I’m Accused of Violating a Pennsylvania Protection From Abuse Order- What Now?
By: Dave Mueller, Criminal Defense Attorney
If you are subject to an active Protection from Abuse Order (PFA) in Pennsylvania, and find yourself either under arrest or in receipt of a summons alleging that you violated the order, you may find yourself facing serious criminal consequences for the first time in your life. The consequences are real, and you could be facing fines or even jail time. No matter what you are accused of, now is the time to speak to a criminal attorney about your case.
If you were involved in the PFA issuance process, you are probably already aware that the PFA, its underlying petition, and its issuance were a civil matter. If you are accused of violating a PFA, it is critical to know that the alleged violation is now a criminal matter. Potential penalties include 6 months in jail and a $1000 fine, and you will now be facing a criminal hearing where a judge will decide whether you should be held in contempt for violation of a court order. If so, that judge will decide what penalties you face, up to and including 6 months in jail. Even if you represented yourself at all prior proceedings, the stakes have now been raised. It is critical to consult with an experienced criminal attorney as soon as possible.
What Happens Next?
If you have been arrested or served with a summons for a PFA violation, a hearing will be scheduled. This hearing, referred to as an Indirect Criminal Contempt hearing (“ICC”) proceeds just like any non-jury trial in a criminal matter. A prosecuting attorney will appear for the Commonwealth, and the state bears the burden of proving that you violated the court’s order beyond a reasonable doubt. They will call witnesses to prove their case, and you have a right to do the same. When the proceeding is over, the judge alone will decide whether the state has proven beyond a reasonable doubt that you violated the court order. The issues at stake here can be somewhat complex, and your attorney will advise you on how the allegations at this proceeding are very different from the allegations that gave rise to the PFA in the first place. The Commonwealth can meet its burden by proving even violations or contact that are otherwise “innocent,” and this could subject you to jail time. Only an attorney skilled in criminal defense will understand how the law and the courtroom rules apply to your case, and only an attorney can assist you in a hearing where your whole life may be on the line.
If you are accused of violating a protection from abuse order, contact us and schedule an appointment with an attorney immediately.
At this point, the Commonwealth will have an experienced prosecutor working against you. The only approach you should consider is to have an experienced, professional criminal attorney on your side, who can help you throughout the process.
When i was going through my break up 18 months ago i had no othr choice to get a pfa on my newborn childs father. I was moving out of the house that same weekend. Therefor i did not renew the PFA. Out of spite he got one on me which came with an eviction and i was homeless with my three kids. When we went to the court date we went back and fourth a few times trying to come to an agreement. Which resulted in his father getting him on the weekends and me having him on the weekend. I didnt know at the time when i signed that paper that i didnt have to sign it I know that now.. Before i signed it i wrote on it and said " i do not contend to this pfa im only signing it for an easy transition for our newborn baby. I wish i wouldnt haved signed the agreement. He was granted a 3 year pfa. HE IS NOT TJE VICTIM, I AM. for the last year and a half we have been sexually involved plenty of times. Just last week i took him for child support and he violated me. So he abuses this PFA. Now im forced to turn myself in. Iwant to get this pfa dropped so he cant abuse me anymore he already put me through enough the last 5 years.
JudgeTraci Macdonald in Washington Co. and my public defender never once let me speak or my 3 witnesses or even look a printed text messes and posts, all that proves my innocence 100% undeniably in both the PFA hearing as well as the ICC hearing. I was chastised by the Public defender Jason Lewis as was my witnesses, and told not to speak because " they already know that your pleading innocence". Then again at sentencing he told me that I would finally get my chance to speak my peace which I didn't. Now I'm sentenced 3-6 in a county prison, $500 fines, and I have to pay $380 a month for house arrest that I'm to be on till October 2024! Because my mother told my brother that if he kept harassing me, I said I'd kick his ass. My Mom, brother, and arresting office got to testify, not us. And the only one I ever spoke with, my Mom gave the same story for both hearings indicating there WAS no violation, and couldn't remember the date it happened, time of day, place it happened, or if she called on a home.phone or cell phone, all of this acknowledged by the Public Defender in a letter he wrote me denying all my requests for appeal and ineffective counsel. I feel I got an illegal sentence and now I still stuck with this clown because now I have a violation hearing. This violation my parole. I was in state prison for 7 months and one week and released to a center last week. Judge Macdonald wanted me to go straight to county prison but a motion I filed March 17th for my release was approved. But here I am, I get out and told to report straight to the center and contact Washington county probation which I did. Washington wanted me to go straight there, but parole didn't authorize me to leave the DOC'S burue of community corrects center till I got hooked up on an ankle monitor. Now I have a violation hearing in from of the same judge with the same attorney, serving what appears to be an illegal sentence, and in violation of it how? I did everything I was supposed to. I don't know what to expect, or what to do. This processes is wrong on so many levels. I had proof!