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House Co-Sponsorship Memoranda
House of Representatives
Session of 2013 - 2014
Regular Session
MEMORANDUM
| Posted: | May 28, 2013 03:37 PM |
|---|---|
| From: | Representative Michael H. Schlossberg |
| To: | All House members |
| Subject: | Protections for Victims of Domestic Violence in Divorce |
| Domestic abuse is a nightmare for the victims forced to live with the physical and emotional violence and torment of somebody exerting power and control over them. Spousal abuse complicates the matter, adding heavy legal dimensions. Because dissolving a marriage requires a legal process, ending the relationship through the courts forces the victim of abuse to endure painful memories of violence and abuse. This process, along with other factors that dissuade people from seeking divorce—finances, religion, low self-esteem, fear, shame, isolation—make the decision to escape from an abuse and terminate a marriage a difficult and painstaking decision. The decision is almost never one born out of haste. Unfortunately, Pennsylvania’s divorce laws do not easily break the cycle of domestic violence. The perpetrator of domestic violence and abuse can actually continue the abusive relationship through different means. When an abused spouse seeks divorce, the abuser is in a position to control the divorce process. Unless there is consent to the divorce, the abuse marriage continues for an additional two years, further tormenting the victim. The abuser can add more torment by manipulating the legal process and inflicting greater emotional and financial abuse. Additionally, if the abuser does not consent to the divorce, Pennsylvania law subjects the abused spouse to multiple contacts with his or her abuser. Under Pennsylvania law, this includes three face-to-face counseling sessions with the abuser. To better protect victims of domestic violence, I will be introducing legislation that amends Pennsylvania’s divorce laws to better empower victims of the most serious cases of domestic abuse. This legislation will allow a spouse, who establishes that his or her spouse was convicted of a crime and that the filing spouse was a victim of that crime, to obtain a divorce in the same manner as if the convicted spouse consented to the divorce. This legislation will allow an abused spouse to forego court-ordered face-to-face counseling with the abuser if there is a current or prior protection from abuse order naming the abused spouse as the defendant or that the spouse was convicted of a crime in which the filing spouse was the victim of that crime. Last year, this bill was introduced as HB 2473 by Representative Dermody. The following members co-sponsored this important bill: DERMODY, THOMAS, STABACK, MIRABITO, D. COSTA, FREEMAN, KILLION, SANTARSIERO, BISHOP, STEPHENS, McGEEHAN, B. BOYLE, HORNAMAN, HELM, K. BOYLE, MAHONEY, ROSS, PARKER, BRENNAN, DeLUCA, CARROLL, GEIST, CALTAGIRONE, DEAN, KULA, PRESTON, BROWNLEE, SWANGER, DELOZIER, MUNDY, DAVIDSON, YOUNGBLOOD, WATERS, MANN, JAMES, GIBBONS, FABRIZIO, DEASY, JOSEPHS AND SCHMOTZER, These are simple and meaningful reforms to better protect victims of domestic violence. I hope you will join me in sponsoring this important legislation. |
Introduced as HB1560