What Happens If You Violate a PFA in Pennsylvania?
If you violate a PFA in Pennsylvania, police can arrest you without a warrant and you can be charged with indirect criminal contempt, which under 23 Pa.C.S. 6114(b) carries a fine of $300 to $1,000 plus up to six months in jail or up to six months of supervised probation. There is no jury: the statute says the defendant "shall not have a right to a jury trial on a charge of indirect criminal contempt," though you are entitled to a lawyer. A conviction can also extend the protection order, because at the plaintiff's request the court "shall also grant an extension" for an additional term.
The firearm consequences reach further than the contempt charge itself. Under 23 Pa.C.S. 6113(b), after an arrest for a violation, police or the sheriff "shall seize all firearms, other weapons and ammunition used or threatened to be used" during the violation or prior abuse, "and any other firearms in the defendant's possession." Pennsylvania's Uniform Firearms Act, at 18 Pa.C.S. 6105(c)(6), bars possession by anyone subject to an active final PFA that provided for relinquishment of firearms, and on June 21, 2024 the U.S. Supreme Court upheld the parallel federal ban in United States v. Rahimi by an 8 to 1 vote. This post explains what counts as a violation, how arrests and hearings work, the penalties, the firearm rules and how to protect yourself if you are accused.
What Counts as a PFA Violation?
A PFA violation is any act by the defendant that breaks a term of a protection order, a court-approved consent agreement or a valid out-of-state protection order. Examples can include:
Contacting the plaintiff by phone, text, social media or through other people when the order bars contact
Going to the plaintiff's home, workplace or school when the order forbids it
Failing to give up firearms by the deadline in the order
Abusing, stalking or harassing the plaintiff
Violating custody or residence terms set in the order
The order binds the defendant. Even a friendly message or a single visit can lead to a charge if the order prohibits contact.
Can Police Arrest You Without a Warrant?
Yes. Under 23 Pa.C.S. 6113(a), an officer may arrest without a warrant based on probable cause that the defendant violated a protection order, even if the violation did not happen in the officer's presence. Officers can confirm the order exists through the Pennsylvania State Police registry, the issuing court or another police department.
After the arrest, 6113 requires that the defendant be taken without unnecessary delay before the court in the judicial district where the contempt is alleged to have happened, and that a preliminary arraignment be held without unnecessary delay.
How Does an Indirect Criminal Contempt Case Work?
Indirect criminal contempt, or ICC, is a criminal charge for violating a court order outside the judge's presence. The timeline is short.
The Hearing
Under 6113(f), a hearing must be scheduled within ten days of the filing of the ICC charge or complaint. The case is heard by a judge, not a jury.
Where the Case Is Heard
Under 6114(a.1), a court in the county where the violation happened, or in the county where the PFA was granted, has jurisdiction over the contempt charge.
Who Can File
Section 6114(a) recognizes contempt charges filed by the police, the sheriff or the plaintiff. That means a plaintiff can file a private contempt complaint even if police decline to act.
What Are the Penalties for Violating a PFA?
For a conviction, 23 Pa.C.S. 6114(b) authorizes:
A fine of not less than $300 and not more than $1,000, and imprisonment up to six months, or
A fine of not less than $300 and not more than $1,000, and supervised probation not to exceed six months
The court must notify the sheriff of the conviction. The court must also extend the PFA for an additional term if the plaintiff asks. Under 23 Pa.C.S. 6108(e), pending contempt proceedings are also one of the grounds for extending an order.
A single incident may also lead to separate criminal charges, such as harassment or stalking, depending on what happened. Those charges move through the regular criminal process, which our guide on what to do after an arrest in Pennsylvania explains from the first steps onward. If a conviction follows, our post on how Pennsylvania sentencing guidelines work covers how sentences are set.
How Do Firearm Laws Apply to PFA Defendants?
Firearm rules can outlast the contempt case itself.
At the Time of Arrest
Section 6113(b) requires police or the sheriff to seize firearms, weapons and ammunition used or threatened during the violation or prior abuse, and any other firearms in the defendant's possession. Those items go to the sheriff pending a court order.
While a Final Order Is Active
Under 18 Pa.C.S. 6105(c)(6), a person who is the subject of an active final PFA order issued under 23 Pa.C.S. 6108 that provided for the relinquishment of firearms is prohibited from possessing firearms in Pennsylvania.
Under Federal Law
Federal law, at 18 U.S.C. 922(g)(8), also restricts firearm possession by people subject to qualifying domestic violence restraining orders. In United States v. Rahimi, the U.S. Supreme Court held 8 to 1 that "an individual found by a court to pose a credible threat to the physical safety of another may be temporarily disarmed consistent with the Second Amendment."
If you own firearms and a PFA is entered against you, talk to a lawyer about relinquishment options and timing before the deadline in the order.
What Should You Do If You Are Accused of Violating a PFA?
Stop all contact immediately, even if the plaintiff reaches out first
Do not post about the case or the plaintiff on social media
Save evidence such as texts, call logs, location data and messages that show what actually happened
Write down a timeline while your memory is fresh, and share it only with your lawyer
Ask for a lawyer before answering questions, since 6114(b) entitles you to counsel
Follow every term of the order while the contempt case is pending
If you are also in a custody case, a PFA violation can affect it. Our post on what factors determine child custody in Pennsylvania explains how a parent's conduct is weighed. A conviction can also affect future record relief, which our post on getting a criminal record expunged in Pennsylvania covers.
FAQ
Is violating a PFA a criminal offense in Pennsylvania?
Yes. It is charged as indirect criminal contempt under 23 Pa.C.S. 6114, which can bring a fine of $300 to $1,000 and up to six months in jail or supervised probation.
Do you get a jury trial for a PFA violation?
No. The statute says the defendant has no right to a jury trial on an indirect criminal contempt charge, but the defendant is entitled to counsel.
What if the plaintiff contacted me first?
The order still binds you. The safest course is not to respond and to talk to a lawyer about the contact.
How soon is the hearing on a PFA violation?
Under 23 Pa.C.S. 6113(f), a hearing must be scheduled within ten days of the filing of the contempt charge.
Can a PFA violation extend the order?
Yes. On conviction, the court must extend the order for an additional term if the plaintiff requests it.
Can I keep my guns if a PFA is entered against me?
Not if the final order provides for relinquishment. Pennsylvania law at 18 Pa.C.S. 6105(c)(6) prohibits possession while that order is active, and federal law has its own restrictions.
Talk to a Criminal Defense Attorney at Bolkovac Law Offices
Bolkovac Law Offices defends clients charged with PFA violations and represents both sides in protection from abuse cases across Western Pennsylvania. Attorney Mark D. Bolkovac was admitted to practice in Pennsylvania in 2002 and was appointed to the Pennsylvania Commission on Sentencing in 2024. The firm has offices in Greensburg, Indiana, Murrysville and Uniontown and offers free telephone consultations. Learn more about our protection from abuse services and our criminal defense practice.
Visit Bolkovac Law Offices or call 724-837-2626 today. Contact us for more information.
The information in this article is for general information purposes only and should not be taken as legal advice for any individual case or situation. Reading this article does not create an attorney-client relationship. Every case is different and outcomes depend on the specific facts involved. To discuss your situation, contact Bolkovac Law Offices at 724-837-2626.
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