Protection From Abuse Series (Part 5)

Protection from Abuse Order Violations

When an abused party receives a final PFA Order, the abuser must strictly adhere to its terms. Violating a PFA Order can have severe consequences. A PFA violation (contempt) occurs when the abuser knowingly disregards the terms of the PFA Order.  Some common examples include:

• directly contacting the abused party through calls, texts, or in-person communications.
• entering protected property
• indirect contact such as sending messages through mutual acquaintances or social media.
• Showing up at locations that the abused party frequents, such as their home, work or school, especially if that location is specifically identified in the PFA Order.
• possessing a firearm.

Violating a PFA is considered indirect criminal contempt, which is a first-degree misdemeanor in Pennsylvania. 

This charge can lead to significant penalties, including:

• a fine of up to $1,000.
• imprisonment or probation of up to six months in county jail.
• driver’s license suspension.
• extension of the underlying PFA Order.
• court mandated counseling/substance abuse programs.
• negative impact on custody matters
• effecting eligibility for visas, green cards or citizenship applications

If the police directly witness the PFA violation, the abuser would likely be charged and arrested on the spot for Indirect Criminal Contempt. In the event the police do not witness the conduct, they could still file charges for indirect criminal contempt if the conduct warrants such action. If the abuser is arrested, they could remain incarcerated until the PFA contempt Hearing. 

An abused party can also file for a PFA contempt Hearing at the county courthouse, and the abuser would be served with a PFA contempt hearing notice by the Sheriff’s office. If the abuser fails to appear, the abuser could be found guilty and/or a bench warrant could be issued for the abuser’s arrest.

KEY TAKEAWAYS

I. For defendants:

Compliance with a PFA Order is non-negotiable.  Violating a PFA Order can lead to life altering consequences, so it is essential to fully understand the terms of the PFA Order.

II. For protected parties:

If you believe the PFA Order is being violated, it is crucial to document the incident and to contact law enforcement immediately.  Violations are taken seriously, and the court will act to ensure your safety.

Regardless of whether you are facing a PFA violation or believe a PFA Order is being violated, it is important that you understand all of the options on the table.  The experienced PFA attorneys at Obermayer Rebmann Maxwell & Hippel, LLP can help you file a Protection from Abuse Petition or defend a claim made against you.

The information contained in this publication should not be construed as legal advice, is not a substitute for legal counsel, and should not be relied on as such. For legal advice or answers to specific questions, please contact one of our attorneys.