFA and Criminal Charges
The single most dangerous misunderstanding in domestic violence cases is treating the PFA and the criminal charges as the same thing. They are not. They are parallel proceedings that operate independently, with entirely different rules and consequences.
The PFA: A Civil Protection Order
A PFA is a civil order issued by the Court of Common Pleas — Family Division. It is initiated by the person seeking protection (the petitioner), not by the District Attorney. A PFA can order the respondent to stay away from the petitioner, vacate a shared residence, surrender firearms, and refrain from all contact. Violating a PFA can result in contempt of court charges and arrest.
A PFA does not, by itself, create a criminal record. It appears on a civil court docket, not a criminal one. But this distinction provides a false sense of security for many defendants, because the criminal case running alongside the PFA is where the real consequences live.
Criminal Domestic Violence Charges: What the DA Files
Criminal domestic violence charges are brought by the Commonwealth of Pennsylvania through the Philadelphia District Attorney’s Office. These charges are filed independently of any PFA proceeding. They can proceed even if the PFA is withdrawn, denied, or never filed in the first place. And unlike the PFA — where the petitioner decides whether to pursue the order — the criminal charges are controlled entirely by the prosecution.
This means that even if the alleged victim does not want to press charges, wants to drop the case, or recants their original statement, the prosecution can and often does proceed. The alleged victim’s cooperation is helpful to prosecutors, but it is not legally required. 911 recordings, officer body camera footage, medical records, photographs of injuries, and prior statements can all be used at trial regardless of whether the complaining witness takes the stand.
| ⚠️ Two Proceedings, Two Sets of Consequences A PFA and criminal charges can run simultaneously. You could win the PFA hearing and still be convicted criminally — or have the PFA granted against you while the criminal case is dismissed. They are independent proceedings before different divisions of the same court. A defense strategy must account for both, and the actions you take in one can affect the other. |
Criminal Charges Commonly Filed in Philadelphia Domestic Violence Cases
Pennsylvania does not have a standalone “domestic violence” criminal statute. Instead, the underlying criminal conduct — assault, threats, harassment, strangulation — is charged under the relevant criminal statute and classified as a domestic violence offense based on the relationship between the defendant and the alleged victim.
Under Pennsylvania law (18 Pa. C.S. § 2711), a crime is classified as domestic violence when it involves current or former spouses, current or former intimate partners, individuals who share biological parenthood, or current or former members of the same household.
Here are the criminal charges most commonly filed in Philadelphia domestic violence cases:
Simple Assault — 18 Pa. C.S. § 2701
The most frequently charged domestic violence offense. Simple assault covers intentionally, knowingly, or recklessly causing bodily injury to another person, or attempting to cause such injury. It is typically a misdemeanor of the second degree — up to two years in prison and a $5,000 fine. When the parties are in a mutual fight, simple assault can be downgraded to a misdemeanor of the third degree. But when classified as domestic violence, the charge triggers collateral consequences that extend well beyond the criminal penalty itself.
Aggravated Assault — 18 Pa. C.S. § 2702
Aggravated assault involves causing or attempting to cause serious bodily injury under circumstances manifesting extreme indifference to the value of human life — or causing serious bodily injury intentionally, knowingly, or recklessly with a deadly weapon. It is a felony of the first or second degree, depending on the circumstances. Penalties range from 10 to 20 years in prison. Aggravated assault domestic violence charges are among the most aggressively prosecuted cases in the Philadelphia DA’s Office.
Strangulation — 18 Pa. C.S. § 2718
Pennsylvania’s strangulation statute, enacted specifically in response to domestic violence research, makes it a second-degree felony to knowingly or intentionally impede the breathing or circulation of another person by applying pressure to the throat or neck, or by blocking the nose or mouth. Strangulation is a felony carrying up to 10 years in prison. Prosecutors in Philadelphia pursue strangulation charges aggressively, and the charge is frequently added in cases where the initial report may only reference “choking” or difficulty breathing.
Terroristic Threats — 18 Pa. C.S. § 2706
A terroristic threats charge applies when a defendant communicates a threat to commit violence with the intent to terrorize another person or cause evacuation of a building or public area. In domestic violence cases, this charge is commonly filed alongside assault when there is evidence of verbal threats to harm or kill the alleged victim. It is a misdemeanor of the first degree — up to five years in prison.
Harassment — 18 Pa. C.S. § 2709
Harassment charges cover conduct intended to harass, annoy, or alarm — including following someone, engaging in a course of conduct serving no legitimate purpose, or repeated communications at extremely inconvenient hours. In domestic violence cases, harassment often accompanies more serious charges but can also be filed as a standalone charge for conduct that does not rise to the level of assault or threats.
Reckless Endangerment — 18 Pa. C.S. § 2705
Recklessly endangering another person covers conduct that places or may place another person in danger of death or serious bodily injury. In domestic violence cases, this charge appears in situations involving reckless behavior — throwing objects, creating hazardous conditions in the home, or operating a vehicle dangerously with a partner or child present.
The Consequences You Don’t See Coming: Beyond Jail Time and Fines
The jail time and fines listed in the criminal statutes are only part of the picture — and for many defendants, they are not even the most impactful consequences of a domestic violence conviction. The collateral damage reaches into nearly every area of a defendant’s life.
Lifetime Firearms Prohibition
Under federal law — specifically 18 U.S.C. § 922(g)(9), the Lautenberg Amendment — a conviction for a misdemeanor crime of domestic violence results in a permanent, lifetime prohibition on possessing firearms. This applies even to a guilty plea for simple assault when the victim is a domestic partner. The ban is federal, meaning it cannot be resolved through state-level expungement. For law enforcement officers, military personnel, security professionals, and anyone who owns firearms, this consequence alone can be career-ending.
Criminal Record and Employment
A domestic violence conviction creates a permanent criminal record. Background checks for employment, housing, and professional licensing will disclose the conviction. Many employers and licensing boards have explicit policies regarding crimes involving violence or moral turpitude. A misdemeanor assault domestic violence conviction can disqualify candidates from positions in healthcare, education, finance, law, government, and law enforcement.
Child Custody and Family Court
Pennsylvania courts are required to consider domestic violence history when making custody determinations under the custody factors outlined in 23 Pa. C.S. § 5328. A criminal domestic violence conviction creates a rebuttable presumption against custody in some circumstances and will be weighed heavily in any custody evaluation. Even without a conviction, a criminal charge and its associated no-contact orders can disrupt existing custody arrangements during the pendency of the case.
Immigration Consequences
For non-citizens, domestic violence convictions carry severe immigration consequences. A conviction for a crime of domestic violence is an aggravated felony or deportable offense under federal immigration law (8 U.S.C. § 1227(a)(2)(E)). This can result in removal proceedings, denial of adjustment of status, revocation of green card status, or bars to reentry. The immigration consequences of a domestic violence conviction are often more devastating than the criminal sentence itself.
No-Contact Orders and Housing
When criminal domestic violence charges are filed, the court typically issues a no-contact order as a condition of bail. This can require the defendant to vacate a shared residence immediately — even if the defendant is on the lease or owns the property. The no-contact order remains in effect throughout the entire criminal case, which can last months or longer. Violating a no-contact order, even at the alleged victim’s invitation, results in arrest, bail revocation, and additional charges.
How Philadelphia Prosecutors Build Domestic Violence Cases
Having spent over a decade in the Philadelphia DA’s Office, I know exactly how domestic violence cases are investigated and prosecuted — and where those cases are most vulnerable to challenge. Understanding the prosecution’s approach is the starting point for building an effective defense.
The 911 Call and Police Response
The first piece of evidence in nearly every domestic violence case is the 911 recording. Prosecutors treat this recording as critical evidence because it captures the caller’s immediate account, emotional state, and specific allegations in real time. Under Pennsylvania’s hearsay exceptions, the 911 recording may be admissible at trial even if the caller later refuses to testify. Body camera footage from responding officers serves a similar function — capturing the scene, the condition of the parties, and any spontaneous statements made upon police arrival.
Medical Records and Photographs
Emergency room records, medical evaluations, and photographs of injuries are core prosecutorial evidence. Officers are trained to photograph injuries at the scene, and prosecutors routinely subpoena hospital records documenting the type, location, and severity of injuries. When these records are consistent with the alleged victim’s initial account, they provide independent corroboration that does not depend on the victim’s cooperation at trial.
Prior Incidents and Pattern Evidence
Philadelphia prosecutors frequently look for prior police calls to the same address, prior PFA filings, and prior domestic violence-related arrests or complaints — even those that did not result in charges. Under certain circumstances, this pattern evidence is admissible at trial to establish motive, intent, or the absence of accident. A defense attorney must anticipate this line of prosecution and prepare to challenge or contextualize prior incidents.
Digital Evidence
Text messages, social media communications, voicemails, call logs, and location data have become standard elements of domestic violence prosecution in Philadelphia. Threatening or controlling communications are used to establish intent, context, and the nature of the relationship. Prosecutors increasingly subpoena social media accounts and cloud storage for evidence that supports the charges or contradicts the defendant’s account.
Proceeding Without the Victim
One of the most important things defendants need to understand: Philadelphia prosecutors are trained and prepared to try domestic violence cases without the alleged victim’s testimony. Using 911 recordings, body camera footage, medical records, photographs, and prior statements classified as excited utterances or present sense impressions, prosecutors can build a trial-ready case that does not depend on the complaining witness appearing in court. Assuming that charges will be dropped if the victim refuses to cooperate is one of the most common — and most dangerous — mistakes defendants make.
Defense Strategies for Domestic Violence Charges in Philadelphia
A domestic violence charge is not an automatic conviction. Despite the aggressive posture of the prosecution and the emotional weight these cases carry, there are real defense strategies that can result in acquittal, dismissal, or significant charge reduction.
Self-Defense
Self-defense is one of the most commonly applicable defenses in domestic violence cases. If you were defending yourself against an imminent threat of bodily harm and used proportionate force, you may have a complete defense under Pennsylvania law. Building this defense requires evidence: your own injuries documented through medical records and photographs, communications showing prior threats or aggression by the alleged victim, witness testimony, and any available recordings or surveillance footage.
In my experience both prosecuting and defending these cases, the initial police report frequently tells only one side of the story. Officers respond to the scene, identify a primary aggressor based on what they observe in the moment, and file charges accordingly. The other side — the defendant’s account, injuries, and context — often goes undocumented unless a defense attorney gathers and presents it.
False Accusations
False accusations in domestic violence cases are a documented reality. They arise in the context of divorce proceedings, custody disputes, immigration strategy, and personal conflicts. Challenging false accusations requires systematic evidence-gathering: inconsistencies in the accuser’s statements, communications that contradict the allegations, alibis, witness testimony, and analysis of motive. A former prosecutor knows exactly what patterns indicate fabrication and how to present that evidence effectively at trial.
Lack of Sufficient Evidence
The prosecution must prove every element of the charged offense beyond a reasonable doubt. In many domestic violence cases, the evidence is limited to the alleged victim’s account — and when that account is unsupported by independent evidence, contains internal inconsistencies, or is contradicted by physical evidence or witness testimony, the prosecution’s case may not meet the burden of proof. An attorney who carefully deconstructs the evidence before trial can identify where the case falls short.
Challenging the Admissibility of Evidence
Statements made to police, 911 recordings, and evidence seized during the investigation are all subject to evidentiary challenges. If Miranda rights were not properly administered before a custodial interrogation, post-arrest statements may be suppressible. If officers entered a residence without a warrant and no exception applies, evidence gathered inside may be excluded. Hearsay challenges to 911 recordings and prior statements can further limit the evidence available to prosecutors.
Negotiation and Alternative Resolution
When the facts make trial a high-risk proposition for the defense, negotiated resolutions can still protect the defendant’s future. Charge reduction from aggravated assault to simple assault — or from a domestic violence classification to a non-DV assault charge — can make an enormous difference in collateral consequences, particularly firearms rights and immigration status. In limited circumstances, ARD may be available for first-time offenders facing lower-level charges. An attorney who understands the full range of consequences and has credibility with the Philadelphia prosecution team is in the best position to negotiate an outcome that protects what matters most to you.
What to Do Immediately After a Domestic Violence Arrest in Philadelphia
- Comply with all no-contact orders. Do not contact the alleged victim directly, through a third party, or through social media. Even if the alleged victim reaches out to you, responding can constitute a violation and result in additional arrest and bail revocation. If you believe the no-contact order is creating unjust hardship, your attorney can petition the court for modification.
- Do not discuss the case with anyone other than your attorney. Statements to friends, family members, or coworkers can be subpoenaed or voluntarily disclosed. Your conversations with your attorney are protected by attorney-client privilege. Everything else is fair game.
- Preserve all evidence in your favor. Do not delete text messages, voicemails, photographs, social media communications, or any other documentation. If you have photos of your own injuries, save them immediately. If there were witnesses to the incident or to prior behavior by the alleged victim, note their names and contact information for your attorney.
- Document your injuries. If you sustained injuries during the incident, go to an emergency room or urgent care immediately and ensure your injuries are medically documented and photographed. This documentation can be critical to a self-defense claim.
- Contact an experienced domestic violence defense attorney immediately. The period between arrest and the preliminary hearing is when the most important investigative and strategic work happens — obtaining body camera footage, preserving 911 recordings, identifying witnesses, and evaluating the strength of the prosecution’s case. Earlier attorney involvement means more options.
Why Philadelphia Defendants Choose DiDonato & Burke for Domestic Violence Defense
Thomas F. Burke spent over 10 years as a prosecutor in the Philadelphia District Attorney’s Office — including in the elite homicide unit as one of its youngest prosecutors — before dedicating his practice to criminal defense. More than 400 jury trials. Thousands of cases across every category of Pennsylvania criminal law.
Domestic violence cases require an attorney who understands both the criminal defense side and the prosecution’s approach — because the prosecution has resources, institutional momentum, and a presumption of credibility that must be systematically challenged. My decade-long prosecutorial career means I know exactly how Philadelphia prosecutors build these cases, what evidence they rely on, and where those cases are vulnerable.
At DiDonato & Burke, every client works directly with Thomas Burke. Not a junior associate. Not a paralegal. Domestic violence charges carry consequences that touch every part of your life — your freedom, your family, your career, your constitutional rights. That demands experienced, focused, direct representation from an attorney who is fully invested in your defense.
- Former Philadelphia prosecutor with insider knowledge of how domestic violence cases are built and prosecuted
- 400+ jury trials — trial-ready from day one in Philadelphia’s courtrooms
- Aggressive self-defense case-building when the initial police report tells only one side
- Comprehensive defense strategy that accounts for criminal, civil, custody, firearms, and immigration consequences simultaneously
- Direct access to Thomas Burke at every stage — no handoffs, no junior associates
- $10 million civil rights verdict — a proven record of fighting for clients when the system gets it wrong
| When Winning Matters Most A domestic violence conviction in Philadelphia can cost you your freedom, your firearms rights, your career, your custody arrangement, and your immigration status. These cases demand an attorney who knows the system from the inside. Call DiDonato & Burke at (215) 567-1248 for a free, confidential consultation. |
Frequently Asked Questions
What is the difference between a PFA and criminal domestic violence charges in Pennsylvania?
A PFA is a civil protection order initiated by the alleged victim. It does not create a criminal record on its own. Criminal domestic violence charges — simple assault, aggravated assault, terroristic threats, strangulation — are brought by the District Attorney’s Office and carry potential jail time, fines, a permanent criminal record, and collateral consequences including firearms bans and immigration impact. Both proceedings can run simultaneously and independently.
Can domestic violence charges be dropped if the alleged victim doesn’t want to press charges in Philadelphia?
No. Criminal charges in Pennsylvania are brought by the Commonwealth, not the alleged victim. Once charges are filed, the DA controls the prosecution. Even if the alleged victim recants or refuses to testify, prosecutors can proceed using 911 recordings, officer body camera footage, medical records, photographs, and prior statements. A defense attorney can use the complaining witness’s position strategically, but the dismissal decision rests entirely with the prosecution.
What are the penalties for simple assault domestic violence in Pennsylvania?
Simple assault (18 Pa. C.S. § 2701) is typically a misdemeanor of the second degree — up to two years in prison and fines up to $5,000. When classified as domestic violence, it triggers additional consequences: mandatory no-contact orders, lifetime firearms prohibition under federal law, potential immigration consequences for non-citizens, and negative weight in custody proceedings.
Will a domestic violence charge affect my gun rights in Pennsylvania?
Yes. A conviction for any misdemeanor crime of domestic violence — including a guilty plea to simple assault — triggers a permanent, lifetime federal firearms ban under 18 U.S.C. § 922(g)(9). This ban cannot be resolved through state-level expungement. For law enforcement, military, security professionals, and anyone who possesses firearms, this consequence is often the most significant at stake.
Can domestic violence charges be expunged in Pennsylvania?
Expungement of domestic violence convictions is limited under Pennsylvania law. Misdemeanor convictions are generally not eligible unless the defendant reaches age 70 and has been arrest-free for 10 years, or obtains a pardon. If charges are dismissed, withdrawn, or resolved through ARD (when available), the arrest record may be eligible for expungement. An attorney can evaluate your specific record and advise on available options.
What happens if I violate a no-contact order in a domestic violence case in Philadelphia?
Violating a no-contact order can result in immediate arrest, bail revocation, contempt of court charges, and new criminal charges. Even indirect contact — through text, a third party, or social media — can constitute a violation. Philadelphia judges treat no-contact order violations extremely seriously, and a violation will significantly damage your position in the underlying criminal case.
Is self-defense a valid defense to domestic violence charges in Pennsylvania?
Yes. If you were defending yourself against an imminent threat of bodily harm and used proportionate force, you have a recognized legal defense under Pennsylvania law. Building a self-defense case requires evidence: medical documentation of your injuries, communications showing prior threats from the alleged victim, witness statements, and available recordings or surveillance footage. An experienced defense attorney knows how to gather and present this evidence effectively.
How much does a domestic violence defense attorney cost in Philadelphia?
Attorney fees vary based on charge severity, the number of charges, complexity of evidence, and whether the case proceeds to trial. Felony aggravated assault and strangulation cases require significantly more extensive representation than misdemeanor simple assault matters. DiDonato & Burke offers a free initial consultation at (215) 567-1248 to review charges and discuss the defense approach before any commitment.
Next Steps: Protect Your Freedom, Your Rights, and Your Future
Domestic violence charges in Philadelphia carry consequences that extend far beyond the courtroom. Your criminal record, your firearms rights, your custody arrangement, your career, and your immigration status are all at stake — and the window to build an effective defense begins closing the moment charges are filed.
If you are facing domestic violence charges in Philadelphia, do not assume the case will resolve on its own. Do not assume that because the alleged victim wants to drop the charges, they will be dropped. And do not walk into a courtroom without an attorney who knows exactly how these cases are prosecuted and exactly how to fight them.
| Contact DiDonato & Burke Today Call (215) 567-1248 for a free, confidential consultation. Former Philadelphia prosecutor Thomas F. Burke is available Monday through Friday, 8 AM to 8 PM, and by appointment on weekends. Serving Philadelphia, Bucks County, Montgomery County, Delaware County, Chester County, and South Jersey. Online: burkecriminallaw.com/contact |
About the Author
Thomas F. Burke, Esquire is a former Philadelphia homicide prosecutor and managing partner of DiDonato & Burke Law Firm. During his 10+ years in the Philadelphia District Attorney’s Office — including in the elite homicide unit as one of its youngest prosecutors — Mr. Burke tried over 400 jury trials and handled thousands of criminal cases at every level of the Pennsylvania court system. He secured a $10 million civil rights verdict for a client falsely accused by Philadelphia police. Since 2003, he has used that prosecutorial experience to defend clients facing charges from misdemeanors to murder. Contact him at (215) 567-1248 for a free consultation.
Disclaimer:This content provides general information about Pennsylvania criminal law and is not legal advice. Every case is unique and requires individual analysis. For specific legal advice about your situation, contact DiDonato & Burke Law Firm at (215) 567-1248 to schedule a free consultation. Past results do not guarantee future outcomes.
