The Pennsylvania Petition for Contempt of Protection From Abuse Order is a legal document used to file a claim against someone who has violated a Protection From Abuse Order (PFA) issued by the court. A PFA is a court order that protects an individual from abuse, harassment, or other forms of violence. A Petition for Contempt of Protection From Abuse Order is necessary when the defendant has violated the PFA and the plaintiff wishes to seek remedies for the violation. Depending on the nature of the violation, the remedies may include holding the defendant in contempt and possibly imposing sanctions. There are two types of Pennsylvania Petition for Contempt of Protection From Abuse Order: Contempt of Civil PFA Order and Contempt of Criminal PFA Order. A Contempt of Civil PFA Order is used when the defendant has violated the terms of a civil PFA. This type of petition will typically require the plaintiff to provide evidence of the violation, such as witnesses or documents. A Contempt of Criminal PFA Order is used when the defendant has violated the terms of a criminal PFA. This type of petition must be filed with the court that issued the PFA. Both types of petitions must provide a detailed explanation of the violation, the remedies sought, and the defendant's contact information.
Pennsylvania Petition for Contempt of Protection From Abuse Order
Description Contempt Order Form
How to fill out Pennsylvania Petition For Contempt Of Protection From Abuse Order?
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FAQ
Even though a PFA is a civil matter, if violated, the defendant could be charged with Indirect Criminal Contempt and be placed in prison for a period up to six months and/or pay a fine up to $1000.00.
Section 6114 of Pennsylvania's Protection from Abuse Act provides these criminal penalties for violating a PFA order: a fine of not less than $300 nor more than $1,000 and imprisonment up to six months or a fine of not less than $300 nor more than $1,000 and supervised probation not to exceed six months.
Violating a PFA order in Pennsylvania is a misdemeanor offense.
FINAL PFA ORDER BY DEFAULT: If the Defendant does not appear at the Final PFA Hearing and there is sufficient proof that the Defendant received proper notice of the date and time of the hearing, then a Final PFA Order may be issued against the Defendant, for up to three (3) years.
(c) Punishment. --Punishment for contempt specified in subsection (a)(1) or (3) may be a fine of not more than $100 or imprisonment for not more than 30 days, or both.
What If the Plaintiff Violates the PFA? A PFA order is filed against the defendant, not the plaintiff. In most PFA situations, there is no violation if the plaintiff contacts the defendant?unless the defendant responds.
First, the accuser will file an emergency or temporary PFA order against you, after which a hearing will be scheduled in less than 10 days. At this hearing, you may defend yourself against the order and bring evidence and witnesses. This ?final hearing? is your opportunity to contest your PFA.
FINAL PFA ORDER BY DEFAULT: If the Defendant does not appear at the Final PFA Hearing and there is sufficient proof that the Defendant received proper notice of the date and time of the hearing, then a Final PFA Order may be issued against the Defendant, for up to three (3) years.