Misty, I. v. Harris, D.
CourtSuperior Court of Pennsylvania
Date FiledNovember 10, 2026
Docket2004 EDA 2025
JudgeNichols
StatusUnpublished
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Full Opinion
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NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37
IMANI MISTY : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
v. :
:
:
DETOMAS HARRIS :
:
Appellant : No. 2004 EDA 2025
Appeal from the Order Entered July 10, 2025
In the Court of Common Pleas of Philadelphia County Domestic Relations
at No(s): 2503V7193
BEFORE: PANELLA, P.J.E., NICHOLS, J., and KING, J.
MEMORANDUM BY NICHOLS, J.: FILED NOVEMBER 10, 2026
Appellant DeTomas Harris, proceeding pro se, appeals from a final order
entered against him pursuant to a Protection From Abuse 1 (PFA) petition filed
by Appellee Imani Misty. Appellant claims that the trial court erred in
admitting video evidence, its credibility determinations, finding that Appellee
was in “reasonable fear” of Appellant, and abused its discretion in imposing a
three-year term to the PFA final order. We affirm.
The trial court provided the following relevant facts and procedural
history:
[Appellee] and [Appellant] were involved in a romantic
relationship for approximately a year and a half [until] March of
2025. The parties’ relationship was on and off and also
contentious at times.
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1 See 23 Pa.C.S. §§ 6101-6122.
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On or about May 3, 2024, the parties argued while out having
drinks and [Appellee] decided to go home to her apartment in
Philadelphia. [Appellant], rather than going home himself,
appeared at [Appellee’s] apartment, unannounced and uninvited
– which [Appellee] could see via her pet camera. [Appellee]
pretended that she was not home and sent [Appellant] a text
message telling him that she was not there. [Appellant] insisted
that he had left his keys in [Appellee’s] apartment and despite
[Appellee] telling him she did not have his keys and reminding
him that he did not need keys to get into his house, [Appellant]
remained outside [Appellee’s] apartment. [Appellant] continued
to knock on [Appellee’s] door for over an hour; at one point
[Appellant] began trying [t]o use [Appellee’s] security code to get
into the apartment. Even when told by [Appellee that] she did not
want him at her residence, [Appellant] insisted he would stay in
the stairwell of the building until [Appellee] returned home.
In early December of 2024, [Appellee] tried to end her relationship
with [Appellant]. The parties exchanged text messages until
[Appellee] told [Appellant] she no longer wanted to hear from him.
Afterwards, [Appellant] continued to contact [Appellee] via
lengthy text messages, emails, and letters. [Appellee] largely did
not respond, or she responded to [Appellant] with short non-
engaging answers. [Appellee] also reiterated to [Appellant] that
she no longer wanted to speak with him and that she no longer
wanted to be in a relationship with him.
In February of 2025, the parties attempted to rekindle their
relationship and even discussed trying to have a child together.
On February 21, 2025, [Appellant] picked [Appellee] up from her
apartment in Philadelphia and drove her to his house in Deptford,
New Jersey where [Appellee] stayed the night.
On February 22, 2025, in celebration of [Appellee’s] birthday, the
parties went shopping and then to a restaurant near [Appellant’s]
residence. At dinner, an argument ensued, and the argument
continued as they left the restaurant and entered [Appellant’s]
vehicle. When it became clear to [Appellant] that [Appellee] was
going to get out of the car and take a cab home to Philadelphia,
[Appellant] sped out of the parking lot and drove toward his
residence. During the drive, [Appellee] pulled out her phone,
which [Appellant] deliberately removed from her possession.
[Appellee] attempted to regain possession of her phone from
[Appellant], but was unsuccessful, even when the phone fell out
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of [Appellant’s] grasp and onto the floor on the driver’s side of his
vehicle.
When the parties arrived at [Appellant’s] house, [Appellee]
continued to ask for the return of her phone. The dispute
continued, and [Appellant’s] dogs appeared to become agitated.
One of the dogs, who was described as a guard dog, became
aggressive with [Appellee], resulting in [Appellant] pulling the dog
away by the collar and removing the dog from the room.
[Appellee] continued to attempt to regain possession of her phone
from [Appellant], but she was unsuccessful in doing so.
[Appellee], under a significant amount of distress from the
situation, had what she described as a “panic attack,” which
caused her to faint. [Appellant] told [Appellee] he was going to
call 9-1-1 to get her assistance, but [Appellee] stopped him,
stating that she did not want [Appellant] to run into trouble with
the police for taking her phone and preventing her from leaving
his house. Finally, [Appellant] returned [Appellee’s] phone, but
she remained in distress. Despite telling [Appellant] not to touch
her, [Appellant] continued to touch and grab [Appellee], even
going so far as to pin her down while she struggled to free herself.
After [Appellee] told [Appellant] she was going to call a ride share
service in order to leave [Appellant’s] house, she attempted to
exit the house via the front door. However, [Appellant] pulled her
hand from the door and began pushing her away from the door,
in an effort to physically prevent her from leaving. [Appellee]
began pushing back and continued her attempt to open the door.
Finding the front door blocked, [Appellee] ran to the back door of
the house. Upon reaching it, she placed both hands on the handle,
but before she could open the door, [Appellant] pulled her off the
door hard enough for the door handle to break off.
[Appellee] threatened to start screaming for help if [Appellant] did
not permit her to leave the house. [Appellant] then grabbed
[Appellee] by the hair and pulled her back, throwing her to the
ground before climbing on top of her. In that moment, [Appellee]
became concerned that [Appellant] was going to hit her, and she
believed that she would not be permitted to leave the house that
night. [Appellant] became even more upset and started yelling.
[Appellee] attempted to calm [Appellant] down, bringing him into
a bathroom, where he proceeded to punch a hole in a cabinet.
Eventually, the incident [calmed down and Appellee] decided to
remain in [Appellant’s] house overnight, due to the late hour and
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her physical exhaustion. On the morning of February 23, 2025,
[Appellant] drove [Appellee] back to Philadelphia. That same day,
[Appellant] sent [Appellee] text messages apologizing for the
incident; [Appellee] did not immediately respond.
On February 24, 2025, [Appellee] sent [Appellant] a message
expressing that she was upset and made it clear to [Appellant]
that she did not see a future to their relationship. On February
25, 2025, [Appellant] appeared uninvited and unannounced at
[Appellant’s] apartment in Philadelphia.
[Appellee] reached out to [Appellant] one more time on March 10,
2025 to let [Appellant] know that she was not pregnant. The
parties continued to communicate over the course of the next day,
speaking about the events of February 22, 2025 and their
relationship.
Eventually, [Appellee] made her intent to report the incident
known to [Appellant]. On March 13, 2025, [Appellee] filed the
instant PFA petition against [Appellant]. Following an ex parte
hearing on the same day as her filing, [Appellee] was granted a
temporary ex parte protection order[.]
Trial Ct. Op., 11/13/25, at 1-5. The trial court held hearings on Appellee’s
PFA petition on April 28, 2025 and July 10, 2025, and entered a three-year
no-contact final PFA order on July 10, 2025. Appellant filed for reconsideration
before filing a timely notice of appeal. The trial court ultimately did not grant
reconsideration. Both Appellant and the trial court complied with Pa.R.A.P.
1925.
On appeal, Appellant raises the following claims for our review:
1. Did the trial court commit reversible error by admitting secret
video recordings made in Appellant’s private bedroom in
violation of New Jersey’s Wiretap Act, and by then claiming any
error was “harmless” while simultaneously using the recordings
as the basis for a key factual finding of abuse?
2. Did the trial court violate Appellant’s due process rights by
abandoning judicial neutrality, as evidenced by its application
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of a biased double standard for evidentiary relevance, its
disregard of objective evidence that impeached [Appellee’s]
credibility, and its inclusion of pejorative ad hominem attacks
against Appellant in its judicial opinion?
3. Did the trial court err as a matter of law by finding the evidence
legally sufficient to meet the objective “reasonable fear”
standard under the PFA Act, where [Appellee’s] undisputed
post-incident conduct—including pursuing Appellant, consoling
him, voluntarily remaining overnight, and later initiating
contact—was objectively inconsistent with such fear?
4. Did the trial court abuse its discretion by imposing a maximum
three-year PFA order that served as a punitive measure rather
than a remedial one, where the record showed Appellant had
no history of violence or threats, perfectly complied with a prior
voluntary no-contact agreement and the temporary order, and
demonstrating no ongoing threat?
Appellant’s Brief at 9-10.
Admissibility of Video Recordings
In his first claim, Appellant argues that the trial court erred in admitting
Appellee’s video recordings because he did not consent to be recorded nor did
his later receipt of the video recordings constitute consent and, further, the
recordings were of Appellant’s bedroom in which he had a heightened
expectation of privacy under the New Jersey wiretap statute. See id. at 26-
29.
Before addressing the merits of this issue, we review whether Appellant
has preserved it for appeal, as “[i]ssues not raised in the trial court are waived
and cannot be raised for the first time on appeal.” Pa.R.A.P. 302(a); see also
Pa.R.E. 103(a) (requiring a “timely objection” to preserve for appeal a claim
of error regarding an evidentiary ruling). To challenge an evidentiary ruling,
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a party must first raise a timely, contemporaneous objection before the trial
court, and failure to do so results in waiver of the claim. See Commonwealth
v. Pacheco, 227 A.3d 358, 373 (Pa. Super. 2020).
Here, as noted by the trial court and reflected in the record, Appellant
did not object to the admission of Appellee’s video recording evidence at trial.
See Trial Ct. Op., 11/13/25, at 13; N.T., 7/10/25, at 62-80. Nor does
Appellant’s brief direct this Court to where in the record he lodged such an
objection. Because Appellant has failed to establish that he objected to
Appellee’s video evidence before the trial court and as it is not this Court’s
role to “comb through the record” to find items to support a claim, we conclude
that Appellant’s first claim is not preserved for appeal and is, therefore,
waived. See Pa.R.A.P. 302(a); Pa.R.E. 103(a); see also Pacheco, 227 A.3d
at 373; Irwin Union Nat’l Bank & Trust Co. v. Famous, 4 A.3d 1099, 1103
(Pa. Super. 2010) (noting that “[i]t is not this Court’s responsibility to comb
through the record seeking the factual underpinnings of [a] claim” (citation
omitted)); Wilkins v. Marsico, 903 A.2d 1281, 1284-85 (Pa. Super. 2006)
(noting that, “[a]lthough this Court is willing to liberally construe materials
filed by a pro se litigant, pro se status confers no special benefit upon the
appellant. To the contrary, any person choosing to represent himself in a legal
proceeding must, to a reasonable extent, assume that his lack of expertise
and legal training will be his undoing” (citation omitted)).
Due Process
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In his due process claim, Appellant argues that the trial court applied
inconsistent standards, improperly limited his cross-examination of Appellee,
disregarded impeachment evidence, and demonstrated bias against Appellant.
See Appellant’s Brief at 56. In terms of evidentiary rulings, Appellant
identifies numerous instances of ‘contradictions’ in Appellee’s own testimony
as well as between the parties’ versions of events. See id. at 31-35, 37-40.
For example, Appellant characterizes Appellee’s testimony as contradictory
where she stated that she was afraid of Appellant because he was forcing
himself into her life but “also testified that[,] during this same period, she was
actively attempting to conceive a child with him.” Id. at 31 (citing N.T.,
7/10/25, at 37). In another example, Appellant states that Appellee testified
that “Appellant yanked her by the hair off the door with such force that the
door handle came off” but that this was “impossible, because she would have
a significant injury” if that had occurred. Id. at 32 (citing N.T., 4/28/25, at
7; N.T., 7/10/25, at 59, 100). In a third example, Appellant characterizes
Appellee’s testimony that she suffered a panic attack as contradicted by
evidence that Appellant had “left the house entirely, leaving Appellee alone
and unrestrained inside for a period of time while he was outside working on
his car.” Id. at 34 (citing N.T., 7/10/25, at 57, 98; Ex. R-6).
Appellant also argues that the trial court lacked a proper evidentiary
basis to find that “Appellant pinned [Appellee] down while she struggled to
free herself” because her video recordings “were largely just audio and
contained very little usual visual imagery.” Id. at 35-36 (citing Trial Ct. Op.,
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11/13/25, at 4, 18. Appellant further contends that the trial court erred in
finding that Appellant took Appellee’s “phone to withhold access” because,
“while Appellant did temporarily take Appellee's phone during the car ride[,] .
. . he returned it at her request after the alleged panic attack.” Id. at 37-38
(citing N.T. 7/10/25, at 57, 97; Exs. P-6, P-7).
Appellant argues the trial court applied a “double standard” when it
found that he had “engaged in a pattern of unwanted contact,” based on
Appellant failing “‘to respect [Appellee’s] decision to end the relationship,” as
evidenced by his “‘continual contact’ [with Appellee] during both the pre- and
post-incident periods.” Id. at 41 (citing Trial Ct. Op., 11/13/25, at 23, 26).
For example, Appellant argues that he proffered “the full context of text
messages, photos, and call logs” and characterized this evidence as showing
that “the communication was mutual, reciprocal, and often initiated by
Appellee.” Id. at 41-42. Appellant contends that the trial court erred in
finding “that this evidence ‘did not bear much weight in its decision’ and was
unrelated to the ‘most substantial factual issue.’” Id. at 42 (citing Trial Ct.
Op., 11/13/25, at 16). Appellant also contends that the trial court failed to
direct Appellee to answer Appellant’s questions on cross examination when
Appellee became “evasive and non-responsive,” instead stating that Appellant
had failed to “ask a relevant question.” Id. at 44-45 (citing N.T., 7/10/25, at
79-83).
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We review final PFA orders to determine if the trial court committed an
error of law or abuse of discretion. See E.K. v. J.R.A., 237 A.3d 509, 519
(Pa. Super. 2020)
The PFA Act does not seek to determine criminal culpability. A
petitioner is not required to establish abuse occurred beyond a
reasonable doubt, but only to establish it by a preponderance of
the evidence. A preponderance of the evidence standard is
defined as the greater weight of the evidence, i.e., enough to tip
a scale slightly.
When a claim is presented on appeal that the evidence was not
sufficient to support an order of protection of abuse, we review
the evidence in the light most favorable to the petitioner and[,]
granting her the benefit of all reasonable inferences, determine
whether the evidence was sufficient to sustain the trial court’s
conclusion by a preponderance of the evidence. This Court defers
to the credibility determinations of the trial court as to witnesses
who appeared before it.
* * *
A PFA petitioner’s testimony alone, if believed by the trial court,
may constitute sufficient evidence of abuse.
E.K., 237 A.3d at 519, 523 (citations omitted and some formatting altered).
We recognize that the weight “to be accorded to [a witness’] testimony is
within the exclusive province of the trial court as the fact finder.” S.G. v.
R.G., 233 A.3d 903, 907 (Pa. Super. 2020) (citations omitted).
Here, Appellant disputes the weight assigned to the evidence by the trial
court, including credibility determinations, and proffers his judgments in place
of that of the trial court. For example, Appellant characterized Appellee’s
testimony as conveying that “Appellant yanked her by the hair off the door
with such force that the door handle came off” and argued that the testimony
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was “impossible, because she would have a significant injury” if that had
occurred.” Appellant’s Brief at 32.
At the places in the record cited by Appellant for this interaction,
Appellee testified as follows:
We were arguing. I was trying to get my phone back. It became
physical. I tried to leave the home with him just giving him my
phone and just trying to leave, and he did not allow me to. Him
and his dog then became very aggressive towards me, and he
ended up pulling my hair when I was trying to escape from his
backyard door and the handle then broke. That’s how much
pressure he was using to take my hands off the handle, and he
pulled my hair and shoved me to the ground and started raging
out and that’s why I’m here.
N.T., 4/28/25, at 7.
I go – I go to the front door to open it, not thinking he’s gonna
stop me and he yanks my hand off the front door and I turn around
. . . . So I turn around and I start getting, I start pushing him back
and trying to leave, and he will lock the door and he’s like pushing
me back. . . . I started running to the back and I kid you not, this
man started running after me, so I wouldn’t escape his home.
I go to the back door and that’s when I put both my hands on the
door ‘cause I knew he was gonna yank me off of it, and that’s
when the door handle broke. When I realized he was not letting
out or that he was not going to let me go, I turn around and I told
him, if you don’t let me out of this apartment, I’m gonna start
screaming for help.
The next thing I know, he grabs me by my hair because apparently
he didn’t like that, that I said that, he grabs me by my hair throws
me to the ground and gets on top of me. He gets on top of me
and . . . at that moment, I just gave up. I was like, I’m not gonna
make it out of this house tonight or right now, he’s gonna strike
me in such a way that like I just was ready for whatever was
coming.
N.T., 7/10/25, at 58-60.
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The record reflects that Appellee testified that the door handle came off
when Appellant tried to take Appellee’s hands off the handle and that Appellant
pulled Appellee’s hair after he yanked her hands off of the handle. See N.T.,
4/28/25, at 7; N.T., 7/10/25, at 58-60. Rather than illustrating that Appellee’s
narrative changed and that she was therefore not credible, the record
comfortably supports the trial court’s crediting of Appellee’s version of events.
Accordingly, after our review of the record, we find no merit to this or any of
Appellant’s other arguments in support of his due process claim. See E.K.,
237 A.3d at 519, 523; S.G., 233 A.3d at 907.2
Abuse – ‘Reasonable Fear’
In challenging the trial court’s finding of “abuse,” Appellant contends
that Appellee’s conduct before and after the incident of February 22-23, 2025
was inconsistent with her having a “reasonable fear of imminent serious bodily
injury.” See Appellant’s Brief at 56-62. Specifically, Appellant claims that
Appellee’s ‘reasonable fear’ must be demonstrated by conduct consistent with
“what a reasonable person experiencing genuine fear would do.” Id. at 57.
Purporting to cite to Fonner v. Fonner, 731 A.2d 160, 163 (Pa. Super. 1999),
Appellant argues that the trial court “erred as a matter of law” when it
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2 Appellant also argues that the trial court erred in crediting Appellee’s
testimony that she suffered a panic attack without “expert testimony to
establish a causal link between an event and a specific medical condition.”
Appellant’s Brief at 36. Because Appellant fails to identify where in the record
he raised an objection to this testimony, we find this argument waived. See
Pa.R.A.P. 302(a); see also Pa.R.E. 103(a); Pacheco, 227 A.3d at 373.
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“credit[ed Appellee’s] subjective explanation that she was ‘so physically
exhausted that she agreed to stay overnight’” because the ‘reasonable fear’
“standard is objective, not subjective.” Id. at 56-57 (citing Trial Ct. Op.,
11/13/25, at 22). Because Appellee proactively engaged with Appellant “in
the days leading up to” the events of February 22-23, 2025, Appellant
contends that “Appellee did not fear [him].” Id. at 59. Rather, in Appellant’s
view, the evidence “supports an inference that the PFA petition was filed in
retaliation for [Appellee’s] grievances, not out of reasonable fear.” Id. at 52.
Appellant claims that the most obvious example that Appellee did not
fear “imminent serious bodily injury” was that she failed to use a “clear
opportunity to escape” when Appellant temporarily left his house during the
incident to attend to his vehicle. Id. at 62. Rather, Appellant finds that
Appellee’s conduct reflected that she “felt safe enough to remain, to sleep
beside [him], to accept assistance, and to later voluntarily re-engage in
communication” and, further, Appellant provides an itemized list of what he
would have done differently that evening had he been Appellee. Id. at 62-
63. Appellant argues he did not ‘abuse’ Appellee because she voluntarily
entered his house on the evening of February 22, 2025, the incident was “the
only time Appellant was ever physical during their entire relationship,” and
Appellee did not file her PFA petition until three weeks after the incident. Id.
at 64-65.
The PFA Act defines ‘abuse,’ in relevant part, as “acts between . . .
sexual or intimate partners[,]” that place the petitioner “in reasonable fear of
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imminent serious bodily injury.” 23 Pa.C.S. § 6102(a)(2). This Court has
recognized that the “primary goal” of the PFA Act is to prevent “physical and
sexual abuse” and that a trial court’s objective in PFA proceedings “is to
determine whether the victim is in reasonable fear of imminent serious bodily
injury.” E.K., 237 A.3d at 519 (citations and quotation marks omitted).
Preliminarily, we note that Appellant references Fonner for the
proposition that whether a PFA petitioner had a reasonable fear of serious
bodily injury “is an objective standard—the petitioner's subjective feelings are
insufficient; the fear must be one that a reasonable person in the same
circumstances would experience.” See Appellant’s Brief at 56 (purporting to
cite Fonner, 731 A.2d at 163). Fonner, however, does not support this
proposition. The closest that Fonner comes to supporting this proposition is
where it states that “the victim's fear of serious bodily injury must simply be
reasonable” in the view of the trial court and the victim need not establish
“actual physical violence.” Fonner, 731 A.2d at 163; see also Pa.R.A.P.
2119(a) (requiring that argument in appellant’s brief cite to pertinent
authority).
Here, Appellant’s arguments both mischaracterize precedential
authority and attempt to appropriate the trial court’s authority to weigh
evidence and determine credibility. After our review of the record, we
conclude that the trial court was comfortably within its discretion to credit
Appellee’s testimony about being in “reasonable fear of imminent serious
bodily injury” as a result of Appellant’s conduct – conduct that Appellant
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concedes included him ‘getting physical’ with Appellee – to conclude that
Appellant had abused Appellee. See 23 Pa.C.S. § 6102(a)(2); see also E.K.,
237 A.3d at 519, 523; S.G., 233 A.3d at 907; Fonner, 731 A.2d at 163.3
Three-Year PFA Term
Lastly, objecting to the maximum three-year term of the final PFA order,
Appellant argues that “PFA orders must be remedial, not punitive” and that
the maximum term was unjustified because he had “no history of prior or
subsequent violence, perfect compliance [in terms of no contact with Appellee
during the term of the temporary PFA order], and [posed] no ongoing threat.”
See Appellant’s Brief at 70-72 (purporting to cite to Snyder v. Snyder, 629
A.2d 977, 980 (Pa. Super. 1993).
Appellant’s purported supporting authority in Snyder, however, does
not support this proposition; instead, it states that “the primary goal of the
Act is not retrospective punishment but advance prevention of physical and
sexual abuse” or, in other words, “to bring about a cessation of abuse.”
Snyder, 629 A.2d at 981 (citations omitted and some formatting altered);
see also Pa.R.A.P. 2119(a) (requiring that argument in appellant’s brief cite
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3 In challenging the finding of ‘abuse,’ Appellant also argues that Appellee
failed to establish abuse pursuant to the “course of conduct” definition under
the PFA Act. See Appellant’s Brief at 66-70; see also 23 Pa.C.S. § 6102(a).
Because ‘abuse’ may be established by “[t]he occurrence of one or more of
the [enumerated] acts” under the statute,” Appellee was only required to
prove one of the those acts to establish her right to a PFA order and, here,
the trial court credited Appellee’s testimony that she was in reasonable fear
of imminent serious bodily injury, an enumerated act. See 23 Pa.C.S. §
6102(a); see also Trial Ct. Op., 11/13/25, at 21-22.
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to pertinent authority). Accordingly, after our review of the record and mindful
of the PFA Act’s goal of preventing future abuse, we find no merit to
Appellant’s arguments. See 23 Pa.C.S. § 6102(a)(2); see also E.K., 237
A.3d at 519, 523; Snyder, 629 A.2d at 981.
Finding no merit to any of Appellant’s claims, we affirm the PFA order.
Order affirmed. Jurisdiction relinquished.
Date: 11/10/2026
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