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Does a 302 Commitment Take Away Your Gun Rights in Pennsylvania?
Yes. Under 18 Pa.C.S. 6105(c)(4), a person who has been involuntarily committed to a mental institution for inpatient care and treatment under section 302, 303 or 304 of Pennsylvania's Mental Health Procedures Act is prohibited from possessing, using, controlling, selling, transferring or manufacturing a firearm in Pennsylvania. The ban applies after a 302 even though a 302 is an emergency commitment that can happen without a court hearing, and it continues until the record i

Bolkovac Law
3 hours ago5 min read


What Happens If You Violate a PFA in Pennsylvania?
If you violate a PFA in Pennsylvania, police can arrest you without a warrant and you can be charged with indirect criminal contempt, which under 23 Pa.C.S. 6114(b) carries a fine of $300 to $1,000 plus up to six months in jail or up to six months of supervised probation. There is no jury: the statute says the defendant "shall not have a right to a jury trial on a charge of indirect criminal contempt," though you are entitled to a lawyer. A conviction can also extend the prot

Bolkovac Law
2 days ago6 min read


What Happens If a Game Warden Cites You in Pennsylvania?
If a Pennsylvania state game warden cites you, you are being charged with a violation of the Game and Wildlife Code (Title 34). For a summary citation, you enter a plea, you can contest it at a summary trial before a magisterial district judge, and a conviction can bring fines and a loss of hunting or furtaking privileges. Under 34 Pa.C.S. 929(a), the Game Commission can deny, revoke or suspend a hunting or furtaking license for up to five years, and a Pennsylvania suspension

Bolkovac Law
5 days ago6 min read


How Does the PennDOT Point System Work?
PennDOT adds points to your Pennsylvania driving record when you are convicted of certain moving violations, and the total triggers escalating consequences. According to PennDOT's point system fact sheet (March 2024), the first time a record reaches 6 points, you must pass a special written point exam or attend Driver Improvement School within 30 days, and a record at 11 or more points brings an automatic suspension. Three points come off for every 12 consecutive months you d

Bolkovac Law
Oct 145 min read


How Does Stepparent Adoption Work in Pennsylvania?
In Pennsylvania, a stepparent adopts a spouse's child by filing an adoption petition in the county Court of Common Pleas after the other biological parent's rights are ended, either through that parent's written consent or through an involuntary termination of parental rights. Under 23 Pa.C.S. 2903, the stepparent's spouse does not give up anything: when a parent consents to adoption by their spouse, the parent-child relationship "shall remain whether or not he is one of the

Bolkovac Law
Oct 125 min read


Who Is Liable for a Slip and Fall on Ice in Pennsylvania?
In Pennsylvania, the owner or occupant of a property can be liable for a fall on snow or ice, but only after clearing a legal hurdle called the hills and ridges doctrine. When a fall happens during generally slippery conditions, the Superior Court held in Morin v. Traveler's Rest Motel (December 8, 1997) that the injured person must show snow and ice had built up "in ridges or elevations of such size and character as to unreasonably obstruct travel," that the owner knew or sh

Bolkovac Law
Oct 126 min read


How Do You Get a Pardon in Pennsylvania?
You get a pardon in Pennsylvania by applying to the Pennsylvania Board of Pardons, which reviews the application, has the Department of Corrections investigate, decides at a merit review whether you get a public hearing, and then votes on whether to recommend clemency to the Governor, who makes the final decision. The Board says there are no specific eligibility requirements to apply, the application can now be filed online, and applicants should expect to wait a few years fo

Bolkovac Law
Oct 96 min read


How Is Alimony Calculated in Pennsylvania?
Pennsylvania has no formula for post-divorce alimony. Under 23 Pa.C.S. 3701(a), a judge may award alimony "only if it finds that alimony is necessary," and then sets the amount and duration by weighing 17 factors listed in 3701(b), including each spouse's earnings and earning capacity, the length of the marriage, the standard of living during the marriage and whether the spouse asking for alimony can support themselves through appropriate employment. Taxes are part of the a

Bolkovac Law
Oct 76 min read


What Happens If You Violate Probation in Pennsylvania?
If you violate probation in Pennsylvania, your probation officer can file a violation, you may be detained, and a judge will hold hearings to decide whether you broke a condition and what should happen next. Under 42 Pa.C.S. 9771(b), the court can add conditions, impose a brief sanction or revoke probation and resentence you, and Pennsylvania Rule of Criminal Procedure 708(B) requires a hearing "as speedily as possible" where you are present and represented by counsel. Jail

Bolkovac Law
Oct 56 min read


What Is a PFA in Pennsylvania and How Do You Get One?
A PFA, or Protection From Abuse order, is a civil court order under Pennsylvania's Protection From Abuse Act (23 Pa.C.S. Chapter 61) that directs a family member, household member or current or former intimate partner to stop abusing the person who asked for it. You get one by filing a petition in the county Court of Common Pleas, and under 23 Pa.C.S. 6107(a) a hearing must be held within ten business days of filing, where you must prove the abuse by a preponderance of the ev

Bolkovac Law
Oct 27 min read


How Does a PFA Order Work?
Key Takeaway A Protection from Abuse order is a civil court order that can restrict contact, remove someone from a shared home, and address custody arrangements on an emergency basis. Pennsylvania courts can issue a temporary PFA the same day a petition is filed, without the other party present. Violating a Protection from Abuse order carries serious criminal consequences under Pennsylvania law, even if the protected party initiates contact. Whether you are seeking a PFA or r

Bolkovac Law
Sep 307 min read


Can You Appeal a Criminal Conviction in PA?
Key Takeaway A criminal conviction in Pennsylvania is not necessarily final; you have the right to challenge it through the appeals process. Strict deadlines govern Pennsylvania criminal appeals, and missing them can permanently close the door on relief. An appeal is not a new trial; it asks a higher court to review legal errors that affected the outcome of your case. Attorney Mark D. Bolkovac, appointed to the Pennsylvania Commission on Sentencing in 2024, brings decades of

Bolkovac Law
Sep 286 min read


What Is ARD and Could It Clear Your Record?
Key Takeaway ARD is a pre-trial diversion program in Pennsylvania that allows eligible first-time offenders to avoid a criminal conviction. Successful completion of ARD can make you eligible to have the charge expunged from your record. Not everyone qualifies for ARD, and the application process requires careful preparation and legal guidance. An experienced criminal defense attorney can help you evaluate whether ARD is the right path for your situation. A criminal charge can

Bolkovac Law
Sep 256 min read


What Does the PA Sentencing Commission Do?
Key Takeaway The sentencing commission sets the guidelines that judges use to determine criminal sentences across Pennsylvania. Sentencing guidelines are not mandatory, but they carry significant weight in how a judge approaches any criminal case. Understanding how the commission works can help defendants in Greensburg and across western Pennsylvania make more informed decisions about their cases. Attorney Mark D. Bolkovac of Bolkovac Law Offices was appointed to the Pennsylv

Bolkovac Law
Sep 236 min read


How Do Pennsylvania Sentencing Guidelines Work?
Key Takeaway Pennsylvania sentencing guidelines provide judges with a recommended range of penalties based on the severity of the offense and the defendant's prior criminal history. Judges have discretion to sentence outside the guidelines, but departures must be explained on the record and are subject to appellate review. Understanding how the guidelines apply to your specific charge can significantly affect how your defense attorney builds your case strategy. Attorney Mark

Bolkovac Law
Sep 217 min read


How Is Child Support Calculated in PA?
Key Takeaway Pennsylvania uses an Income Shares Model to calculate child support, meaning both parents' incomes factor into the final support amount. Custody arrangements directly affect how much child support is ordered, since the amount of time each parent spends with the child influences the calculation. Judges can deviate from the standard formula when special circumstances, such as unusual expenses or a child's medical needs, justify a different amount. Having experience

Bolkovac Law
Sep 186 min read


Do Grandparents Have Custody Rights in PA?
Key Takeaway Pennsylvania law allows grandparents to seek custody or visitation under specific circumstances defined by statute. Courts evaluate grandparent custody petitions using the best interests of the child standard, weighing multiple factors. Grandparents face a higher legal burden than parents when seeking primary physical custody in Pennsylvania. An experienced family law attorney can help grandparents understand which legal pathway applies to their situation. Your g

Bolkovac Law
Sep 166 min read


Can a Parent Relocate With a Child in PA?
Key Takeaway Pennsylvania law requires the relocating parent to provide advance written notice to every person with custody rights before any move takes place. A parent who objects to the relocation must file a formal objection within 30 days of receiving notice or risk losing the right to contest it. Courts evaluate relocation requests using a multi-factor analysis that puts the child's best interests at the center of every decision. Working with an experienced family law at

Bolkovac Law
Sep 146 min read


Who Can File a Wrongful Death Claim in PA?
Key Takeaway Pennsylvania law limits who can file a wrongful death claim, and only specific family members or the estate's personal representative may bring the action. A two-year statute of limitations applies to most wrongful death claims in Pennsylvania, making prompt legal guidance essential. Surviving family members may pursue compensation for financial losses, funeral expenses, and loss of companionship through a wrongful death action. Working with an experienced person

Bolkovac Law
Sep 116 min read


How Long Do You Have to File an Injury Claim?
Key Takeaway Pennsylvania law gives most injury victims two years from the date of their accident to file a civil lawsuit against the responsible party. Missing the filing deadline almost always means losing your right to pursue compensation, regardless of how strong your case may be. Certain exceptions can shorten or extend the standard two-year window, making early legal guidance especially important. Residents across Westmoreland, Indiana, and Fayette counties can consult

Bolkovac Law
Sep 97 min read
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