…felony of the second degree if committed in a habitation…

Today, I learned that if a woman:

• is in the process of getting a low-cost divorce
• has filed for a protective order 
• and called the cops to her house four times in the previous two days (once for an assault family violence);

if her soon-to-be ex-husband:

• breaks through the window of her residence, 
• in which he has not lived for five months, 
• has no personal property
• is not on the lease, 
• and commits an assault against a third party;

the husband will be free to leave with no consequences as the two are still legally married.