Putting the "P" in PFA: The Electronic Monitoring of Protection from Abuse Respondents in Pennsylvania

Authors

Cameron Kehm

Abstract

Domestic violence violently claimed Alina Sheykhet's life, despite alleged "protection" from a Protection from Abuse Order ("PFA").¹ Far from being an exception, Alina's story is yet another example among many cases that show how traditional protective order systems fail those who need protected most.² However, Alina's Law can protect PFA holders through a new remedy: the electronic monitoring of PFA respondents.³ Although Alina's Law failed to make it out of committee consideration during the 2019-2020 term,⁴ with three modifications, legislators can reintroduce Alina's Law in a passable form that would protect Pennsylvania's most vulnerable citizens.

Part I of this Article relays Alina's Story and domestic violence statistics for Pennsylvania and the United States. Part II discusses Pennsylvania's current PFA system and the underlying problems associated with similar systems. Part III introduces and supports Alina's Law with case law and programs currently active in other states. Finally, Part IV suggests amendments to Alina's Law, including: (1) rethinking the design of an electronic monitoring device; (2) incorporating a factor test to inform judicial discretion; and (3) addition of a cost provision.

First Page

124

Recommended Citation

Cameron Kehm, Putting the "P" in PFA: The Electronic Monitoring of Protection from Abuse Respondents in Pennsylvania, 60 Duq. L. Rev. 124 (2022).
Available at: https://dsc.duq.edu/dlr/vol60/iss1/6