Criminal Contempt in PFA Orders Pennsylvania

When accusations of domestic violence arise, they can instantly turn a person’s private life into a chaotic and stressful situation. The immense pressure from societal judgment and legal scrutiny can feel overwhelming, often causing collateral damage to your reputation and relationships. While Pennsylvania law does not have a standalone statute specifically named “domestic abuse,” these types of incidents are prosecuted under various other sections of the criminal code, making the legal landscape complex to navigate.

To address issues of domestic violence, the state legislature passed the Protection from Abuse Act. This law is designed to provide quick legal protection for victims. However, for the accused, it presents a significant legal hurdle. If you, or someone close to you, are facing the possibility of a Protection from Abuse (PFA) order, or if you have already been served with one, it is critical that you do not ignore it. You must seek professional assistance promptly. In Berks County, a skilled Morgantown criminal lawyer can provide the guidance necessary to protect your rights and help you understand the charges against you.

While PFA hearings typically take place in civil court, the implications of these orders are far-reaching. It is a common misconception that because it starts in civil court, it isn’t serious. However, any alleged act of violence or violation of the established order is treated as a criminal offense. Because the term “domestic abuse” can be interpreted in various ways, understanding the specific boundaries of your order is vital. Without proper legal counsel, you might inadvertently violate the terms. At Mountaineer Law Group, Morgantown DUI attorneys have aggregated crucial information regarding PFA orders and their potential criminal consequences to help you stay informed.

What Does a PFA Order Mean?

A PFA order is a court mandate—which can be issued on a temporary or final basis—by a civil court. Its primary purpose is to offer protection to individuals who claim they are victims of abuse by a partner or family member. If your spouse, partner, or family member has served you with a PFA, you must fully comprehend the restrictions it places on you. These are not suggestions; they are legal requirements. Often, individuals facing these orders consult a Morgantown DUI attorney to understand the full scope of the restrictions, especially if substance use was an alleged factor in the incident.

Here are the key provisions you typically must follow:

• Restraining Order: This is the core of the PFA. You are strictly prohibited from approaching the plaintiff. This usually means you cannot go to their residence, their place of employment, or their school.
• Communication Restrictions: You must cease all contact immediately. This is comprehensive. You cannot call, text, email, or message them on social media. Furthermore, you cannot attempt to contact them through third parties, meaning you cannot ask friends or relatives to deliver messages for you.
• Harassment and Stalking: It is explicitly illegal to harass or stalk the plaintiff. Any behavior that could be interpreted as following, watching, or harassing the individual will be used against you.
• Child Custody: If you share children under the age of 18 with the plaintiff, the PFA will likely address custody. Typically, immediate custodial rights are granted to the plaintiff, and your access to your children may be suspended or strictly supervised.
• Social Media Silence: In the digital age, this is crucial. You should avoid making any posts, comments, or content related to the case or the plaintiff on social media. This includes blogging, vlogging, live streaming, or status updates.

Because a PFA order significantly curtails your civil liberties and rights, it is essential that you carefully consider your legal options, including speaking with a qualified Morgantown criminal lawyer. Navigating this alone can lead to mistakes that have long-term consequences.

PFA Order Violation and ‘Indirect Criminal Contempt’

If a PFA order has been issued against you, you must proceed with extreme caution in your daily life. In Pennsylvania, even a minor slip-up can lead to a charge of “indirect criminal contempt.” The courts view domestic abuse as a severe violation of public trust and safety. Consequently, they impose harsh penalties for non-compliance. These offenses are categorized alongside serious criminal activities and can even trigger hate crime designations in specific circumstances.

If you are found to have violated the order, you will be charged with an “indirect criminal offense.” The punishment for this violation can include up to six months in jail and a fine of up to $1,000. This is in addition to any other criminal charges that might arise from the incident itself. If you find yourself in this precarious position in Berks County, you need immediate representation. An experienced Morgantown criminal lawyer can help build a defense to minimize the impact on your future.

Do not leave your freedom to chance. You need the expertise of Sean Logue. With years of dedicated experience and a proven track record, he is prepared to handle the complications of your PFA order. Whether you are dealing with domestic allegations or related charges, contacting a Morgantown DUI attorney and criminal defense specialist like Sean is your best first step. Call (304) 381-3656 today for a complimentary consultation!