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When a Protection From Abuse (PFA) order is issued against you in Montgomery County, it drastically alters your life. You may be forced out of your home, separated from your children, and stripped of your firearm rights. However, the situation becomes far more severe if you are accused of violating that order. In Montgomery County, violating a PFA is treated with aggressive enforcement, and the consequences can be devastating.
At SKA Law Group, we understand that PFA violations often arise from misunderstandings, accidental contact, or even false allegations manufactured during heated family disputes. Our experienced criminal defense attorneys know how the Montgomery County Court of Common Pleas handles these sensitive cases, and we fight aggressively to protect your rights, your freedom, and your future.
Understanding PFA Orders in Pennsylvania
A Protection From Abuse (PFA) order is a civil court order designed to protect victims of domestic violence from abuse, harassment, or threats. Under the Pennsylvania Protection From Abuse Act (23 Pa.C.S. Chapter 61), a PFA can only be filed against intimate partners, family members, or household members.
There are three types of PFA orders in Pennsylvania:
Emergency PFA: Granted by an on-call Magisterial District Judge outside of regular court hours, valid only until the next business day.
Ex Parte Temporary PFA: Granted by a judge without the defendant present, valid until a final hearing (usually within 10 days).
Final PFA: Granted after a full hearing where both sides present evidence, valid for up to three years.
Once any of these orders is in place, you are legally bound by its terms.
What Constitutes a PFA Violation in Montgomery County?
A PFA order strictly limits your behavior. The most common condition is a strict “no contact” provision. In Montgomery County, any action that violates the specific language of the PFA order may trigger an arrest. Common violations include:
Direct Contact: Calling, texting, emailing, or speaking to the plaintiff in person.
Indirect Contact: Having a friend, family member, or third party deliver a message to the plaintiff on your behalf.
Social Media Contact: Sending messages, commenting on, or even “liking” the plaintiff’s social media posts.
Physical Proximity: Showing up at the plaintiff’s home, workplace, school, or driving past their residence.
Custody Violations: Violating the specific custody or visitation arrangements outlined in the PFA.
Firearms Violations: Failing to surrender your firearms or attempting to purchase a new firearm while the PFA is active.
It is critical to understand that you can violate a PFA even if the plaintiff initiates the contact. The order applies to you, not them. If they call you and you answer, you are in violation of the court order.
Penalties for Violating a PFA (Indirect Criminal Contempt)
While a PFA is a civil order, violating it is a criminal offense. In Pennsylvania, a PFA violation is charged as Indirect Criminal Contempt (ICC) under 23 Pa.C.S. § 6114.
Because ICC is a unique charge, you do not have the right to a jury trial. Instead, your case will be decided by a judge. If convicted of Indirect Criminal Contempt in Montgomery County, you face:
Up to 6 months in jail
Fines up to $1,000
An extension of the PFA order
A permanent criminal record
Furthermore, if the violation involved violence, threats, or stalking, the police will likely file separate, additional criminal charges (such as Simple Assault, Harassment, or Stalking) alongside the ICC charge.
How SKA Law Group Defends PFA Violations
An accusation is not a conviction. At SKA Law Group, we employ strategic defenses to fight ICC charges in Montgomery County:
Challenging Intent: We argue that the contact was accidental or incidental (e.g., bumping into the plaintiff at a public grocery store) and not a willful violation of the order.
Challenging the Evidence: We scrutinize text logs, call records, and social media messages to determine their accuracy, context, and admissibility.
Disputing Plaintiff-Initiated Contact: If the plaintiff actively encouraged or initiated the communication to trap you, we use this evidence to weaken the Commonwealth’s case and challenge the plaintiff’s credibility.
Clarifying Ambiguous Terms: If the PFA language was vague or misinterpreted, we argue against violations based on those unclear boundaries.
Contact a Montgomery County PFA Violation Lawyer
A PFA violation charge puts your freedom and your family relationships at immediate risk. Do not attempt to navigate the Montgomery County courts alone. Contact SKA Law Group today to schedule a confidential consultation. We will evaluate the allegations, build a robust defense, and fight to protect your rights.
