PFA Violations in Pennsylvania

When addressing issues of domestic violence within the Commonwealth of Pennsylvania, it is essential to understand that there is no single, isolated statute solely for “domestic abuse.” Instead, these offenses are typically prosecuted under a variety of associated criminal charges, such as assault, harassment, or stalking. Because of this legal structure, receiving a Protection From Abuse (PFA) notice is a critical matter that demands immediate and serious attention. Many defendants feel confused about how this civil order impacts their daily lives and criminal record. Due to the intricate nature of these court orders, it is unfortunately common for individuals to unintentionally violate the terms. At Mountaineer Law Group, serving Berks County, our goal is to offer clear, accurate guidance on PFA orders to help you avoid the severe repercussions of non-compliance.

What is a PFA Order?

A Protection From Abuse (PFA) Order is a legal directive issued by a court to protect an individual from alleged physical, emotional, or psychological abuse. These orders are commonly handled in criminal and family court settings, and consulting an experienced Morgantown criminal lawyer can be critical if you are accused or involved in a PFA proceeding. It is important to understand that PFAs apply to a wide range of domestic relationships—you do not need to be married to be subject to one. Cohabitating partners, family members, former partners, and individuals in intimate relationships may all petition the court for protection.

Generally, you will encounter two primary categories of PFA orders during the initial stages: Emergency and Ex-parte. An Emergency PFA is typically sought when the accuser believes they are in immediate danger, often when the courts are closed. These are temporary measures, usually valid only until the next business day or specific time, after which the court decides on the next steps. Conversely, an Ex-parte PFA is a temporary order granted by a judge based solely on the plaintiff’s testimony before a final hearing takes place.

Regardless of the specific classification of the order you are facing, strict adherence to its terms is mandatory while the case is being handled by the legal system. Any failure to comply, known as contempt, can lead to drastic penalties. To navigate this difficult terrain, it is highly advisable to consult with a qualified Morgantown criminal lawyer who can explain the specific obligations placed upon you.

What Does a PFA Order Contain?

A standard PFA order contains specific provisions and prohibitions that the defendant must adhere to in order to stay out of jail. These documents are often filled with complex legal terminology that can be difficult for the average person to interpret correctly. This is where the expertise of a skilled Morgantown DUI attorney, who is also well-versed in criminal defense and PFA matters, becomes invaluable in interpreting the fine print.

Common restrictions and mandates found in a Pennsylvania PFA Order often include:

• No Contact Provisions: A strict prohibition against contacting the plaintiff or any minor children listed, whether in person, by phone, or online.
• Custody Changes: The temporary relinquishment of custody or parental rights regarding minor children to the plaintiff.
• Eviction from Residence: An order barring the defendant from entering or living in a previously shared residence, effectively evicting them.
• Financial Obligations: Requirements to provide financial support for the plaintiff and any children involved, along with other potential stipulations.

What Happens When a PFA Order Gets Violated?

If a defendant ignores or breaks the terms of a PFA, it is treated as a criminal offense in Pennsylvania, known specifically as Indirect Criminal Contempt (ICC). The state takes these violations incredibly seriously. Police have the authority to arrest the accused immediately upon probable cause of a violation, without a warrant.

The penalties for being found guilty of violating a PFA are significant. A conviction for ICC can result in a jail sentence of up to six months and a fine of up to $1,000. Furthermore, this charge leaves a permanent mark on your criminal record, which can have long-lasting effects on employment and housing opportunities.

To effectively manage the risks associated with these orders, you need the support of a dedicated Morgantown criminal lawyer. Attorney Sean Logue brings extensive experience to the table, defending clients across the region against these serious allegations. With professional legal representation, you can work towards minimizing penalties and protecting your rights. If you are facing a PFA violation or related charges, do not hesitate to reach out for help. A Morgantown DUI attorney like Sean Logue can provide the aggressive defense you need. Schedule a free consultation today by calling (304) 381-3656.