What Happens if You Violate a PFA Order in Pennsylvania?
Violating a Protection from Abuse (PFA) order in Pennsylvania is taken very seriously by law enforcement and the courts. Even a minor violation can lead to criminal charges, jail time, and impact your custody arrangements and firearms rights. If you have a PFA order in State College or anywhere in Centre County, it’s crucial to understand what constitutes a violation and the potential penalties involved.
Our criminal defense attorneys at Decker Bradburn represent individuals facing PFA violation charges in State College, PA, and help them understand their legal options.
What Counts as a Violation of a PFA Order?
A PFA order sets specific conditions that the restrained party must follow. Violating any of those conditions can result in criminal charges. Common violations include:
- Contacting the protected party by phone, text, email, or social media
- Appearing at the protected party’s home, workplace, or other restricted locations
- Failing to vacate a shared residence as ordered
- Failing to surrender firearms within the required timeframe
- Having a third party deliver messages on your behalf
One point many people misunderstand: even if the protected party initiates contact with you, responding to that contact can still constitute a violation of the order. The plaintiff’s consent to contact does not invalidate the order, which can only be modified by further order of the court.
What Are the Legal Consequences of a PFA Violation?
A PFA violation is charged as indirect criminal contempt under 23 Pa. C.S. § 6114. This is not a misdemeanor charge under the Crimes Code; it is a contempt charge with its own sentencing framework. Upon conviction, the court may impose:
- A fine of between $300 and $1,000
- Jail time or supervised probation of up to six months
- An extension of the existing PFA order for an additional term, if the plaintiff requests it
Each separate violation can be charged as a separate count of indirect criminal contempt, meaning that multiple violations can result in multiple periods of potential incarceration. A PFA violation can also trigger separate criminal charges under the Pennsylvania Crimes Code if the underlying conduct constitutes an independent offense, such as harassment or stalking.
Can You Be Arrested Without a Warrant for a PFA Violation?
Yes. Law enforcement officers are required to arrest a person for a PFA violation without a warrant when they have probable cause to believe a violation occurred. A complaint from the protected party can be sufficient to trigger an immediate arrest.
How Does a PFA Violation Affect Custody?
A finding of indirect criminal contempt can affect pending or existing custody arrangements. Courts may consider a PFA violation in their assessment of a party’s fitness as a parent, and existing custody agreements may be reopened for reconsideration following a violation.
What Should You Do if You Are Accused of Violating a PFA?
If you have been accused of violating a PFA order, avoid any further contact with the protected party and contact a criminal defense attorney as soon as possible. Do not attempt to resolve the situation on your own or reach out to the other party to explain yourself, as doing so could result in additional violations and additional charges.
An attorney can review the circumstances of the alleged violation, evaluate whether the accusation is supported by the evidence, and represent you at the contempt hearing.
Contact Our Criminal Defense Attorneys in State College, PA
A PFA violation charge can carry real consequences, including jail time, fines, a longer PFA order, and harm to your custody case. The attorneys at Decker Bradburn are ready to help you understand your rights and prepare a defense. Call 814-308-8895 or contact us online to arrange your confidential consultation today.