When a court issues a protective order against you for harassing or abusing another person, it is imperative that you comply with the terms. The penalties for violating a restraining order can be severe, so it is important that you understand your legal obligations. For more information and to secure skilled representation, reach out to a Montgomery County indirect criminal contempt lawyer today.

What is a Restraining Order?

A restraining order, referred to in Pennsylvania as a protection order, is a court-issued order intended to protect an individual who is being physically harmed, followed, threatened, or abused by a romantic partner, family member, friend, coworker, stranger, or anyone else who has inflicted or threatened harm.

Pennsylvania recognizes several types of protection orders depending on the details of the circumstances. A PFA (Protection From Abuse) order is issued to individuals who have been physically harmed, threatened, stalked, or sexually harmed by an intimate partner, someone they are dating, or a close family member.

An SVP (Sexual Violence Protection) order is designed to protect a person who has been the victim of sexual violence by someone that they did not have an intimate or romantic relationship with, like a friend, coworker, or stranger.

Finally, a PFI (Protection From Intimidation) protects minors who have been harassed or stalked by a person 18 years of age or older with whom they do not have an intimate relationship.

What Does a Protection Order Do?

Individuals who have experienced this kind of abuse and harassment can petition the court for a protection order to prevent the other person from continuing their behavior. The court can prohibit the defendant from certain actions and require that they abide by certain terms, such as the following.

  • Stop abuse, threats, harassment, and stalking
  • Not enter or come near the victim’s home, school, business, or place of employment
  • Not contact the victim through text, calls, emails, social media, etc.
  • Relinquish weapons
  • Attend counseling
  • Grant the victim temporary child custody, child support, or alimony
  • Reimburse the victim for reasonable expenses that they incurred as a result of the abuse

Any other actions the judge deems necessary can be included in a protection order.

What Are the Penalties for Violating a Restraining Order in PA?

Under Pennsylvania Statutes § 6114, violating a restraining order is considered indirect criminal contempt of court. This is a criminal offense that can yield a variety of legal penalties. In general, contempt can result in one or more of the following consequences.

  • 6 months in jail
  • Fines of $1,000
  • 6 months of probation

After being convicted of criminal contempt, the judge could issue additional terms to the protective order or other consequences, not to mention the criminal penalties for any crimes committed in tandem with contempt. For example, if you hit the victim while violating the order, you could be charged with assault.

To secure the help of a knowledgeable defense attorney, contact Cohen & Patel today.