Blog

Online and Indirect Communications Can Violate a PFA

Posted by Joseph D. Lento | Feb 21, 2023 | 0 Comments

A Protection From Abuse order (PFA) in Pennsylvania forbids a defendant from contacting a victim directly or indirectly. Knowing what kind of conduct to avoid is crucial for a defendant because violation of a PFA can result in criminal charges and up to six months in jail.

The specific terms of PFAs vary from case to case, but generally, a defendant who contacts the named victim in any way — including online or through a third party — may be in violation of the PFA. Even a seemingly harmless text message can constitute a violation under Pennsylvania law.

Facebook “Likes,” Messages, and Posts Can Violate a PFA

In Pennsylvania, courts have found that defendants violated their PFAs by “liking” posts on Facebook, sending Facebook messages, and posting Facebook comments.

In 2015, a Pennsylvania man was found to have violated the no-contact provision of a PFA by “liking” 22 videos and photos on the victim's Facebook page.

In March of 2022, police arrested a Howard man for violating a PFA by contacting the victim through Facebook calls and messages.

In 2016, a Pennsylvania court upheld a finding that the defendant violated a PFA by writing Facebook posts on his own page that alluded to the victim and their relationship, even though the defendant did not use the victim's name. The case involved a PFA that prohibited any direct or indirect contact with the victim and also specifically stated that the defendant could not post any remarks about the victim on any social media network.

The case law regarding what constitutes contact online or on social media with regard to PFAs is evolving, and what constitutes a PFA violation will likely be determined on a case-by-case basis. The Criminal Defense Team at the LLF Law Firm has years of experience navigating these complex issues.

Communication Through Another Person Can Violate a PFA

Communication made through another person can also violate a PFA.

In a 2016 case, a Pennsylvania court found that a defendant violated a PFA when, in a parking lot, he asked his daughter to ask his wife, who was also in the parking lot, whether she had spoken to her lawyer about the sale of their former home. Even though the wife responded by shouting her response from across the parking lot, the defendant was later charged with violating his PFA based on the communication he made with his wife through their daughter.

Contact An Attorney Who Has Experience With PFAs

The consequences of violating the terms of a PFA are significant. If you have been accused of violating a PFA, are unsure about the terms of a PFA, or are seeking guidance about how to comply with a PFA, it's important to work with an attorney who has experience with the nuances and complexities of PFAs in Pennsylvania. Contact our Criminal Law Team and our experienced team at the LLF Law Firm at (888) 535-3686, or submit a confidential online consultation form.

About the Author

Joseph D. Lento

"I pride myself on having heart and driving hard to get results!" Attorney Joseph D. Lento passionately fights for the futures of his clients in criminal courtrooms in Philadelphia and across Pennsylvania as well as in New Jersey and nationwide. He does not settle for the easiest outcome, and instead prioritizes his clients' needs and well-being. With unparalleled experience occupying several roles in the criminal justice system outside of being an attorney, Joseph D. Lento can give you valuable behind-the-scenes insight as to what is happening during all phases of the legal process. Joseph D. Lento is licensed in Pennsylvania, New Jersey, and New York, and is admitted pro hac vice as needed nationwide. In the courtroom and in life, attorney Joseph D. Lento stands up when the bell rings!

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Comments have been disabled.

Contact Us Today!

The LLF Law Firm Team has decades of experience successfully resolving clients' criminal charges in Philadelphia and the Pennsylvania counties. If you are having any uncertainties about what the future may hold for you or a loved one, contact the LLF Law Firm today! Our Criminal Defense Team will go above and beyond the needs of any client, and will fight until the final bell rings.

This website was created only for general information purposes. It is not intended to be construed as legal advice for any situation. Only a direct consultation with a licensed Pennsylvania, New Jersey, and New York attorney can provide you with formal legal counsel based on the unique details surrounding your situation. The pages on this website may contain links and contact information for third party organizations - the Lento Law Firm does not necessarily endorse these organizations nor the materials contained on their website. In Pennsylvania, Attorney Joseph D. Lento represents clients throughout Pennsylvania's 67 counties, including, but not limited to Philadelphia, Allegheny, Berks, Bucks, Carbon, Chester, Dauphin, Delaware, Lancaster, Lehigh, Monroe, Montgomery, Northampton, Schuylkill, and York County. In New Jersey, attorney Joseph D. Lento represents clients throughout New Jersey's 21 counties: Atlantic, Bergen, Burlington, Camden, Cape May, Cumberland, Essex, Gloucester, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Ocean, Passaic, Salem, Somerset, Sussex, Union, and Warren County, In New York, Attorney Joseph D. Lento represents clients throughout New York's 62 counties. Outside of Pennsylvania, New Jersey, and New York, unless attorney Joseph D. Lento is admitted pro hac vice if needed, his assistance may not constitute legal advice or the practice of law. The decision to hire an attorney in Philadelphia, the Pennsylvania counties, New Jersey, New York, or nationwide should not be made solely on the strength of an advertisement. We invite you to contact the Lento Law Firm directly to inquire about our specific qualifications and experience. Communicating with the Lento Law Firm by email, phone, or fax does not create an attorney-client relationship. The Lento Law Firm will serve as your official legal counsel upon a formal agreement from both parties. Any information sent to the Lento Law Firm before an attorney-client relationship is made is done on a non-confidential basis.

Menu