Pennsylvania Protection From Abuse (PFA) Defense Attorney

At Grace Legal Offices, we understand that facing a Protection From Abuse order can be a deeply unsettling experience. Pennsylvania law defines “abuse” broadly, encompassing a range of harmful behaviors.

• Acts of Violence: Abuse includes acts such as attempting to cause or intentionally cause bodily injury, serious bodily injury, statutory sexual assault, and aggravated indecent assault.

• Threats of Harm: Placing another person in “reasonable fear of imminent serious bodily injury” is also considered abuse under the law.

• False Imprisonment: The law recognizes false imprisonment, as defined in 18 Pa.C.S. § 2903, as a form of abuse.

• Child Abuse: Physical or sexual abuse of minor children, as defined in Chapter 63 of the Pennsylvania Code (relating to child protective services), constitutes abuse under the PFA law.

• Stalking: “Knowingly engaging in a course of conduct or repeatedly committing acts toward another person, including following the person, without proper authority, under circumstances which place the person in reasonable fear of bodily injury” is specifically defined as abuse within the context of PFA proceedings.

In Pennsylvania, the PFA process begins when an alleged victim files an abuse petition for a PFA at the courthouse. This can be done even without the assistance of a PFA lawyer. The family court may then issue a temporary PFA order, which is granted immediately and remains in effect for 10 days until a final PFA hearing is held. During this time, the alleged abuser must refrain from any contact with the plaintiff and vacate their shared residence.

The final hearing is scheduled within 10 days of the temporary PFA order and requires both parties to appear before a judge. At this point, the presiding judge decides whether to grant or deny the final PFA, which can remain in effect for up to three years.

Indirect Criminal Contempt in PFA Cases

In Pennsylvania, violating a Protection From Abuse (PFA) order is called “indirect criminal contempt.” This means you’ve broken the terms of the order outside the direct view of the court. Common violations include:

• Contacting the protected person: This can include phone calls, texts, emails, social media interactions, or even showing up at their home or workplace.

• Violating the no-contact order: This may involve being within a certain distance of the protected person or their property.

• Failing to vacate the residence: If the order requires you to leave your shared home, failing to do so is a direct violation.

The penalties for indirect criminal contempt are severe:

• Fines: You could face fines of up to $1,000.

• Jail Time: You may be sentenced to up to six months in jail.

• Criminal Record: A contempt conviction will appear on your criminal record, potentially impacting your future employment, housing opportunities, and other aspects of your life.

Criminal Penalties of a PFA Order

If a final PFA order is granted against you, it may have serious implications on various aspects of your life, including your freedom, employment, and personal relationships. These include:

• Mandatory surrender of firearms: If the court finds that you pose a threat to the safety of the plaintiff, you will be required to surrender any weapons in your possession.

• Restriction on child custody and visitation rights: A PFA can limit your rights as a parent by imposing conditions for supervised visits or terminating your custody altogether.

• Impact on employment: A PFA can affect your current or future employment, particularly if it involves a restraining order that prohibits you from approaching the plaintiff’s workplace.

• Negative impact on background checks: A PFA will appear on your record and can have adverse effects on future opportunities, such as housing applications or job interviews.