When a court issues a protective order, you must comply with the terms or else risk being charged with contempt. It is important to understand what will happen if you violate a restraining order, as the penalties can be severe. Work with an experienced York County, PA criminal defense attorney for skilled legal advice and representation today.
What is a Restraining Order?
A restraining order, formally referred to as a protection order in Pennsylvania, is a court-issued order that protects an individual from being harmed or threatened by another person. A restraining order helps protect victims by prohibiting the restrained individual from certain behaviors, including contacting the victim, coming within a certain distance of the victim, and owning firearms and other weapons. The orders can also require the defendant to move out of a shared home, pay spousal and child support, attend counseling, and more.
There are three main types of protective orders issued by Pennsylvania courts: PFA, SVP, and PFI.
- PFA: PFA stands for Protection From Abuse order. This document protects a person who has been stalked, threatened, physically harmed, or sexually harmed by a romantic partner or close family member.
- SVP: SVP stands for Sexual Violence Protection order and protects a person who is a victim of sexual violence by someone that they did not have an intimate relationship with, like a stranger, friend, or coworker.
- PFI: PFI means Protection From Intimidation order, and works to protect a minor who has been harassed or stalked by an individual 18 years or older with whom they do not have an intimate relationship
What Happens if I Violate a Restraining Order in PA?
If you violate a restraining order against you in Pennsylvania, the protected person has the right to call the police to report you. You can be arrested for your violation and charged with contempt of court for failing to comply with a court order.
You will attend a contempt hearing to determine whether the alleged violation occurred. Under PA § 6114, if you are found guilty of contempt, a judge can sentence you to 6 months in jail and require you to pay fines of $1,000. You could also be required to serve a 6-month sentence of supervised probation, depending on the details of the situation.
Depending on the offense, you may have committed another crime during the commission of your violation. For example, if you hit the protected person, you could also be facing assault charges. If you are convicted of any additional crimes, you could incur more penalties besides the ones associated with contempt.
If you are charged with violating a protective order, it is crucial that you fully understand your legal rights and defensive options. Contact a skilled defense attorney at Ilkhanoff & Silverstein to discuss your situation today.
