Can I lose custody just from a domestic violence accusation, without a conviction?

Yes, at least on a temporary basis. A PFA order can grant temporary custody relief under § 6108 based on a civil preponderance-of-the-evidence standard, and the custody court separately weighs present and past abuse under § 5328 regardless of whether any criminal charge results in a conviction.

Does a dismissed criminal charge automatically restore full custody?

Not automatically. The custody court makes its own independent factual findings under § 5328, so a dismissal or acquittal in the criminal case is strong evidence but doesn't bind the family court, which may still consider the underlying conduct if credible evidence supports it.

What is the § 5329 evaluation and when does it apply?

Section 5329 requires the custody court to obtain an evaluation of whether a parent with certain enumerated convictions poses a risk of harm to the child before that parent is granted any form of custody. It applies even to requests for supervised or partial custody, not only primary physical custody.

If I agree to a consent PFA just to avoid a hearing, does it affect custody later?

It can. A consent PFA resolves the petition without an admission of wrongdoing, but it still creates a civil court record that a custody judge can reference later when weighing the § 5328 abuse factor. That's why agreeing to a PFA to make it go away shouldn't be treated as a low-stakes shortcut.

Can supervised visitation be ordered before any hearing takes place?

Yes. Both a PFA court and a custody court can impose supervised visitation as an interim measure while a contested allegation is being resolved, without waiting for a final determination in either proceeding.

How does a criminal domestic charge interact with an ongoing custody case?

The two proceedings run separately but frequently affect each other. Statements or evidence from the criminal case can be introduced in the custody proceeding, and a custody court's findings on abuse under § 5328 are made independently, using a lower burden of proof than the criminal case requires.

Can a custody order be modified after a domestic case resolves?

Yes. Once the underlying criminal or PFA matter concludes, either party can petition to modify custody, and the court will revisit the § 5328 and, where applicable, § 5329 findings in light of the updated record, including any dismissal, acquittal, or successful compliance history.

Does a past domestic incident with a different partner affect a current custody case?

It can. Section 5328 directs the court to consider present and past abuse by a party or a member of that party's household, not just conduct involving the other parent, so a documented history with a different partner may still be relevant.

Domestic Violence & PFA · Domestic Violence & Child Custody

In Pennsylvania, an abuse allegation can move a custody case before a criminal court ever gets involved.

Custody judges in Pennsylvania don't wait for a criminal case to resolve before weighing an allegation of domestic abuse. Section 5328 makes present and past abuse an explicit best-interest factor in every custody decision, a PFA petition can carry temporary custody relief the same day it's filed, and a qualifying criminal conviction under § 5329 triggers a mandatory risk-of-harm evaluation before that parent can be awarded any form of custody. None of this requires proof beyond a reasonable doubt — custody findings are made by a preponderance of the evidence, the same standard as a PFA.

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How Pennsylvania handles it

Domestic Violence Allegations and Child Custody in Pennsylvania in Pennsylvania.

There is no criminal charge called 'domestic violence' that feeds directly into a custody order. Instead, Pennsylvania's custody statute requires the court, under § 5328(a)(2) and related provisions, to consider the present and past abuse committed by a party or a household member and whether there is a continued risk of harm to the child or an abused party, as one of sixteen enumerated best-interest factors that determine any custody award. Separately, § 5329 requires a court to evaluate whether a party convicted of certain enumerated offenses — which can include qualifying assault, threat, or related convictions — poses a risk of harm to the child before that parent may be granted any form of custody, and can require expert evaluation, supervised contact, or other safeguards. A Protection From Abuse order under § 6108 can independently grant temporary custody or restrict contact as immediate relief, entered on a civil preponderance standard well before any criminal case is resolved, and it frequently becomes the starting point for the custody case that follows.

Statute: 23 Pa.C.S. §§ 5328, 5329, 6108[1][2]

Defenses & record relief

Custody findings on abuse are made independently of any criminal case and on a lower burden of proof, which means the custody fight often needs its own strategy rather than simply waiting for the criminal matter to resolve.

PFA vs. criminal charges · assault vs. domestic violence charges · preliminary hearing lawyer

Domestic Violence Allegations and Child Custody in Pennsylvania: orders, grading, and maximum exposure under 23 Pa.C.S. §§ 5328, 5329, 6108
Order, offense & grading	Maximum exposure
§ 5328 best-interest factor — present/past abuse The court must consider abuse by a party or household member and any continued risk of harm when deciding any custody arrangement.	Weighted factor, not a fixed penalty
§ 5329 mandatory risk-of-harm evaluation Triggered by an enumerated criminal conviction; can require an expert evaluation before any custody, including supervised, is granted.	Custody conditioned on evaluation
Temporary custody in a PFA order — § 6108 Can be granted on an ex parte or temporary basis before the accused parent has appeared in court.	Immediate, pending full hearing
Supervised visitation as an interim safeguard A common middle-ground remedy where allegations are contested but some contact is still permitted pending resolution.	Set by the custody or PFA court
Modification of an existing custody order based on new abuse allegations A new PFA filing or criminal charge is a common and legitimate basis to petition for emergency modification of a standing order.	Reopens the custody case
Consent PFA entered without admission A respondent who agrees to a PFA to resolve the petition still creates a court record that can be referenced in a later § 5328 analysis.	No criminal finding, but a civil record exists

Statutory maximums are ceilings, not expected outcomes. A Protection From Abuse order is a civil order decided by a preponderance of the evidence; criminal charges require proof beyond a reasonable doubt, and the two proceedings can reach different results.

Jurisdiction & court process

Where a domestic violence & child custody matter is heard.

Family court's independent authority

Custody proceedings run through the county's family division, which applies §§ 5328 and 5329 regardless of what's happening in a separate criminal case involving the same allegations. A pending, dismissed, or even acquitted criminal charge does not bind the family court's independent factual findings on abuse for custody purposes, because the standards of proof are different.

PFA-driven emergency custody relief

When a PFA petition is filed, the petitioner can request temporary custody as part of the initial relief under § 6108, sometimes granted the same day on an ex parte basis. That temporary arrangement often becomes the default status quo while the custody case is litigated separately, which makes contesting a PFA petition promptly important even where the underlying criminal allegation is weak.

The § 5329 evaluation process

Where a parent has a qualifying enumerated conviction, § 5329 requires the custody court to obtain an evaluation of the risk that parent poses to the child before granting custody. This can include psychological evaluation, a review of treatment history, and testimony, and it applies even to a parent seeking only supervised or partial custody, not just primary physical custody.

Coordinating the criminal case, the PFA, and the custody case

It's common in Central Pennsylvania for all three matters — a criminal charge, a PFA petition, and a custody dispute — to be pending simultaneously and to influence each other. Testimony or admissions in one proceeding routinely surface in the others, so a parent facing all three needs a strategy that accounts for how statements made in a hurry to resolve a PFA can undercut both the criminal defense and the custody position.

How we handle domestic violence & child custody matters.

Contest the PFA before it becomes the custody baseline
Because temporary custody relief in a PFA can set the practical status quo for months, contesting the petition at the full hearing — rather than accepting a consent order to make it go away — often matters as much for custody as for the underlying allegation.
Present evidence rebutting the § 5328 abuse factor directly
The abuse factor in § 5328 is not automatically satisfied by an accusation; the custody court makes its own factual finding on a preponderance standard, and evidence contradicting the allegation, including third-party witnesses and documentary records, can be presented in the custody case itself.
Push for a tailored § 5329 evaluation rather than a blanket restriction
Where an enumerated conviction exists, the evaluation required by § 5329 is meant to assess actual risk, not to impose an automatic denial of custody. A well-supported evaluation and treatment history can support graduated or supervised contact rather than no contact at all.
Avoid making unnecessary admissions in a related proceeding
Statements made to resolve a PFA quickly, or made carelessly in a criminal proceeding, can resurface in the custody case as evidence of the § 5328 abuse factor. Coordinating all three matters through one strategy limits this exposure.
Document compliance and stability over time
Custody courts weigh ongoing conduct, not just the original allegation. Consistent, safe, well-documented parenting time — supervised if required — builds a record that can support modifying restrictive terms later.
Seek modification once circumstances change
A custody order entered while a PFA or criminal case was pending is not necessarily permanent. Once the underlying matter resolves, especially with a dismissal or acquittal, a modification petition can ask the court to revisit the § 5328 and § 5329 findings based on the current record.

Where we appear

PFA and domestic-allegation defense across Central Pennsylvania.

Attorney Quinlan appears in the magisterial district courts and the Courts of Common Pleas — civil and criminal divisions — in Dauphin, Cumberland, York, Adams, Perry, Franklin, and Lancaster counties. Start with your city:

Other domestic-violence and PFA guides.

FAQ

Frequently asked questions.

Common questions about domestic violence & child custody in Pennsylvania — procedure, consequences, and the defenses that actually matter.

Yes, at least on a temporary basis. A PFA order can grant temporary custody relief under § 6108 based on a civil preponderance-of-the-evidence standard, and the custody court separately weighs present and past abuse under § 5328 regardless of whether any criminal charge results in a conviction.
Not automatically. The custody court makes its own independent factual findings under § 5328, so a dismissal or acquittal in the criminal case is strong evidence but doesn't bind the family court, which may still consider the underlying conduct if credible evidence supports it.
Section 5329 requires the custody court to obtain an evaluation of whether a parent with certain enumerated convictions poses a risk of harm to the child before that parent is granted any form of custody. It applies even to requests for supervised or partial custody, not only primary physical custody.
It can. A consent PFA resolves the petition without an admission of wrongdoing, but it still creates a civil court record that a custody judge can reference later when weighing the § 5328 abuse factor. That's why agreeing to a PFA to make it go away shouldn't be treated as a low-stakes shortcut.
Yes. Both a PFA court and a custody court can impose supervised visitation as an interim measure while a contested allegation is being resolved, without waiting for a final determination in either proceeding.
The two proceedings run separately but frequently affect each other. Statements or evidence from the criminal case can be introduced in the custody proceeding, and a custody court's findings on abuse under § 5328 are made independently, using a lower burden of proof than the criminal case requires.
Yes. Once the underlying criminal or PFA matter concludes, either party can petition to modify custody, and the court will revisit the § 5328 and, where applicable, § 5329 findings in light of the updated record, including any dismissal, acquittal, or successful compliance history.
It can. Section 5328 directs the court to consider present and past abuse by a party or a member of that party's household, not just conduct involving the other parent, so a documented history with a different partner may still be relevant.

[1]23 Pa.C.S. § 5328 — Custody best-interest factors — the court must weigh present and past abuse and any continued risk of harm to the child.
[2]23 Pa.C.S. § 5329 — Consideration of criminal conviction in custody cases — enumerated offenses require an evaluation of whether the party poses a risk of harm before custody is awarded.
[3]23 Pa.C.S. § 6108 — Relief available in a PFA order — no-contact, eviction and exclusive possession, temporary custody, and firearms relinquishment under § 6108(a)(7); a final order may last up to three years.
[4]23 Pa.C.S. § 6102 — Protection From Abuse definitions — what counts as 'abuse' and who qualifies as a family or household member for PFA purposes.
[5]23 Pa.C.S. § 6107 — PFA hearings and temporary orders — the final hearing is set within ten business days of filing; ex parte temporary relief requires immediate and present danger of abuse.
[6]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.
[7]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.

Statutes are summarized for public reference. Confirm current text at palegis.us. This page is attorney advertising, not legal advice.

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