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. Continue reading for more information and speak with a Montgomery County indirect criminal contempt lawyer for representation today.
What is an Order of Protection?
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.
Pennsylvania state law generally recognizes three kinds of protection orders.
- PFA: A Protection From Abuse order protects a person who has been stalked, threatened, physically harmed, or sexually harmed by a romantic partner or close family member
- SVP: A Protection From Sexual Violence order protects a person who is a victim of sexual violence by someone that they did not have an intimate relationship with, like a stranger, friend, or coworker
- PFI: A Protection From Intimidation order protects a minor who has been harassed or stalked by an individual 18 years or older who they do not have an intimate relationship with
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, including the following.
- 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
- 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. Contempt is a serious offense. Under Section 6114 of Pennsylvania’s Protection from Abuse Act, if you are guilty of criminal contempt after violating a PFA order you can face the following penalties.
- Up to 6 months in jail
- Up to $1,000 in fines
- Up to 6 months of supervised probation
- Criminal record
A violation will also likely result in an extension of the protection order and/or more restrictive conditions. 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, license suspension, or delays in citizenship or immigration processing.
For more information and to obtain skilled representation in your case, consult with a skilled lawyer at Cohen & Patel today.
