Evans v. Braun
Pennsylvania Superior Court
12 A.3d 395 (2010)
- Written by Haley Gintis, JD
Facts
In 2009, Christine M. Evans (plaintiff) and Gordon P. Braun (defendant) met at their place of work and began dating. Although they had been on only a few dates, Evans and Braun frequently argued. At one point, Braun showed Evans his gun and told her that he could put a hole in her head. A few weeks later, Evans invited Braun to a Christmas party at a local restaurant-bar. Evans and Braun began arguing outside of the restaurant-bar. Braun then informed Evans that he still had his gun and threatened to use it. Following Braun’s threats, Evans went back inside the restaurant-bar. Evans reported the incident to a coworker and to her employer. Evans also reported the incident to the police, who suggested that she contact the Women in Need (WIN) office. After Evans reported the incident to a WIN employee, the organization filed for a protection from abuse (PFA) order under Pennsylvania’s Protection from Abuse Act (PFA Act). The court granted Evans an ex parte temporary order of protection and scheduled a hearing to determine whether a more permanent order was warranted. At the hearing, Evans testified that she had been on two romantic dates with Braun and that he had become angry with her because she wanted to take their relationship slow. Evans also testified that Braun introduced her to his son. Evidence was presented that Braun had confessed to loving Evans. The court granted the PFA order, which forbade Braun from possessing any firearms. Braun appealed the PFA order on the ground that Evans did not have standing under the PFA Act.
Rule of Law
Issue
Holding and Reasoning (Bender, J.)
Dissent (Cleland, J.)
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