When You Get a Call From the Person Who Filed a PFA Against You
Resist the Temptation to Respond
Pennsylvania courts can issue a protection from abuse (PFA) order for several reasons. Most often, a PFA order is issued when someone claims they have suffered bodily injury from or have been put in fear of bodily injury by a romantic partner. A current or former romantic partner can receive a temporary PFA order without a formal hearing and a final PFA order after a hearing is conducted.
If you have been wrongfully accused of mistreating a romantic partner, you probably assume that the courts would never grant a PFA order under such questionable circumstances. Unfortunately, since a temporary PFA order can be issued before a defendant is able to present his or her side of the story, such questionable circumstances occur more often than you’d think.
A temporary PFA order has the same legal effect as a final PFA order. This means that you will be subject to the same restrictions included in the PFA order whether or not you’ve already had your formal PFA hearing. In other words, violating a temporary PFA order has the same serious consequences as violating a final PFA order.
What happens if the person who took out the PFA order contacts you?
PFA orders (unless cross-filed) only work one way
If a PFA order has been placed against you, you should understand that the restrictions contained in that order apply only to you, not the person who requested the PFA. You cannot contact the person who sought the order - but that person could initiate contact with you without consequence.
This means that the person who filed a PFA against you could call or text you consistently without violating your PFA order but as soon as you answer a call or respond to a text, you have violated the PFA. Even if you violate a temporary PFA order and you have the underlying PFA claims dismissed at your hearing, you can still be prosecuted for failing to follow the terms of the temporary PFA order.
While PFA proceedings take place in civil court, when someone is accused of violating a PFA, that violation becomes a criminal matter. Violating a PFA order, whether temporary or final, is a form of indirect criminal contempt and each violation can result in up to six (6) months in jail and a fine of up to $1,000.00. It should be noted that these penalties apply to each violation. This means that if you text your ex back three (3) times even though he or she sent you 100 texts, you have violated the PFA order three (3) times.
Even when there are still lingering emotional attachments or there is a desire to dispute claims made against you in PFA filings, you must avoid responding to the other party or taking other action that violates the terms of the order.
Small mistakes can have big consequences
The violation of a PFA order could potentially result in your arrest or even stricter limitations on your personal freedoms. A mistake could also have implications in family court matters, including custody or divorce proceedings.
If a PFA order has been placed against you, it is important to understand what limitations are in place so you don't make mistakes that may have potential criminal consequences.
Learning more about Pennsylvania PFA orders, with the assistance of an experienced legal professional, can help those who are trying to move on from a toxic relationship.
The information provided on this page is for informational purposes only and does not constitute legal advice nor does it create an attorney-client relationship.