Blog

Violation of PFA Ends in Death

Posted by Joseph D. Lento | Jan 07, 2022 | 0 Comments

Shot by State Trooper

A father who broke a protection-from-abuse (PFA) order was shot and killed by a Pennsylvania State Trooper on Nov. 7 while resisting arrest, according to a terse press release from the State Police.

At 10:42 p.m., two troopers responded to a PFA violation at a rural home near Union Township in Lebanon County. They encountered Andrew Dwonchyk, 40, on the property in his car in violation of the PFA against him. Violation of a PFA is a criminal offense, and the officers attempted to arrest him.

One of the troopers tried to pull Dwonchyk out of his car. Dwonchyk reportedly started to drive away, dragging the arresting officer forward and then in reverse. The other trooper hit Dwonchyk with a taser. When the taser failed to incapacitate Dwonchyk, the state police report said the trooper “transitioned to his department-issued firearm” and shot him.

Both the State Police Troop L Major Case Team and the Lebanon County District Attorney's Office are investigating the incident.

Wanted to Visit Kids

Dwonchyk's friend of 30 years, Jon Michael, learned of his death by a text from another friend. Michael told PennLive Patriot-News he did not know Dwonchyk intended to violate the PFA. He had advised Dwonchyk to wait out the temporary PFA.

“I get it. I have kids, too. He wanted to see them,” Michael said.

The mother of Dwonchyk's two sons had obtained the temporary PFA (also known commonly as a restraining order) after an emotionally violent incident in which Dwonchyk publicly intimidated and pursued the mother, her friend, and the children. He threatened to kill himself in front of their kids, according to the court order acquired by PennLive.

The PFA was due to expire Nov. 22.

It's a Crime to Violate a PFA

It is an “indirect criminal contempt of court” to disobey a PFA. Although a temporary PFA is issued in civil court, any violation is treated as a criminal matter. At a minimum, a first offense is charged as a criminal misdemeanor. Depending on the nature of the violation, however, a first offense may be escalated to a felony. Subsequent violations will be charged as felonies.

Any violation of a PFA becomes a permanent part of a person's criminal record and cannot be expunged. This can affect everything from employment, business relationships, and even visitation and custody of children.

What If You Are Served With a PFA?

Don't panic. Breathe. This is very serious. You are now under a court order. Your whole future may be at stake. Comply, without resistance, with whatever law enforcement tells you to do.

Read the PFA carefully. Do not make any attempt whatsoever to contact the plaintiff or any other person(s) named in the restraining order. Ask family and friends not to make contact on your behalf because that could be considered a violation.

If you've been served with a PFA, time is of the essence. Call the LLF Law Firm at 888-535-3686 for experienced legal counsel.

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

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