Violation of a Protection from Abuse Order
After the issuance of a protection from abuse order or a “PFA”, the accused must adhere to all of the provisions demanded by the court. The court can compel the accused to perform certain actions, including:
- Surrender all firearms and ammunitions;
- Remain a certain distance from the victim and designated locations; and
- Refrain from all contact with the victim and the victim’s family.
Should the accused not adhere to the terms or violate the PFA, he or she is considered “in contempt of the protection order”. If faced with a contempt order, it is important to contact an experienced domestic violence attorney immediately. Violation of a PFA, commonly referred to as Indirect Criminal Contempt or “ICC”, can lead to serious consequences, including fines, probation, and/or imprisonment.
Chester County Lawyer for Violations of a Protection Order
Indirect Criminal Contempt can have serious consequences, including jail time. It is important to contact an attorney with experience in family law and criminal law to prepare a strong defense on your behalf. The attorneys at Ciccarelli Law Offices have years of experience in both family and criminal law. The attorneys at Ciccarelli Law Offices use a team approach to obtain the most favorable result in your case.
Call (610) 692-8700 or send an online message for a free consultation so we can act as soon as possible. We are based in West Chester PA and serve clients throughout Chester County, Lancaster County and suburban Philadelphia including West Chester, Kennett Square, Oxford, Avondale, Landenberg, West Grove, Paoli, Malvern, Downingtown, Coatesville, Exton, Parkesburg, Berwyn and Devon. You can meet on-one-one with a dedicated Pennsylvania domestic violence defense attorneys at one of our many convenient meeting sites in Lancaster, Philadelphia, Plymouth Meeting, Kennett Square, Malvern, Springfield, King of Prussia, and Radnor. Our family lawyers serve those with immediate legal needs in Chester County, Montgomery County, Delaware County and Lancaster County.
We represent clients in Chester County, Montgomery County, Delaware County, and Lancaster County and throughout the Philadelphia and Southeastern Pennsylvania area.
Violation of a Protection From Abuse Resource Center
- How does an accused or defendant violate a protection from abuse order(“PFA”)?
- What are the consequences for violating a protection from abuse order (“PFA”)?
An accused or defendant violates a protection from abuse order or a “PFA” simply by not following the terms of the PFA as specified by the judge. A PFA may contain any provision which the judge deems necessary for the protection of the victim or plaintiff. The judge generally prohibits contact of any kind with the victim and the victim’s family and requires the defendant to remain a certain distant from the victim and specified locations, such as the victim’s home, school, and work.
Violation or non-compliance with the PFA does not require malicious intent or intent to harm the plaintiff. For example, a defendant may be considered in contempt by sending a non-threatening text message or message on social media, because any form of contact with the victim is prohibited.
It is also important to note the PFA generally does not place any prohibitions on the victims. So, it is possible that the victim or plaintiff may initiate contact; however, the defendant is still not allowed to respond or continue contact with the plaintiff. Any contact made by the defendant may be considered violation and place the defendant in indirect criminal contempt.
A Protection from Abuse Order is a restraining order issued by the court to ensure the safety of a domestic violence victim and his or her family. Violation of these orders is a serious offense requiring immediate law enforcement response because it is presumed the victim and his or her family is in imminent danger.
Should a defendant violate a protection order, the police, sheriff, or domestic violence victim may file criminal charges for violation of a protection order. Violation of a PFA is a first-degree misdemeanor, which permits the court to impose the following punishment if the defendant is convicted:
- Fine of not less than $300, but no more $1,000 and imprisonment of up to 6 months; or
- Fine of not less than $300, but no more $1,000 and supervised probation not to exceed 6 months.
It is highly recommended to consult an attorney experienced in both family and criminal law if faced with contempt of a PFA charges. A skilled attorney will prepare a strong defense and present the best case on your behalf based on your unique circumstances.
Finding an Attorney for Contempt of a Protection Order Defense
If you are facing charges for contempt of a protection from abuse order, it is highly recommended to contact an experienced attorney immediately The attorneys at Ciccarelli Law Offices have substantial, combined experience in both family and criminal law. The Ciccarelli Law Offices will work hard on your behalf.
We work to defend individuals accused of domestic violence and contempt of a protection order throughout West Chester, Downingtown, Coatesville, Lancaster, Lititz, Ephrata, Kennett Square, Landenberg, Oxford, West Grove, Avondale, Exton, Paoli, Philadelphia, and surrounding areas. Call us today at Ciccarelli Law Offices or send an online message for a free consultation.