Philadelphia Violation of Protective Orders Lawyer
A protective order is issued by the court to keep a defendant away from the plaintiff that filed the petition for the protective order. Protective orders are primarily used in domestic violence or stalking cases. While you may believe that the court should not have issued a protective order against you, it is important to follow the instructions in the protective order. If you were arrested for violating a protective order, you should consult with an experienced Philadelphia violation of protective orders lawyer.
The Law Offices of Lloyd Long are prepared to help you defend against prosecution for the violation of a protective order. Our firm understands that it is possible for a protective order to be erroneously issued and we are here to stand with you. We avoid taking a high volume of cases so that we can dedicate an adequate amount of time and resources to every client’s case. To schedule a free legal consultation, call The Law Offices of Lloyd Long at (215) 302-0171, or contact us online.
Pennsylvania Protection from Abuse Order Laws
Pennsylvania permits victims of domestic violence to petition the court for a protective order, officially known as a protection from abuse order (PFA). The purpose of a PFA is to prevent an abuser from having any form of contact with a victim. For example, a PFA may instruct the defendant that they cannot come within 100 yards of the petitioner or it might instruct the defendant that they are barred from entering the petitioner’s home. PFAs can be granted for domestic violence or if a defendant is accused of stalking a victim.
To receive a PFA against a defendant, the victim only has to submit testimony that the defendant’s actions made them fear for his or her life. The victim does not need a police report or medical evidence of any type of injury. Any adult or emancipated minor can file for a PFA for themselves or on behalf of a child or incompetent individual. It is also important to note that a PFA can be obtained against a minor.
If you happen to live with the victim when the PFA is granted, you will not be permitted to live at the residence any longer. Additionally, if you share children with the victim, this may affect your child custody rights as well. A PFA can also lead to other criminal charges depending on the circumstances of your case.
To learn more about protective orders and the penalties for violating a protective order, you should continue reading and consider speaking with an experienced Philadelphia criminal defense lawyer.
Penalties for Violating a PFA
Violation of a protection from abuse order is charged as indirect criminal contempt. The court that handles this offense can be in the county where the protective order violation occurred or the county where the PFA was issued. Generally, there are two types of sentences that a defendant can receive for violating a protective order:
- Up to six months in jail and a criminal fine of not less than $300 and not more than $1,000
- Up to six months of supervised probation and a criminal fine of not less than $300 and not more than $1,000
The funds collected for violating a PFA will be distributed among various agencies in Pennsylvania. This money will primarily be used to continue to operate Pennsylvania’s protective order process.
It is also important to note that there may be other consequences for violating a protective order. For example, if a defendant is convicted of violating a PFA, the victim may successfully request that the terms of the PFA be extended. Additionally, if you are not convicted of violating a PFA, this will not affect any other criminal cases that arose out of the PFA violation. However, a conviction may be used as evidence against you in other criminal cases you have pending.
If you have a PFA filed against you, it is important to follow the directions of the PFA, so it is not renewed in the event of a violation. A PFA can affect your life in other ways outside of the criminal justice system. For example, if you were arrested for violating a PFA, this can affect your ability to find employment or your ability to receive funds necessary to attend college. A protective order may even affect the likelihood of being approved for an apartment application.
Work with a PFA Defense Attorney Today to Fight Your Case
If you were charged with violation of a PFA, you should contact an experienced Philadelphia PFA defense attorney today. Criminal lawyer Lloyd Long has several years of criminal law experience handling a wide range of cases, and he would be proud to use this experience to represent you. To schedule a free legal consultation, call The Law Offices of Lloyd Long at (215) 302-0171.