Pennsylvania law allows domestic violence victims to obtain protection from abuse orders. These orders impose various conditions or restrictions on defendants. However, if a defendant violates a PFA order, they may face indirect criminal contempt charges (ICC). When prosecutors or the plaintiff in an underlying domestic violence case accuse you of violating a PFA order, get experienced legal advocacy to help defend your rights and interests against indirect criminal contempt charges. Contact a Pennsylvania criminal defense attorney at Chieppor & Egner LLC today for an initial case evaluation to discuss how our firm can assist you with fighting your charges.

Why Choose a Criminal Defense Attorney from Chieppor & Egner LLC?

A charge of indirect criminal contempt can have significant consequences for your reputation, freedom, and future, making your choice of legal representation for your case one of the most important decisions you may make. Turn to a criminal defense lawyer from Chieppor & Egner LLC to help you pursue a favorable resolution to indirect criminal contempt charges because:

• Our founding attorneys, Jonathan Chieppor and Alex Egner, founded our firm to provide clients with professional, dedicated, and personalized legal representation and to guide them through challenging legal situations.
• Our team has a deep background in Pennsylvania criminal law. Attorney Jonathan Chieppor previously served as a prosecutor in the Lancaster County District Attorney’s Office. Attorney Alex Egner previously worked in the Lancaster County Public Defender’s Office. Our insights from both sides of the criminal courtroom allow us to develop legal strategies based on how prosecutors prepare and present criminal cases. 
• You can rest assured that our attorneys will work tirelessly to provide you with outstanding legal advocacy and guidance, making facing prosecution for indirect criminal contempt less stressful and helping you seek a fair, favorable outcome to your case.

Understanding Indirect Criminal Contempt Charges

In Pennsylvania, violating the terms of a protection order issued by a Pennsylvania court, a protection order issued by a court in another state, or a court-approved consent agreement may lead to the filing of charges of indirect criminal contempt against an individual subject to the protection order or consent agreement. Law enforcement or a plaintiff in a domestic violence case can file indirect criminal contempt charges with the court that issued the protection order or in the county where the violation occurred. 

Indirect criminal contempt charges do not preclude police or prosecutors from bringing other criminal charges against a defendant for the conduct that allegedly violated a protection from abuse order. Examples of other criminal charges that may accompany a charge of indirect criminal contempt include:

• Assault
• Strangulation
• Sexual assault
• Rape
• Involuntary deviate sexual intercourse
• Indecent assault
• Recklessly endangering another person
• Kidnapping
• Unlawful restraint
• False imprisonment
• Terroristic threats
• Stalking

Defendants facing indirect criminal contempt charges do not have the right to a jury trial. Instead, prosecution for indirect criminal contempt occurs through a bench trial, where the judge decides the verdict. However, a defendant charged with indirect criminal contempt has the right to legal counsel. 

Penalties and Consequences for Indirect Criminal Contempt

A conviction for indirect criminal contempt can carry various penalties and consequences for defendants. First, a court may impose a criminal sentence upon a defendant that can include:

• A fine of $300 to $1,000
• Up to six months of imprisonment
• Up to six months of supervised probation instead of imprisonment

A court may also issue an order modifying the existing protection from abuse order, such as by strengthening the restrictions on the defendant or extending the duration of the order. 

Upon a defendant’s release from incarceration, law enforcement officials must notify the plaintiff in the underlying domestic violence case of the defendant’s release, including the terms and conditions imposed on any temporary release for incarceration (such as work release, furlough, or medical leave). 

A defendant facing indirect criminal contempt charges may also face other criminal charges arising from the underlying violation. As a result, defendants could receive additional criminal sentences that increase the penalties imposed for violating a protection from abuse order. 

A criminal conviction can have other long-term consequences for defendants, including a criminal record. The stigma of a criminal record that includes a conviction for indirect criminal contempt and other offenses can make it challenging to pursue employment, housing, or educational opportunities.

Because indirect criminal contempt charges can affect your reputation, freedom, and future, you need experienced legal guidance and advocacy to help you protect your interests and pursue a favorable resolution to your case. 

Defenses to Indirect Criminal Contempt Charges

A person charged with indirect criminal contempt in Pennsylvania may pursue various defense strategies to avoid conviction and criminal penalties. Examples of defenses against indirect criminal contempt charges include:

• Unintentional Violation/Lack of Intent – A defendant may assert that they did not intend to violate the PFA order or that they committed an inadvertent, minor violation, such as going to a store at the same time as the plaintiff without knowing the plaintiff went to the store. 
• Lack of Ability to Comply with the PFA Order – Defendants may argue that circumstances beyond their control, such as financial difficulties, rendered them unable to comply with a provision of the PFA order they allegedly violated. 
• Necessity – In a necessity defense, a defendant may argue that they violated a PFA order to prevent greater harm; for example, a defendant may have contacted the plaintiff for information to address a medical emergency suffered by a child they shared. 
• Lack of Notice of the Order – A defendant may contest indirect criminal contempt charges by proving their alleged violation of the PFA order occurred before they received a copy of the order to learn what conduct they could not engage in.
• Mistaken Identity/Alibi – Defendants may assert that they were not the person who committed the alleged violation by challenging a victim’s or eyewitness’s identification or by presenting alibi evidence to prove they were elsewhere when the alleged conduct occurred.
• Unlawfully Obtained Evidence or Statements – A defendant may seek to exclude evidence from the prosecution’s case by arguing that police obtained evidence through an unlawful search or statements from the defendant during a custodial interrogation where officers failed first to advise the defendant of their rights. 

How Can an Attorney Help You Resolve Indirect Criminal Contempt Charges?

When the police charge you with indirect criminal contempt, a criminal defense attorney from Chieppor & Egner LLC can help you pursue a favorable outcome to your case by:

• Thoroughly investigating the charges to obtain evidence that may support various defenses
• Reviewing the facts and evidence in your case to evaluate case strategies
• Explaining your charges and the potential consequences to you to help you make informed decisions about how to respond to the prosecution
• Challenging weaknesses in the prosecution’s case, including moving to exclude unlawfully obtained evidence or dismiss your charges due to a lack of evidence to establish probable cause
• Pursuing every avenue to obtain a positive outcome, even if that means taking your case to trial

Contact Our Firm Today for Experienced Advice and Guidance

If you face charges of indirect criminal contempt for allegedly violating a protection from abuse order, you need experienced legal counsel to help you protect your rights, reputation, and freedom. Contact Chieppor & Egner LLC today for a confidential consultation with a domestic violence defense attorney to discuss your options for pursuing a favorable resolution to your charges.