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Abusing The Abuse Act

Can brother and sister business partners injury, serious bodily injury, rape,
who do not reside in the same home, and involuntary deviate sexual intercourse,
who have no relationship outside of work, sexual assault, statutory sexual assault,
seek Protection From Abuse orders against aggravated indecent assault, indecent
each other? assault or incest with or without a
An en banc panel of the Superior Court deadly weapon; (2) Placing another in
has inexplicably answered "yes" in Custer reasonable fear of imminent serious
v. Cochran, PICS Case No. 07-1501 (Pa. bodily injury;
Super. Sept. 25, 2007) Todd, J., Ford (3) The infliction of false imprisonment;
Elliott, P.J. concurring (23 pages), (4) Physically or sexually abusing minor
thereby overruling an identical 1996 children;
case, which was dismissed for lack of (5) Knowingly engaging in a course of
jurisdiction. conduct or repeatedly committing acts
The Protection From Abuse Act is designed toward another person, including
to provide family or household members following the person, without proper
with a tool to secure court protection authority, under circumstances which
from acts of domestic abuse. Section 6102 place the person in reasonable fear of
of the law provides the two key bodily injury ..."
definitions at issue in Custer: Section 6102 further defines "family or
Under the statute, "abuse" is defined as: household members" as "[s]pouses or
"The occurrence of one or more of the persons who have been spouses, persons
following acts between family or living as spouses or who have lived as
household members, sexual or intimate spouses, parents and children, other
partners or persons who share biological persons related by consanguinity or
parenthood: affinity, current or former sexual or
(1) Attempting to cause or intentionally, intimate partners or persons who share
knowingly or recklessly causing bodily biological parenthood.




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