Abusing The Abuse Act

Can brother and sister business partners who do notrecklessly causing bodily injury, serious bodily injury,
reside in the same home, and who have norape, involuntary deviate sexual intercourse, sexual
relationship outside of work, seek Protection Fromassault, statutory sexual assault, aggravated indecent
Abuse orders against each other?assault, indecent assault or incest with or without a
An en banc panel of the Superior Court hasdeadly weapon; (2) Placing another in reasonable fear
inexplicably answered "yes" in Custer v. Cochran,of imminent serious bodily injury;
PICS Case No. 07-1501 (Pa. Super. Sept. 25, 2007)(3) The infliction of false imprisonment;
Todd, J., Ford Elliott, P.J. concurring (23 pages),(4) Physically or sexually abusing minor children;
thereby overruling an identical 1996 case, which was(5) Knowingly engaging in a course of conduct or
dismissed for lack of jurisdiction.repeatedly committing acts toward another person,
The Protection From Abuse Act is designed toincluding following the person, without proper
provide family or household members with a tool toauthority, under circumstances which place the
secure court protection from acts of domestic abuse.person in reasonable fear of bodily injury ..."
Section 6102 of the law provides the two keySection 6102 further defines "family or household
definitions at issue in Custer:members" as "[s]pouses or persons who have been
Under the statute, "abuse" is defined as:spouses, persons living as spouses or who have lived
"The occurrence of one or more of the followingas spouses, parents and children, other persons
acts between family or household members, sexualrelated by consanguinity or affinity, current or former
or intimate partners or persons who share biologicalsexual or intimate partners or persons who share
parenthood:biological parenthood.
(1) Attempting to cause or intentionally, knowingly or