As reported by WFMJ, a Warren, Ohio man was arrested for violating a protection from abuse order (“PFA”), among additional charges related to a domestic violence case after he assaulted his ex-wife, son, and another woman. He not only racked up additional charges but is now facing the possibility of a prison sentence as long as nine years. While this was an extreme case of violating a PFA order, there may be instances where defendants unknowingly violate the order. Pennsylvania courts expect strict compliance regardless of why or how a PFA order is violated.
If you are facing charges for violating a temporary, emergency, or permanent restraining order, our LLF Law Firm Criminal Defense Team can help. Contact us today by calling (888) 535-3686 .
What Is a PFA Order?
A PFA is a legal order issued by a court to protect individuals from abuse by a current or former intimate partner or family member. Under Pennsylvania criminal law statutes, this order serves to prevent further abuse by imposing various restrictions on the abuser that limit their contact with the victim. Depending on the types of conduct at issue, restrictions can include no contact provisions, temporary custody orders, firearm restrictions, and eviction orders.
PFA orders can be temporary or final and are issued after a court hearing where both parties have had the chance to present their cases before the court.
Understating Terms of a PFA Order
After a court has signed off on a permanent or temporary PFA order against you, you should first understand the order's terms. In other words, understand what you can and cannot do. Although the court “explains” the terms of the orders to the defendant when they are issued, keeping up with the legal jargon, especially after a highly emotional hearing, can feel impossible. The broader a PFA order is, the more difficult it may be to understand the terms and how they specifically apply to your case. Speaking with our LLF Law Firm Criminal Defense Team during this time can help you clarify the order terms so you stay out of jail.
Consequences PFA Violations
The broader a PFA order is, the more difficult it may be to understand the terms and how they specifically apply to your case. Under Section 6113 of Pennsylvania's criminal code, criminal consequences for violating a restraining order can include:
- Fines ranging from $300 to $1,000.
- imprisonment for a maximum of six months.
- Supervised probation not exceeding six months.
- Extension of the PFA order.
- Other relief that a court sees fit.
Civil consequences such as contempt of court, assault, battery complaints, etc., can also apply.
Many people get lost in the weeds of what constitutes a PFA order violation, but violations typically occur when the accused party does anything that contradicts the court's orders. Violations are not limited to permanent (or final) restraining orders but can also happen in temporary and emergency orders.
Get the Help You Need
Are you facing allegations of PFA order violations? Our LLF Law Firm Criminal Defense Team will work with you to ensure that your side of the story is heard and that your interests are fairly represented before the court. Contact us today by calling 888-535-3686 .
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