A protective order or PFA (protection from abuse) order is a court order that forbids the recipient of the order from doing certain things. These orders are typically filed by a person who believes they are in danger (the plaintiff) and wants to cut contact with the recipient of the PFA order. You likely know that PFAs forbid you from making contact with the plaintiff by going to their home or being within a certain distance of them. But what about interacting with that person online? Do PFAs apply to cyberspace as well as personal physical space?

PFA Orders and Online Comments

While PFAs do protect a person's physical space, they also exist to protect a person from other types of contact. This includes contacting or harassing the plaintiff by telephone, online, and sometimes, even contacting the plaintiff's friends or family members.

In Pennsylvania, a PFA can only be filed by an adult against a family member or member of their household. Minors cannot file a PFA (unless they have been legally emancipated). This means that your spouse or former spouse can file a PFA against you. You don't need to be – or ever have been – legally married, though; the rules apply to any intimate or romantic partner or co-parent, including same-sex partners. Family members and in-laws are protected, as well.

This means that a spouse, partner, or family member can file a PFA against you whether the threatening behavior occurred in person or online. You can still face repercussions, even if you haven't been in the physical presence of the victim. The victim only has to establish that the comments are knowing or willful, are repeated, and that they fear for their safety.

What About Freedom of Speech?

While all Americans are entitled to freedom of speech under the Constitution, courts can still limit conduct. When speech – in the form of oral or written comments – is threatening and becomes a pattern of conduct, the court can issue a PFA to protect the victim.

What if a PFA is Filed Against Me?

If a PFA has been filed against you for making online comments, you need an attorney to represent you and advise you of the proper course of action. The consequences for violating a PFA can be serious and include arrest, so it is imperative that you understand the implications of the PFA and follow the terms of it closely. If you are threatened with a PFA, do not contact the accuser. Instead, contact an attorney right away.

Our Criminal Law Team are expert Pennsylvania criminal defense attorneys, and we will help you protect your rights.  Our Criminal Law Team at the LLF Law Firm has the experience and knowledge necessary to protect and defend you. Call (888) 535-3686 or go online to schedule a consultation right away.