“It’s Just a Piece of Paper” Is How People End Up in Jail: PFA Violations in Pennsylvania

A Protection From Abuse order is a civil order, and that word “civil” misleads people every day. Violate a PFA in Pennsylvania in any way, and you are not facing a civil problem anymore. You are facing a criminal charge called indirect criminal contempt, arrest, and up to six months behind bars.

If you have been accused of violating a PFA anywhere in Pennsylvania, call the LLF Law Firm Criminal Defense Team at 888.535.3686 or contact us online, and we will start building your defense today.

Under Section 6113 of Pennsylvania’s Protection From Abuse Act, police can arrest you on a credible accusation alone. They do not need to witness anything. Once convicted, Section 6114 sets the penalty for indirect criminal contempt: a fine between $300 and $1,000 plus jail or supervised probation for up to six months, and the court can extend the PFA itself on top of that.

Violence is not a requirement, nor is intent to harm. Standing too close at a public event, sending a letter or text, commenting on social media, or reaching out through a friend can all count as violations. Even if the protected person contacts you first, you can still be charged, because the order applies to you, not them.

Wyoming Borough councilman Russell Herron Jr. was charged with indirect criminal contempt after a June 18 event at Mohegan Pennsylvania, where police say he stood about two feet from an ex-girlfriend protected by a court order. She left and contacted the police. He was jailed.

Just being nearby was enough to bring charges, as this was his second accusation under the same order. His first conviction was for a Facebook post that referenced the woman, which led to six months of probation and a ban on alcohol and places that serve it. Every indirect criminal contempt charge goes through the same kind of hearing, first violation or not. What changes is the outcome a judge is willing to hand down at it. A first violation usually results in probation and restrictions. A second violation, like the one Herron now faces, puts real jail time within reach at that same hearing.

Avoid all contact, both direct and indirect, even if the other person contacts you first. If you have already been accused, act fast, because a judge, not a jury, will decide your case, and the hearing comes within days. To convict you, the Commonwealth must prove the order was clear enough to leave no doubt about what it prohibited, that you knew about it, that your act was voluntary, and that you acted with wrongful intent. Accidental contact, a chance meeting in public, an unclear order, or weak evidence can all be challenged at your hearing. PFA violation charges move quickly, and the consequences can get worse with each new accusation.

If you are facing an indirect criminal contempt charge or any PFA violation in Pennsylvania, call the LLF Law Firm Criminal Defense Team at 888.535.3686 or contact us online, and we will fight to keep a civil order from becoming a criminal record.