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PFA Orders – The Dos and Don’ts
Domestic violence is a serious issue in West Virginia, and the legal system in the state has taken definitive steps to protect survivors. One such measure allows victims to file a Protection from Abuse (PFA) petition against the accused. This legal move is designed to shield victims from both physical and mental harm. Statistics reveal a 5% rise in PFA cases in Weirton over the past five years, underscoring the persistent severity of domestic violence.
If you are dealing with a PFA order or you’ve already been charged, it’s imperative to consult with an experienced legal professional. A skilled criminal lawyer can provide the guidance and expertise you need to determine your next steps. Defendants must act cautiously under state guidelines, as even a minor mistake can lead to contempt of the PFA, which may result in penalties or fines.
Want to better understand what you should and shouldn’t do when dealing with a PFA order? Keep reading for advice from the Weirton criminal lawyer at Logue Law Group.
What Not to Do After Receiving a PFA Order
If you’ve found yourself notified of a PFA charge, it’s natural to feel confused and unsure about how to proceed. Domestic violence accusations carry severe connotations, both legally and socially, and being found in contempt of a PFA order can make matters even worse.
To protect yourself from potential contempt charges, it’s crucial to understand the details of your specific PFA order. PFAs are classified into three main types:
- Emergency PFA
- Ex-parte PFA
- Final PFA
Most individuals are served with emergency or ex-parte PFAs, as final PFAs are typically issued in cases involving extreme circumstances. Regardless of the type of PFA issued, there are certain actions you should strictly avoid.
Key Actions to Avoid After a PFA is Charged:
- Do Not Initiate Contact With the Plaintiff
Avoid any form of communication with the plaintiff, including phone calls, text messages, emails, or attempts to relay a message through a third party. Even a casual “hello” via text can be used as evidence against you in court and lead to severe repercussions.
- Do Not Ignore Legal Guidance
Consult a skilled Weirton DUI attorney or criminal lawyer for advice. Their expertise will help you address the unique complexities of your PFA order and reduce the risk of making costly mistakes.
- Do Not Violate the Terms of the PFA
Abiding by the PFA’s terms is essential. Violating the protective measures outlined in the order can result in a minimum punishment of six months in jail or a $1,000 fine under West Virginia law. Protecting your rights begins with following the law to the letter until the court makes any adjustments.
What to Do After Being Charged with a PFA
If you’ve just received a PFA order and feel unsure about your next steps, don’t panic. The following actions can help you take appropriate measures and protect yourself throughout the legal process.
Steps to Take After Being Served a PFA:
- Hire a Skilled Criminal Lawyer
Securing legal representation should be your top priority. An experienced Weirton DUI attorney or criminal lawyer, like Attorney Sean Logue, can provide clarity and support when navigating the complexities of PFA cases.
- Review the PFA Order Thoroughly
Examine the details of the PFA order carefully. These orders often come with specific restrictions, such as prohibiting firearm ownership, no-contact provisions with family or friends of the plaintiff, or limited interactions with minor children. Understanding these conditions can help you avoid unintentional violations.
- Comply with All Legal Requirements
Compliance is critical for your case. Follow all instructions in the PFA order until the court modifies the terms, if applicable. Courts take violations of PFAs seriously, and any misstep could have long-term consequences for both your case and your reputation.
- Seek Expert Advice
Consult with a seasoned attorney who specializes in PFA cases. Weirton DUI attorney Sean Logue, a leading legal expert in Weirton, is available to guide you through such matters. Call 844.PITT.DUI for a free consultation and begin building your defense.
Why Legal Representation Matters in PFA Cases
Navigating a PFA order without professional legal counsel is risky. Specifics of PFA law often vary depending on your situation, so working with a knowledgeable lawyer ensures that you avoid serious pitfalls. Skilled attorneys can also identify opportunities to contest inappropriate charges or request modifications to the terms of the PFA.
Remember, staying informed and adhering strictly to the legal guidelines is the best way to protect yourself from potential consequences. By teaming up with an experienced Weirton criminal lawyer, you’re giving yourself the advantage of professional expertise and advocacy.
By taking the correct steps promptly, you can safeguard your future while ensuring compliance with the law. If you have any questions or need assistance with a PFA matter, reach out to Attorney Sean Logue at 844.PITT.DUI today.