Compare · Assault vs. Domestic Violence Charges
There is no crime called 'domestic violence' in Pennsylvania — it's the same assault statutes, applied differently.
People frequently search for a 'domestic violence charge' expecting a distinct offense, but Pennsylvania's crimes code has no such crime. What actually happens is that the same assault, harassment, strangulation, and threats statutes get charged, and the fact that the parties are family or household members changes the procedure around the case — warrantless arrest authority under § 2711, the potential for a civil Protection From Abuse order running alongside the criminal case, enhanced grading for strangulation involving a family or household member under § 2718, firearm consequences, and bail conditions imposing no-contact terms. Understanding that the underlying crime is ordinary assault, just processed through a different procedural track, is essential to understanding what's actually at stake and what defenses are actually available.
The short answer
Ordinary assault charge
A standalone assault case between people who aren't family or household members is charged and defended the same way any § 2701 or § 2702 case is — through the elements of bodily injury or serious bodily injury, grading based on injury severity and weapon involvement, and standard bail conditions set by the magisterial district judge or Common Pleas court. There's no special warrantless-arrest statute that applies, no related civil protective-order proceeding automatically running in parallel, and no domestic-relationship enhancement affecting grading. The case moves through the ordinary preliminary hearing, formal arraignment, and pretrial process, and resolution options like ARD, negotiated pleas, or trial are evaluated the same way as any other assault matter.
Assault involving family or household members
When the same assault, harassment, strangulation, or threats statutes are alleged between family or household members — spouses, former spouses, people who live together, or people who share a child — several procedural differences attach even though the underlying criminal statute is identical. Section 2711 gives police warrantless arrest authority based on probable cause alone in these situations, which is broader than the authority available in most other assault cases. Strangulation under § 2718 is specifically graded higher, up to F2, when committed against a family or household member or where a protective order is in place. A parallel civil Protection From Abuse proceeding under Title 23 can run alongside the criminal case, seeking a no-contact order, temporary custody terms, and firearm surrender independent of whether the criminal charges result in a conviction. Bail conditions in these cases routinely include strict no-contact provisions even before trial, and a conviction — or in some circumstances even an active PFA order — can trigger federal firearm restrictions under federal law that follow independently of Pennsylvania's own firearm statutes.
| What matters | Ordinary assault charge | Assault involving family or household members |
|---|---|---|
| Underlying criminal statute | 18 Pa.C.S. § 2701, § 2702, § 2706, § 2718, etc. — no change | The identical statutes; there is no separate 'domestic violence' crime |
| Arrest authority | Standard probable cause and warrant procedures apply | § 2711 permits warrantless arrest based on probable cause alone |
| Strangulation grading | M2 or F1 depending on the facts, per § 2718 | F2 elevated grading applies against a family or household member or with a protective order in place |
| Parallel civil proceeding | None automatically triggered | A Protection From Abuse petition under Title 23 can proceed independently of the criminal case |
| Pretrial bail conditions | Standard conditions set case by case | No-contact and stay-away conditions are routinely imposed even before trial |
| Firearm consequences | Tied to the specific conviction under § 6105 | Can attach earlier and more broadly, including through an active PFA order and federal firearm restrictions |
| Standard of proof | Beyond a reasonable doubt for the criminal charge | Beyond a reasonable doubt for the criminal charge; preponderance of the evidence for a civil PFA |
| Case tracks | Single criminal case track | Criminal case and civil PFA case often proceed on separate, overlapping tracks |
Scroll the table horizontally to compare every column. Statutory maximums are ceilings, not expected outcomes[1]. Nothing on this page is a prediction about a specific case.
Which one fits your case.
Why the relationship label matters even without a separate crime
Even though the charge itself is ordinary assault or a related offense, the family or household relationship changes arrest procedure, bail conditions, and sometimes grading, so it needs to be addressed directly rather than assumed to be irrelevant to the defense.
When a parallel PFA needs its own strategy
A civil PFA proceeding uses a lower burden of proof than the criminal case and can result in a no-contact order, custody impact, and firearm surrender well before the criminal charges are resolved, so it often requires its own hearing preparation separate from the criminal defense.
What we look at first
I identify whether a PFA petition has been filed or is likely, review the specific relationship allegation that triggered § 2711 warrantless-arrest authority or elevated strangulation grading, and map out the bail and no-contact conditions currently in place.
What you should not do
Don't violate a no-contact bail condition or an active PFA order to try to resolve things directly with the other party — a violation can result in new charges regardless of the merits of the original case — and don't assume the criminal case and the PFA case will resolve the same way.
Read next.
review how PA assault charges are graded generally
The underlying statutes charged in family or household situations.
learn how a Protection From Abuse case works
The civil proceeding that often runs alongside a criminal charge.
see how strangulation charges are graded and defended
How § 2718's family and household provisions raise exposure.
understand firearm consequences after a conviction
How § 6105 and federal law interact with these cases.
see the full range of criminal defense services offered
General information while dedicated domestic-violence guides are developed.
have your case and any related PFA reviewed together
Coordinate a strategy across both the criminal and civil proceedings.
FAQ
Frequently asked questions.
Common questions about assault vs. domestic violence charges in Pennsylvania.
No. Pennsylvania does not have a standalone criminal offense called domestic violence — prosecutors charge the same assault, harassment, strangulation, or threats statutes that would apply to anyone, with the family or household relationship affecting procedure rather than creating a new crime.
Section 2711 gives police warrantless arrest authority based on probable cause alone in cases involving family or household members, which is broader than the authority available in many other assault situations. This procedural rule exists because of the relationship, not because of a separate offense.
They're separate proceedings that can run in parallel — the PFA is a civil matter under Title 23 decided by a preponderance of the evidence, while the criminal charge requires proof beyond a reasonable doubt. Outcomes in one don't automatically determine the outcome in the other.
Yes. Section 2718 elevates strangulation to F2 grading when it's committed against a family or household member or where a protective order applies, compared to the general grading that would otherwise apply.
It can, both through Pennsylvania's own firearm-prohibition statute and through independent federal firearms restrictions that attach to certain domestic-relationship convictions or active protective orders. Those consequences are worth discussing with an attorney before any plea decision.
Related pages
Assault charges in PA
Grading, sentencing ranges, and the reduction ladder for assault, harassment, and disorderly conduct.
Theft & property crimes in PA
Theft, RSP, retail theft, forgery, and bad checks — grading by value and the reduction ladder.
Drug charges in PA
Possession, PWID, marijuana, paraphernalia, prescription fraud, trafficking, and diversion.
DUI defense
ARD & Act 58 of 2025
Free consultation
Sources & statutory citations
- [1]18 Pa.C.S. § 2701 — Simple assault — M2 generally; M3 for a mutual fight; M1 where the victim is under 12 and the actor is 18 or older.
- [2]18 Pa.C.S. § 2702 — Aggravated assault — F1 for serious bodily injury caused or attempted; F2 for bodily injury with a deadly weapon or against an enumerated victim.
- [3]18 Pa.C.S. § 2706 — Terroristic threats — M1 generally; F3 where the threat causes the diversion or evacuation of a building, place of assembly, or facility of public transportation.
- [4]18 Pa.C.S. § 2711 — Probable cause arrests in domestic violence cases — warrantless arrest authority for assault-type offenses between family or household members.
- [5]18 Pa.C.S. § 2718 — Strangulation — M2 generally; F2 against a family or household member or where a protective order applies; F1 with a prior strangulation conviction or where the actor used an instrument of crime.
- [6]18 Pa.C.S. § 6105 — Persons not to possess firearms — enumerated convictions, including certain assault offenses and active protective orders, bar firearm possession.
Statutes are summarized for public reference. Confirm current text at palegis.us. This page is attorney advertising, not legal advice.
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