Pennsylvania State Police Trooper Landon Weaver, 23, was shot and killed Dec. 30 while investigating a report of a Protection from Abuse (PFA) violation on Bakers Hollow Road in Juniata Township, Huntingdon County.

 

Reports indicate that it was not an active domestic violence incident and that the person who obtained the PFA wasn’t present at the residence, according to state police. However, the situation underscores the need to shore up gaps in current law as well as enhance practices and procedures related to PFAs.

 

“PFAs are a strong tool used to fight the scourge of domestic violence in Pennsylvania, but when perpetrators violate the orders, there can and have been fatal consequences,” Pennsylvania Coalition Against Domestic Violence Deputy Director Ellen Kramer said.

 

Although investigations are still ongoing in the death of Trooper Weaver, Kramer pointed to recent recommendations issued by the Joint State Government Commission at the end of the 2015-16 legislative session under House Resolution 735, sponsored by state Rep. Maury Gingrich, as a way to revise PFA procedures to enhance victim, community and law enforcement safety.

 

The eight recommendations include:

 

  • Empower courts to issue search and seizure orders for weapons as part of their PFA orders if there is cause to believe the defendant has weapons and may use them against the victim.
  • Eliminate the family exemption from background checks for transfers of handguns.
  • Amend the current provision that allows defendants to place their weapons in the hands of third-party safe keepers. PCADV supports the recommendation that the third-party safekeeping option be abolished completely.
  • Enhance safety for victims by requiring that sheriffs, deputies or other officers serve protection orders. Requiring a victim to serve their own order on the defendant results in heightened danger for that victim.
  • Before setting bail, courts should use a risk assessment tool to evaluate potential danger to the victim. Use of an evidence-based assessment will provide the court with essential information to determine whether a defendant who violated a PFA order by means of physical violence or has been arrested for committing a domestic violence crime can be safely released on bail.
  • Authorize courts to extend or reinstate an expired PFA order when an incarcerated defendant is about to be released and the court concludes that they pose a continuing threat to the victim.
  • Encourage local law enforcement to use active GPS monitoring of abusers to provide real-time notice to victims that their abusers are in their vicinity. The Commission recommends that the proposal would need further consideration by law enforcement entities and might be suited to a grant program under the Pennsylvania Commission on Crime and Delinquency.
  • Clarify through statute the roles of dating violence, teen dating violence and same sex relationships in order to improve interpretation of the law. The Commission notes that these changes are not vital to closing any perceived gaps in the PFA Act.

 

For a summary of the report, click here. The full report can be found here.

 

“Simply put, if enacted into law, many of these measures would save lives,” Kramer said. “And if just one life is saved as a result, it makes all the time, dedication, and effort worth it.”

 

Some of the Commission’s recommendations are addressed in a Domestic Violence Homicide Prevention measure that PCADV plans to re-introduce in the 2017 legislative session. The proposal, sponsored by state Sen. Tom Killion, R-Glen Mills, would strengthen protections for domestic violence victims by keeping firearms out of the hands of convicted domestic violence offenders and defendants subject to an active final Protection from Abuse Order. More information about that important legislation can be found here.

 

“The intent of this change in law is to enhance safety for parties and their children in domestic violence and PFA situations,” Sen. Killion said in a co-sponsorship memo. “Enhancing their safety during these difficult times helps not only these families but also law enforcement charged with overall public safety.”

 

Domestic violence abusers and guns are a lethal combination. In 2015, there were 146 domestic violence-related fatalities in Pennsylvania; of the 113 victims killed, 61 were fatally shot. In the past decade, guns have been consistently used in over half of Pennsylvania domestic homicides.

 

PCADV Deputy Director Ellen Kramer is available to reporters for interviews regarding the PFA recommendations and Domestic Violence Homicide Prevention legislation. To arrange an interview, call 717-545-6400, ext. 209 or email mkemeny@pcadv.org.

 

About PCADV

 

Founded in 1976, the Pennsylvania Coalition Against Domestic Violence is the oldest statewide domestic violence coalition in the nation. Each year it provides free and confidential services to nearly 90,000 victims of domestic violence, through a network of 60 community-based programs serving all 67 counties in the commonwealth. PCADV also promotes public awareness of domestic violence-related issues through its PA SAYS NO MORE campaign, which it operates in partnership with the Pennsylvania Coalition Against Rape. For more information, visit www.pcadv.org or www.pasaysnomore.com; or follow PCADV on Twitter @pcadvorg and on Facebook at https://www.facebook.com/pages/Pennsylvania-Coalition- Against- Domestic-Violence/479697025386367.