What Happens When Someone Violates a Protection Order in Philadelphia?
Protection orders, usually called “protection from abuse” orders (PFA), are court orders that prevent defendants from contacting certain family members or loved ones. A PFA order may arise in domestic violence cases and is intended to protect victims, but it is often issued with little regard to the defendant’s rights.
Violating the terms of a PFA order, even if the order is unfair, may lead to serious legal penalties. First, you can be arrested. Even something as simple as calling someone the order says you cannot contact may lead to a confrontation with the police. Second, you may be criminally charged with contempt. A PFA order is a court order, and when you violate a court order, the court tends to crack down hard. Call a lawyer immediately if you are accused of violating a PFA order. It is possible your actions do not violate the order, or someone is being dishonest. Whatever happens, contact your attorney immediately.
Speak to our Philadelphia criminal defense attorneys at Young, Marr, Mallis & Associates by calling (215) 372-8667 and ask for a free case review.
Consequences of Violating a Protection from Abuse Order in Philadelphia
A protection from abuse order (PFA) is a court order common in domestic violence cases. Generally, it requires the defendant to stay away from specific people mentioned in the order, often a spouse or partner and perhaps their children. These orders are often used to separate alleged abusers from potential further victims, and courts tend to prioritize victims’ interests over the defendant’s rights. These orders often prevent defendants from contacting spouses, partners, children, and possibly other family or loved ones.
Arrest for Violation of PFA Order
If you allegedly violate a PFA order, you may be arrested. According to 23 Pa.C.S. § 6113(a), the police may arrest someone for a violation of a PFA order without a warrant as long as probable cause exists to support the arrest. The violation does not need to take place in front of the police or otherwise be observable to them. In short, this means that the police can arrest you for allegedly violating a PFA based on the words of others who might not be telling the truth. Discuss exactly how you were arrested with our Philadelphia criminal defense attorneys, as this information may be crucial to your defense.
According to subsection (b) of the statute mentioned above, law enforcement may seize firearms, ammunition, and other weapons you have after arresting you for a PFA order violation. This is incredibly serious, as you have a Second Amendment right to have firearms and protect yourself. The authorities do not even have to prove that you did anything wrong to seize your firearms. On top of that, getting firearms returned can be a hassle, and it does not always happen.
Criminal Charges for Violating a PFA Order
In addition to being arrested for allegedly violating a PFA order, you might be criminally charged with contempt under § 6114(a). When the police, sheriff, or petitioner (i.e., the person who filed for the order) has filed a complaint regarding an alleged violation, the court may hold the defendant in contempt. While contempt charges are not the most serious offenses on the books, they may come with significant penalties that can make the underlying domestic dispute case all the more difficult.
According to subsection (b) of this law, a sentence for contempt may include a fine of no less than $300 but not more than $1,000. You may also be sentenced to jail for up to 6 months. Alternatively, you may be similarly fined and sentenced to no more than 6 months of supervised probation. This can seriously complicate your case. For example, if you are in the middle of a divorce, it might be incredibly difficult to fight for custody of your kids while in jail for contempt charges.
Where Do Protection from Abuse Orders in Philadelphia Come From?
Protection from abuse orders may be issued when a person files a petition with the appropriate court alleging abuse. According to 23 Pa.C.S. § 6106(a), any adult or emancipated minor may file such a petition on their own behalf or on behalf of minor children or an incompetent adult. The petitioner must be able to explain the abuse and why they believe the order is necessary. Courts are aware that people sometimes exploit the system and file false claims of abuse.
The PFA order is usually temporary at first and expires after a short while. However, another hearing may be held to determine if it should be made permanent. Permanent orders are not really permanent but may last for up to three years. When an order expires, the petitioner may ask the court to renew it.
Many defendants find these orders to be very unfair. An initial temporary order may be issued in your absence and without your knowledge. Many defendants do not even learn about the order until after the court imposes it.
What to Do if You Are Accused of Violating a Protection from Abuse Order in Philadelphia
If you are bound by a protection from abuse order and someone has accused you of violating the order, your best bet is to contact a lawyer immediately. The police take violations of these orders very seriously and are likely going to make a move quickly. If someone has contacted the police about the alleged violation, they might be preparing to make an arrest as we speak.
If the police come to arrest you, you should not resist, even if you know the accusations are false. Resisting the police is rarely helpful and usually makes problems worse. While cooperating is likely best, you should avoid answering questions from the police about the alleged violation. Your answers might incriminate you and be used against you later. Once you arrive at the police station, ask about calling a lawyer. Eventually, the police have to let you contact an attorney if you want to.
Discuss the situation with your lawyer before talking to the police. If you truly did not do anything wrong, explain where you were and what you were doing when the violation supposedly occurred. Your lawyer can help you use whatever information you have to defend you.
Contact Our Philadelphia Domestic Violence Defense Attorneys for Help Now
Speak to our Philadelphia criminal defense attorneys at Young, Marr, Mallis & Associates by calling (215) 372-8667 and ask for a free case review.