Violating a Protection From Abuse (PFA) order in place against you can trigger serious consequences. In Pennsylvania, breaking any terms of a PFA can mean more than just a reprimand: it can land you in criminal or civil trouble, affect your custody rights, and impact your professional life.

If you’ve been accused of violating a PFA, a criminal defense attorney can help you navigate the process and avoid severe consequences. Here’s what you need to know.

- Understanding PFA Violations

PFAs are civil orders issued under the Pennsylvania Protection From Abuse Act. Though the PFA is a civil order, a violation can be prosecuted as criminal contempt.

If you’re found guilty of indirect criminal contempt by violating a PFA order, the legal penalties include:

• Criminal conviction: You’ll have a criminal conviction on your record, which can harm your educational, professional, and housing opportunities.
• Jail time: Up to six months imprisonment.
• Fines: Up to $1,000.
• Supervised probation: You may be able to suspend your jail time in favor of six months of supervised probation.

Judges can reserve harsher penalties for repeated violations or aggravating behavior. Subsequent violations may also extend the existing PFA.

Beyond criminal punishment, violating a PFA can trigger civil contempt proceedings. The alleged victim can file a petition for civil contempt. Judges have the discretion to jail you until you comply, up to a maximum of six months. This doesn’t require a criminal conviction, but it can still dramatically disrupt your life.

Police have broad authority to arrest you without a warrant if they have probable cause to believe you violated your PFA. They can also seize firearms and ammunition upon arrest, regardless of a criminal conviction. That means a single violation can strip you of your gun rights. Regaining them later is a bureaucratic challenge.

- What Counts as a PFA Violation?

PFAs typically prohibit:

• Direct contact: This includes calls, texts, emails, DMs, and social media messages.
• In-person contact: In person contact involves going to someone’s home, job, or school, or other places you know they will or may be.
• Indirect contact: You may not ask a third party to communicate on your behalf.
• Harassment or threats: This includes actions causing the protected person to fear violence.
• Entering prohibited places: If your PFA has location restrictions, you may not violate those no-contact zones.
• Possessing firearms: You may not possess guns if the order explicitly forbids it.

Even accidental run-ins in public can count if you don’t immediately leave. A judge may still consider that non-compliance.

- Defenses to PFA Violations

If you’re accused of violating a PFA, you have the opportunity to challenge the charge. Here’s how:

• Get an attorney immediately: You still have the right to counsel, even in contempt proceedings.
• Document everything: Save texts, emails, witnesses, times, and GPS logs. Proving inadvertent or no contact is key.
• Show intent to comply: If you unintentionally crossed the line (like bumping into someone), immediately leaving or calling your lawyer shows you’re trying to obey.
• Challenge the evidence: Your attorney can challenge whether the plaintiff knowingly contacted you or traps were set. They may question the plaintiff’s credibility and demonstrate inconsistencies in their statements.

Remember, civil contempt focuses on compliance, while criminal contempt requires the prosecution to prove their case beyond a reasonable doubt. An experienced attorney can use these distinctions to your advantage, like negotiating for probation instead of jail.

- Talk to Knowledgeable Pennsylvania Criminal Defense Attorneys Today

Chieppor & Egner LLC’s experienced criminal defense attorneys know how to defend those accused of PFA violations. Contact us for a confidential consultation today, and let’s discuss your next steps together.