A final protection-from-abuse order that a woman had sought against Erie County Executive Brenton Davis after an alleged physical assault has been denied.
The decision on Monday came after a roughly five-hour court hearing at which the woman testified as the only witness. The judge, Robert Boyer, of Venango County, said the woman, the plaintiff in the case, failed to carry the burden needed for the imposition of a final PFA.
Boyer, a retired Common Pleas Court judge, handled the case because all the judges on the Erie County Court of Common Pleas recused themselves from hearing the case against Davis.
Hours before the decision, Davis consented to a six-month restraining order that prohibits him from having contact with the two minor children of the woman who sought her own restraining order against him, according to court records. Davis admitted no wrongdoing as part of the consent agreement, according to court records.
The restraining order involving the children is known as a protection-from-intimidation order. It does not include a prohibition against Davis possessing or buying firearms during the duration of the order, according to court records.
The mother of the children got a temporary PFA against Davis last week in a case that involved only her. The temporary PFA included restrictions that prohibited Davis from possessing or buying firearms for as long as a temporary or final PFA was in place. That prohibition is no longer in effect with the denial of a final PFA.
The woman pursued a final PFA against Davis at the court hearing, which started at the Erie County Courthouse late Monday morning.
The court records show Davis consented to the final protection-from-intimidation order involving the children in an agreement docketed at the courthouse at 1:08 p.m. Monday.
In consenting to the final PFI, Davis did not admit to any of the allegations the woman made against him in the temporary PFI, according to the agreement. Boyer granted the temporary PFI and PFA against Davis on Thursday and set Monday’s hearing to decide whether the orders should become final.
A PFI applies to cases in which a person older than 18 is accused of harassing a person who is younger than 18 and does not live with the older person or have a familial relationship to that person. A PFA can apply to a variety of circumstances. In Davis’ case, the woman said she had a prior relationship with him, according to court records.
The woman accused Davis in the temporary PFI of mistreating her children, who are 10 and 11 years old. Among the allegations were that Davis grabbed her son by the neck in January and dragged her daughter by the daughter’s sweatshirt from one room to another in April 2022, according to the petition for the temporary PFI.
Woman took stand against Davis in PFA case
Testifying at the court hearing, the woman described how her 16-month relationship with Davis revolved around fear, intimidation and abuse, all of which culminated on the morning of April 9, which was Easter Sunday, when she alleged that Davis assaulted her at his Millcreek Township home.
In her testimony, the woman described how text messages with Davis the day before the assault she alleged became heated and ended with Davis blocking her and telling her not to contact him.
The woman said she went to his house on April 9 to return an unloaded hunting rifle that Davis had let her son use for hunting. During the encounter, Davis picked her up by the sweatshirt, threw her on the ground and dragged her by the hair for approximately 10 feet, she testified.
“My body was jolted,” she said. “I couldn’t believe what just happened.”
The woman said Davis threatened to have her arrested and that she could lose her children and job for coming to his house uninvited. She also said she did not call the police after the incident because she was afraid of retribution by Davis and that she did not go to the hospital because she was afraid of disclosing Davis’ name.
The woman further testified that Davis would use his dominance to control her, preventing her from leaving the house and seeing friends and family and forcing her to engage in aggressive sexual intercourse that caused bodily harm.
The woman said she sought the PFA because Davis “instilled fear” in her and that he “would make my life a living hell.”
Defense said plaintiff disregarded boundaries
Davis, 41, a Republican elected in 2021, denied the allegations.
His counsel, Erie lawyer Tim George, described the plaintiff as someone who repeatedly violated Davis’ space despite his multiple requests that she stay away.
George pointed to how the woman visited Davis’ home four times to return the rifle on the night before the assault she alleged despite Davis telling her to not call, text or visit him and then blocking her. George also said the woman returned on the morning of April 9 unannounced and entered Davis’ home uninvited.
“You do what you want to do when you want to do it,” George told the woman during cross-examination. “You didn’t want to leave him alone.”
George showed the court multiple photo stills taken from Davis’ home security camera that showed the woman’s car in Davis’ driveway four times on the night of April 8 and multiple times after the assault she alleged occurred April 9.
The woman disputed the accuracy of the photos taken after the alleged assault.
George told the woman she could have left the rifle at Davis’ house, which is situated in a rural, wooded area, instead of knocking on the door and seeing his client in person.
George further displayed text messages from the woman sent just hours after the alleged assault, in which she apologized for her behavior.
The woman maintained she was “conditioned” to feel that way.
George argued the evidence had gone uncontested and that the woman had “intentionally and woefully ignored” Davis’ requests to stay away and was in no danger.
Firearms relinquishment had been part of PFA case against Davis
Davis had to relinquish his firearms to the Erie County Sheriff’s Office due to the granting of the temporary PFA. If a final PFA had been granted against him, he would have been unable to possess or buy firearms for as long as that order would have been in place.
The woman filed for the restraining orders through SafeNet, the Erie-based agency that focuses on the prevention of domestic violence. A lawyer for SafeNet, Bryan Spry, represented the woman.
The woman is identified in court documents but it is generally the Times-News’ policy not to identify subjects in alleged abuse cases without the express consent of those persons.
Davis could have consented to the imposition of the final PFA. In that case, he also would not have been required to admit to the allegations, but would have agreed to have the restraining order extended for a period of time that the judge would have determined. A consent would have avoided a public hearing.
In fighting the requests for final orders in court, Davis forced the woman to prove the allegations by a preponderance of the evidence, the same standard used in civil cases.
A PFA and a PFI are litigated in civil court. A violation of a PFA or PFI is a criminal offense and is prosecuted in criminal court.