Can a Restraining Order Lead to Criminal Charges in Pennsylvania?

A restraining order can be a daunting prospect, no matter what side you are on. If you face a restraining order as a “defendant,” you might be concerned about how this might affect your reputation. You might also be concerned about criminal charges. If you filed a restraining order as a “plaintiff,” you might be equally concerned about your own safety. You might also be worried about putting your ex or family member behind bars. Can a restraining order lead to criminal charges? This is something you might want to discuss with a criminal and family law attorney in Lebanon, Pennsylvania.

Alleged Victims Must Obtain Protection From Abuse Orders Through Civil Courts

First, you should know that you can only obtain a restraining order through civil courts. In Pennsylvania, the proper name for a restraining order is a “protection from abuse” (PFA) order. Civil courts are distinct from criminal courts because they cannot sentence people for crimes. These courts handle things like divorces, child custody, and restraining orders.

Restraining Orders Can Still Lead to Criminal Charges

That said, you should know that restraining orders can still lead to criminal charges in Pennsylvania. Violating a restraining order is a crime, even though the restraining order itself might stem from a civil court.

The Keystone State sees this as a misdemeanor. Although this is not quite as serious as a felony, it is still a blemish on your record. It may affect your life in various ways, and you should avoid this consequence at all costs.

Pennsylvania law states that if you violate a PFA order, you could face a $1,000 fine and six months in jail. The minimum fine in this scenario is $300. Instead of jail time, you might be sentenced to up to six months of probation.

It is worth noting that the violation of a PFA order often occurs in tandem with other crimes. For example, you might be charged with harassment, stalking, or cyberstalking due to your violation of a PFA order.

To avoid violating a PFA order, you must carefully review its details. PFA orders generally require you to stay a certain distance away from the plaintiff. You probably also need to avoid contacting them by phone, email, text message, or any other means.

If you have been falsely accused of violating a PFA order or you did so accidentally, speak with a Pennsylvania criminal defense attorney right away.

Can a Pennsylvania Family Law Attorney Help With Restraining Orders?

A Pennsylvania family law attorney may be able to help with various issues involving restraining orders. It might help to work with a firm that has experience with both criminal law and family law, such as Feeman Law Offices. While a restraining order is a civil court order, its violation may lead to serious criminal consequences. Discuss your next steps by booking a consultation with us today.