Early this month in the Pennsylvania legislature, a bill regarding Protection from Abuse Orders ("PFAs") moved to the House Judiciary for Voting. If passed into law, the bill will allow a judge to order the subject of a PFA to wear an electronic monitoring device if the judge deems they present a substantial risk of violating their PFA order.

What Type of PFAs Will Be Covered Under the Law?

The law, if implemented, will only permit judges to order electronic monitoring for subjects of a final PFA. The law would not apply to all subjects of a final PFA, only subjects to which the judge determines that you present a substantial risk of violating the PFA or committing a crime against the person seeking protection from abuse punishable by imprisonment. A judge will not have the authority to order you to wear an electronic monitoring device if you are the subject of a temporary PFA.

What Would Monitoring Look Like for Me?

If the judge orders you to electronic monitoring as a term of your final PFA, you will be required to wear the device around your ankle or wrist the entire time the PFA is in effect. Once you are wearing the device, it cannot be removed without special equipment; if you attempt to remove the device, police will be notified immediately.

The device will continuously monitor and report your location within a 100-mile radius. The court will decide the distance at which you are required to stay away from the person seeking protection from abuse. The Pennsylvania State Police Department and local police departments are authorized to receive, record and securely store this data for an indefinite period of time.

The court may order your electronic monitoring device to be removed before the PFA expires if the judge determines good cause has been shown.

Would I Really Be Subject to Monitoring?

As with most laws, it is difficult to predict how judges will implement the law. Because it is a matter of judgment whether you are likely to violate your PFA, it may be completely judge dependent on how strictly they interpret the bill – if it becomes law. This uncertainty makes it even more important to have a Pennsylvania criminal defense attorney on your side. They are there to advocate for you and your privacy against the electronic monitoring of your movements as proposed under this new law.

You Need Criminal Defense Attorney - LLF Law Firm 

If you have a PFA, many aspects of your life have already been hindered by this burden. If you genuinely do not present a threat to the person who has sought the PFA against you, you should not be facing even more consequences related to your PFA. If you have a PFA in Pennsylvania, you need the attorneys with the LLF Law Firm to ensure you are protected from electronic monitoring as a term of your PFA. The LLF Law Firm Team have years of experience handling PFAs, and they understand the challenges and complexities of each unique case. Contact us today 888-535-3686.