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Domestic violence charges and Protection From Abuse (PFA) orders in Delaware County are incredibly serious legal matters that can turn your life upside down in an instant. A PFA order can force you out of your home, strip you of your child custody rights, and prohibit you from owning a firearm—often before you even have a chance to defend yourself in court.
If you violate a PFA order, you face immediate arrest and jail time. At SKA Law Group, our experienced Delaware County criminal defense attorneys understand how quickly domestic disputes can escalate and how frequently PFA orders are weaponized in divorce or custody battles. We provide aggressive, strategic defense representation at the Delaware County Court of Common Pleas in Media to protect your rights, your family, and your freedom.
Understanding PFA Orders in Pennsylvania
A Protection From Abuse (PFA) order is a civil court order designed to protect victims of domestic violence. Under Pennsylvania law, a PFA can be filed against an intimate partner, spouse, ex-spouse, family member, or someone with whom you share a child.
In Delaware County, the process typically begins with an ex parte hearing, where a judge grants an Emergency or Temporary PFA based solely on the accuser’s testimony, without you being present. A Final PFA hearing is then scheduled, usually within 10 business days, where you have the right to present evidence and defend yourself. A Final PFA can remain in effect for up to three years.
What Constitutes a PFA Violation?
If a Temporary or Final PFA is issued against you, you must comply with every single condition. Violations can include:
Direct Contact: Calling, texting, emailing, or speaking to the plaintiff in person.
Indirect Contact: Asking a friend, family member, or third party to pass a message to the plaintiff.
Physical Proximity: Going to the plaintiff’s home, workplace, or school, even if you do not speak to them.
Social Media: Tagging, messaging, or commenting on the plaintiff’s social media accounts.
Firearms: Failing to relinquish your firearms or attempting to purchase a new firearm while the order is active.
Penalties for Violating a PFA Order
While a PFA itself is a civil order, violating a PFA is a crime. Under 23 Pa.C.S. § 6114, violating a PFA order constitutes Indirect Criminal Contempt. If the police believe you have violated the order, they can arrest you immediately without a warrant.
The penalties for a PFA violation in Pennsylvania include:
Up to six months in jail.
Fines up to $1,000.
Up to six months of supervised probation.
A permanent criminal conviction on your record.
An extension of the original PFA order.
Crucially, because this is a contempt charge, you do not have the right to a jury trial. Your case will be decided solely by a judge, making it absolutely vital to have a skilled defense attorney advocating for you.
Defending Against PFA Violations and False Accusations
It is unfortunately common for individuals to file false or exaggerated PFA petitions to gain the upper hand in a custody dispute or divorce. At SKA Law Group, we aggressively defend against both the issuance of the PFA and any alleged violations.
Our defense strategies include:
Challenging the Evidence: We scrutinize text messages, voicemails, and witness testimony to prove that the allegations of abuse or the alleged violation are fabricated.
Lack of Intent: We can argue that the contact was accidental, such as running into the plaintiff at a public place without prior knowledge they would be there.
Proving No Violation Occurred: In many cases, the plaintiff initiates contact to lure the defendant into a violation. We present evidence of the plaintiff’s actions to defend against the contempt charge.
Contact SKA Law Group Today
If you have been served with a PFA or are facing charges for violating a PFA in Delaware County, do not attempt to contact the accuser to “clear things up.” This will only result in your arrest.
Contact SKA Law Group immediately to schedule a confidential consultation. Our dedicated defense team will protect your rights at the Final PFA hearing and fight any criminal contempt charges.