Pennsylvania Considers Felony-Level Charges for Some PFA Violations
A bill currently before the Pennsylvania Senate’s Judiciary Committee would increase the penalties for a number of crimes committed in violation of a protective order (PFA).
- For most crimes affected by the bill, the criminal penalty would increase by one level if the crime was committed by someone who was the subject of a PFA against a victim who is protected by that PFA. That could mean felony charges in some cases.
- The bill was introduced and passed in the Pennsylvania House and is currently under consideration by the Pennsylvania Senate’s Judiciary Committee.
If you have been served with a PFA, it is extremely important to understand exactly what the PFA prohibits you from doing – and what you are still allowed to do. The LLF Law Firm’s Criminal Defense Team can help you with that, and with any issues you may encounter if you are accused of a crime while a PFA is in effect against you. To set up a confidential consultation with one of our experienced attorneys, call us at 888.535.3686, or reach out to us online.
What is a Protection From Abuse Order?
- A Protection From Abuse order is a restraining order issued by a civil court judge against someone who is accused of committing or threatening to commit violent or other types of potentially violent acts against an intimate partner or family member.
PFAs are typically issued in connection with an alleged domestic violence incident, after the alleged victim files a petition with the Court of Common Pleas asking the court to issue a PFA against their alleged abuser. That petition is not a criminal proceeding, and any PFA that issues in response to the petition is a civil order.
The PFA will include a list of things that the person named in the PFA is not allowed to do. Typically, these will restrict the contact that the person is allowed to have with the alleged victim and close family members of the alleged victim.
What Happens Now if I Violate a PFA?
- Because the PFA is a court order, if you violate it you can be charged with a criminal contempt for doing so.
Violating a judge’s order is a crime called contempt of court. If you violate a PFA, you can be charged with criminal contempt. You could be sent to jail for up to 6 months and fined up to $1000.
How Would This New Bill Change Penalties for Violating a PFA?
- The proposed law would increase the offense level of any underlying crimes committed by the person restrained by a PFA against a person protected by a PFA.
If the bill were to become law, it would increase the offense level for a number of crimes if the crime was committed against a person protected by a PFA by someone restrained by that PFA. The crimes covered by the proposed bill include:
- Simple Assault
- Reckless Endangerment
- Terroristic Threats
- Harassment
- Stalking
- Unlawful Restraint
- False Imprisonment
- Criminal Coercion
- Indecent Assault
- Disorderly Conduct
By increasing the offense level, the bill would raise the stakes for anyone who is subject to a PFA and has been accused of committing any of these crimes against someone protected by the PFA. For example, a Simple Assault charge that would normally be a misdemeanor of the second degree would rise to a first-degree misdemeanor. Making Terroristic Threats – normally a first-degree misdemeanor – would be charged as a third-degree felony.
In addition, because of the increased penalty levels, defendants charged with these higher-level crimes could face restrictions on their ability to possess firearms. This point has not been lost on the National Rifle Association, which has called the bill a “Trojan gun-control bill.”
As of this writing, the bill had passed the Pennsylvania House and is being considered by the Senate’s Judiciary Committee.
What to Do if You Are Served With a PFA
You may have a lot of questions if you are served with a PFA. It is important that you understand what it means and how it affects your day-to-day life so that you do not accidentally violate it. You may also wonder how you can defend against it, or have some of the more restrictive parts of it changed.
The LLF Law Firm’s Criminal Defense Team is here to answer your questions. We can defend you if someone has petitioned a court to issue a PFA against you, and can protect you if you are accused of violating the terms of the PFA you’ve received. We regularly help clients all across Pennsylvania who have issues with PFAs. We know the laws, the procedures, and how the courts operate in these cases. We can help you with your PFA, and can also defend you if you’ve been charged with a crime that relates in any way to a PFA you’ve been served with.
Contact the LLF Law Firm’s Criminal Defense Team with your questions about the PFA you’ve received, or to learn how our experienced attorneys can protect your rights and defend you if you are facing criminal charges. Call us at 888.535.3686, or reach out to us online. We’re here to listen and to help.