Restraining orders are designed to protect victims of violence, stalking, and harassment. When a protection order is taken against you, you will have to abide by certain restrictions and rules. If you violate an order of protection in Pennsylvania, you could be subject to a variety of penalties and legal repercussions, such as time spent behind bars, fines, and probation, among other consequences. Continue reading for more information and speak with a Montgomery County indirect criminal contempt lawyer for representation today.
What Is an Order of Protection in Pennsylvania?
An order of protection is another word for a restraining order. A restraining order is a court-issued order designed to protect an individual from harassment, abuse, and potential harm. These are legally enforceable, meaning violating an order can result in serious criminal penalties. Though these are commonly referred to as restraining orders, there are different kinds of orders of protection recognized under Pennsylvania law, in accordance with the Pennsylvania Protection from Abuse Act.
Types of Protection Orders Recognized Under Pennsylvania Law
- Protection From Abuse (PFA) Order
- Issued under Pennsylvania’s Protection From Abuse Act
- Applies to spouses, former spouses, intimate partners, family, and household members
- Covers physical abuse, threats, sexual violence, and stalking
- Sexual Violence Protection (SVP) Order
- Applies when the victim does not have a qualifying domestic relationship with the defendant
- Specifically for sexual offenses
- Generally used in cases involving strangers, acquaintances, or even co-workers
- Protection From Intimidation (PFI) Order
- Intended to protect minors
- Issued when an adult (someone over 18) harasses a minor (someone under 18)
- No relationship is required
What Does a Protection Order Require You to Do?
A person can request an order of protection with the court by demonstrating that they are in immediate danger or have been subjected to threats or abuse. Protection orders can include a variety of terms that the defendant must abide by that limit freedom, access to certain locations, and even child custody. The exact terms of the protective order depend on the circumstances of the case, as judges have broad authority to implement specific terms.
Common Restrictions Included in Pennsylvania Protection Orders
- Refraining from contacting the victim
- Staying a certain distance away from the victim
- Moving out of a shared home
- Staying away from the victim’s home, work, or school
- Relinquishing custody
- Paying spousal support
- Paying child support
- Relinquishing firearms or other weapons
- Attending counseling
What Happens if I Violate an Order of Protection in PA?
Restraining orders are court-issued and therefore legally enforceable. If you are caught in violation of an order of protection in Pennsylvania, you can be found in criminal contempt (ICC). Contempt is a serious offense that can result in your automatic arrest, even without a warrant, if police have probable cause to believe you violated the order.
Indirect criminal contempt is a summary offense, often prosecuted in the Court of Common Pleas in Norristown. This offense carries statutory penalties in accordance with 23 Pa.C.S. § 6114. Judges have broad discretion to implement these penalties as they see fit for PFA violations.
Immediate Legal Consequences of a Violation
- Arrest and detention
- Criminal contempt of court charges
- Formal court hearing before a judge
- Extension or modification of the current court order
Penalties for Violating a Protection Order
Under Section 6114 of Pennsylvania’s Protection from Abuse Act, the court may implement serious consequences for those accused of violating the terms and conditions of a protective order.
Potential Criminal Penalties
- Up to 6 months in jail
- Up to $1,000 in fines
- Up to 6 months of supervised probation
- Criminal record
Additional Collateral Consequences.
Additional consequences that can arise after you violate a restraining order could include a loss of custody of your children, loss of the right to own a gun, professional license suspension, or delays in citizenship or immigration processing. These matters are taken seriously by the Montgomery County Court of Common Pleas.
Can You Accidentally Violate a Protection Order in Pennsylvania?
Unfortunately, many PFA violations are dependent on misunderstandings or unintentional contact, rather than intentional violations. However, it’s necessary to understand that intent may not be necessary to enforce penalties for violating a protective order.
Common Scenarios in Which Unintentional Violations Arise
- Responding to a message or email from the protective party
- Returning to the shared home after an invitation
- Social media commenting
- Contacting children via the protected parent
- Appearing at public events where the protected party is
Even if the protected party initiates contact, you can still be charged in violation if you do not immediately remove yourself from the situation.
What Should You Do if You Are Accused of Violating a Protective Order?
If you have been accused of PFA violations in Montgomery County or the surrounding area, it’s critical to understand the steps you should take to protect yourself. In general, the most important thing to keep in mind is that you should, under no circumstances, contact the protected party in an attempt to “clear things up.” This can result in additional violations.
Immediate Steps to Take
- Cease all contact
- Save all communications and evidence
- Comply with instructions from Pottstown or other local law enforcement
- Retain any proof of your whereabouts at the time of the alleged incident
- Contact an experienced Pennsylvania criminal defense attorney
Reach Out to Our Montgomery County Criminal Defense Firm Today
If you have been accused of violating a restraining order issued against you, it’s critical to take this matter seriously, as the consequences can result in serious disruption to your life. As such, working with an experienced attorney with Cohen & Patel Law Firm is in your best interest. For more information and to obtain skilled representation in your case, contact our dedicated firm today to learn how we can represent you.
