Sorry may be the hardest word

According to this article on the internet, R&B artist Chris Brown has publicly apologized for the incident with his girlfriend Rihanna that landed her in the hospital.

This article also indicates that as a result of the deal entered into by Brown with the Los Angeles District Attorney’s office, in return for Brown pleading guilty to one count of felony assault, Brown would receive a sentence of 5 years probation, be enrolled in a domestic violence counseling program and spend 180 days in a labor program in Virginia.

This case does show some of the possible consequences to the abuser in a domestic violence case – specifically those consequences if there is a criminal proceeding. In Pennsylvania, the victim of domestic violence can also proceed with a civil case. Such cases are started with a complaint filed against the alleged abuser. A member of the Court will review the complaint to determine whether, based on the facts as presented, a temporary ex-parte order should be entered affording the victim certain protection. That protection can include a “stay away” order. It can also include eviction of the alleged abuser from the home.

The case is then scheduled for an initial hearing to take place within 10 days of the filing of the initial complaint. At that hearing, the victim needs to prove that she or he was physically abused or threatened with physical abuse by the alleged abuser. Emotional and verbal abuse or a not enough under Pennsylvania law. There must also be physical abuse or the threat of physical abuse. If the victim can prove her case, a final order can be entered by the court. That order will last for up to 36 months. The order can be extended in the event another incident of domestic violence takes place.

Proceeding with a criminal case, like Rihanna did, or proceeding with a civil case, are not mutually exclusive. A person can try to proceed with both cases. The burdens of proof are different and the remedies available to the victim differ as well. The advice of competent counsel should help teh victim decide the best way to proceed.