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My daughters fatger mentally and physically abuses me. What are my rights?

Red Lion, PA |

I've been with my dughters father for two years and the whole two yeas since I got pregnant inapril 2010 he has been abusing mr. He threatens tokill me. Andwhen I do leave he just stalks me. Can I sue him for all this abuse? I turned to the cops plenty of times but he just gets fines. I want to take further action

Attorney Answers 4


Take children and go to local women's shelter. You may be able to get free or low cost legal advice. You will probably need the services of a family law / domestic relations attorney. You definitely need a restrianing order.
If he is following you around, I am surprised the local authorities are not prosecuting him for stalking.

The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.

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These behaviors all fall under the Protection From Abuse Act. The details of your case are important. You should file as soon as possible for a protection from abuse order. When you fill out the paperwork, you should be specific about all of the threats and other things that he has done. Once you have the PFA order, you will be in a better position to obtain sole custody. If he is really violent, he may only receive supervised visitation. If he poses no threat to his daughter, then he may receive time with her however the Court will probably order that contact between the two of you be supervised. Neutral parties could help with the drop off or pick up.

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I agree with my colleagues that you should seek a Protection from Abuse order, and seek help from a women's shelter. However, your question also asks whether you could sue your abuser. The answer is that you may be able to sue him for personal injury and obtain a money judgment as compensation for the the physical and emotional damage he has caused you. I would recommend seeking the advice of a lawyer in your area.

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Marshall Chriswell

Law Offices of Marshall D. Chriswell
714 Philadelphia St., Suite 200
Indiana, PA 15701
(888) 438-5977
(724) 465-5826


Marshall D. Chriswell is a civil practitioner with offices in Indiana and Clearfield Counties. Mr. Chriswell's practice emphasizes Wills & Estate Planning, Probate, Real Estate, and general civil disputes.


Mr. Chriswell provides free initial consultations, and will gladly meet clients in their homes upon request, including on the evenings or weekends.

This communication does not constitute legal advice and does not establish an attorney/client relationship. If you are seeking legal advice, feel free to contact our offices.

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If you are in reasonable fear for your physical safety, you should take your daughter and go to a shelter and then file a petition for protection from abuse. You should contact MidPenn Legal Services in York and they will help you complete the application/petition. If granted, a protection from abuse order can give you immediate possession of the home, custody of your child, and will prevent him from contacting you in any way except as necessary for custody exchanges. If he violates an active protection from abuse (PFA) order, he could go to jail for up to six months or get fined or both.

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