“I've violated my PFA order, so I might as well continue to violate it. The damage is already done. I can't make it worse.”

Wrong.

Continued violations of a Protection from Abuse (PFA) order can — and likely will — compound charges until you are facing a felony or significant jail time. While it's obviously better to never breach your PFA, a single infraction is always preferred to multiple. Just ask Robert Brennan, an 83 year-old man from Lower Moreland.

What Not To Do — A Real-Life Example

In July of this year, Brennan was arrested and cited with felony criminal trespassing in addition to misdemeanor counts of stalking. All of this was in defiance of a PFA held against him by his ex-wife, who is considered legally incapacitated (due to her age and mental wellbeing).

Prior to this, Brennan received ample warnings and opportunities to stop engaging with his ex. He heeded none of them. After being served the PFA, he was at her house that very same night. Naturally, he was arrested.

As it was his first PFA violation, he was released while he awaited court. At this point, the sensible thing to do would have been to contact a lawyer and refrain from any further contact with the plaintiff — but that is not what Brennan did. He went back to his ex's home, over and over again. Needless to say, he did not help his cause.

The Consequences of Violating PFA Orders

PFA violations come with varying punishments. The order itself is a civil matter, which means that criminal charges are only brought if the PFA is breached. Minor and first-time violations are typically prosecuted as an indirect criminal contempt of a PFA order — although certain infractions, such as a failure to give the plaintiff financial support as specified in the order, might only lead to civil penalties.

Repeated violations generally transcend the “indirect” modifier. It's difficult to argue that you have violated the PFA unintentionally if you continue to do it after you've already been charged. Instead of facing $1,000 in fines and up to 6 months of jail time, you could find yourself facing misdemeanors — or even felony charges like Robert Brennan — along with the penalties relevant to those crimes. The PFA contempt charges can then be tacked on top of those to enhance sentencing. Your situation can get very messy in a hurry.

Retain an Experienced PFA Attorney

When you have been served with a PFA order, the smartest thing to do is reach out to a lawyer. Getting a knowledgeable professional on your side is the best way to minimize the impact the PFA will have on your life.

Our Criminal Law Team knows Pennsylvania's protection from abuse laws inside and out. If you have violated your PFA order, or if you simply wish to stay on the right side of the law, our expert Criminal Law Team at the LLF Law Firm can help. Reach out online or by calling 888-535-3686.