Boykai v. Young

83 A.3d 1043 (2014)

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Boykai v. Young

Pennsylvania Superior Court
83 A.3d 1043 (2014)

  • Written by Haley Gintis, JD

Facts

In 2011 Geraldine Boykai (plaintiff) and Ted Young (defendant) married and had one child together. Young forced Boykai to have intercourse multiple times per day. Young would physically overpower Boykai and threaten to withhold financial support from Boykai and the child if she refused to engage in intercourse. In 2013 Boykai filed a petition to obtain a protection-from-abuse order pursuant to Pennsylvania’s Protection From Abuse Act (the protection act). The trial court granted Boykai a temporary order and held a hearing to determine whether a permanent order was warranted. Young denied Boykai’s allegations that he had used physical force against her. However, the trial court found that Young had abused Boykai as defined by the protection act. The trial court issued a one-year protection-from-abuse order, which forbade Young from contacting Boykai and required Young to vacate the family residence. Young appealed the order on the ground that a finding of abuse required evidence of physical force and that, as an immigrant from Africa, Boykai had incorrectly used the term force in her allegations against him. The Pennsylvania Superior Court reviewed the case.

Rule of Law

Issue

Holding and Reasoning (Bender, J.)

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