{"id":1070,"date":"2021-04-12T10:33:49","date_gmt":"2021-04-12T10:33:49","guid":{"rendered":"http:\/\/96.66.168.57:8080\/wordpress\/?page_id=1070"},"modified":"2026-08-24T02:53:59","modified_gmt":"2026-08-24T02:53:59","slug":"intermission-5-introduction-to-the-protection-from-abuse-act-part-3","status":"publish","type":"page","link":"https:\/\/unstablefocus.mynetgear.com\/?page_id=1070","title":{"rendered":"Intermission 5:  Introduction to the Protection from Abuse Act, Part 3"},"content":{"rendered":"<audio class=\"wp-audio-shortcode\" id=\"audio-1070-1\" preload=\"none\" style=\"width: 100%;\" controls=\"controls\"><source type=\"audio\/mpeg\" src=\"https:\/\/unstablefocus.mynetgear.com\/wp-content\/uploads\/2026\/08\/Intermission-1070-P01.mp3?_=1\" \/><a href=\"https:\/\/unstablefocus.mynetgear.com\/wp-content\/uploads\/2026\/08\/Intermission-1070-P01.mp3\">https:\/\/unstablefocus.mynetgear.com\/wp-content\/uploads\/2026\/08\/Intermission-1070-P01.mp3<\/a><\/audio><p>The next two sections of The Act state that a counselor\/advocate can attend any legal proceedings and how and when law enforcement is to disclose each party&#8217;s address.<\/p>\r\n<blockquote>\r\n<p><b>\u00a7 6111. \u00a0Domestic violence counselor\/advocate.<\/b><\/p>\r\n<p>A domestic violence counselor\/advocate may accompany a party to any legal proceeding or hearing under this chapter.<\/p>\r\n<p><b>\u00a7 6112. \u00a0Disclosure of addresses.<\/b><\/p>\r\n<p>During the course of a proceeding under this chapter, the court or hearing officer may consider whether the plaintiff or plaintiff&#8217;s family is endangered by disclosure of the permanent or temporary address of the plaintiff or minor children. Neither in the pleadings nor during proceedings or hearings under this chapter shall the court or hearing officer require disclosure of the address of a domestic violence program. Where the court concludes that the defendant poses a threat of continued danger to the plaintiff and where the plaintiff requests that his or her address, telephone number and information about whereabouts not be disclosed, the court shall enter an order directing that law enforcement agencies, human service agencies and school districts (both in which a plaintiff&#8217;s child in custody of the plaintiff is or has been enrolled) shall not disclose the presence of the plaintiff or the child in the jurisdiction or district or furnish any address, telephone number or any other demographic information about the plaintiff and child except by further order of the court.<\/p>\r\n<\/blockquote>\r\n<p>Section 6113 explains that if there is probable cause that a person has violated a PFA order, the police may arrest the accused without a warrant; the charge will be indirect criminal contempt (ICC).\u00a0 If the police had not previously seized weapons, any weapons might again be subject to seizure if the defendant threatened to use them during the violation of the order. Following an arrest, the police will take the defendant to a holding cell and then &#8220;without unnecessary delay&#8221; before the court or a magisterial district judge for a preliminary arraignment where the judge will set bail.\u00a0 If the defendant can post bail or the bail is unsecured, the police will release the defendant.\u00a0 Otherwise, the court will have the defendant imprisoned at the county jail until the hearing, which again the court must schedule within ten days of the district attorney filing the charge.<\/p>\r\n<blockquote>\r\n<p><strong><span style=\"font-size: 12pt;\">\u00a7 Section 6113.\u00a0 Arrest for violation of order.<\/span><\/strong><\/p>\r\n<ol style=\"list-style-type: lower-latin;\">\r\n<li><b>General rule.&#8211;<\/b>An arrest for violation of an order issued pursuant to this chapter or a foreign protection order may be without warrant upon probable cause whether or not the violation is committed in the presence of the police officer or sheriff in circumstances where the defendant has violated a provision of an order consistent with section 6108(a)(1), (2), (3), (4), (6), (7) or (9) (relating to relief). The police officer or sheriff may verify the existence of a protection order by telephone, radio or other electronic communication with the appropriate police department, Pennsylvania State Police registry, protection order file or issuing authority. A police officer or sheriff shall arrest a defendant for violating an order issued under this chapter by a court within the judicial district, issued by a court in another judicial district within this Commonwealth or a foreign protection order issued by a comparable court.<\/li>\r\n<li><b>Seizure of firearms, other weapons and ammunition.&#8211;<\/b>Subsequent to an arrest, the police officer or sheriff shall seize all firearms, other weapons and ammunition used or threatened to be used during the violation of the protection order or during prior incidents of abuse and any other firearms in the defendant&#8217;s possession. As soon as it is reasonably possible, the arresting officer shall deliver the confiscated firearms, other weapons and ammunition to the office of the sheriff. The sheriff shall maintain possession of the firearms, other weapons and ammunition until the court issues an order specifying the firearms, other weapons and ammunition to be relinquished and the persons to whom the firearms, other weapons and ammunition shall be relinquished.<\/li>\r\n<li><b>Procedure following arrest.&#8211;<\/b>Subsequent to an arrest, the defendant shall be taken by the police officer or sheriff without unnecessary delay before the court in the judicial district where the contempt is alleged to have occurred. When that court is unavailable, the police officer or sheriff shall convey the defendant to a magisterial district judge designated as appropriate by local rules of court or, in the city of Pittsburgh, to a magistrate of the Pittsburgh Magistrates Court or, in counties of the first class, to the appropriate hearing officer. For purposes of procedure relating to arraignments for arrest for violation of an order issued under this chapter, the judges of Pittsburgh Magistrates Court shall be deemed to be magisterial district judges.<\/li>\r\n<li><b>Preliminary arraignment.&#8211;<\/b>The defendant shall be afforded a preliminary arraignment without unnecessary delay.<\/li>\r\n<li><b>Other emergency powers unaffected.&#8211;<\/b>This section shall not be construed to in any way limit any of the other powers for emergency relief provided in this chapter.<\/li>\r\n<li><b>Hearing.&#8211;<\/b>A hearing shall be scheduled within ten days of the filing of the charge or complaint of indirect criminal contempt. The hearing and any adjudication shall not preclude a hearing on other criminal charges underlying the contempt, nor shall a hearing or adjudication on other criminal charges preclude a hearing on a charge of indirect criminal contempt.<\/li>\r\n<\/ol>\r\n<\/blockquote>\r\n<p>A supplement to Section 6113 allows plaintiffs to file a private criminal complaint against defendants; this is likely only done if the police or district attorney refuses to investigate.\u00a0 After a person files a private criminal complaint, the district attorney&#8217;s office must decide whether to require the police to investigate &#8220;without unreasonable delay,&#8221; whatever that means.\u00a0 If the district attorney decides not to pursue the case, the accuser can appeal to the county court.\u00a0 However, the county court will likely never overturn the decision of the district attorney.<\/p>\r\n<p>This section mirrors the Pennsylvania criminal code provisions that allow private citizens to file criminal complaints against anyone with any charge.\u00a0 These are a relic of the Pennsylvania legal system, and I believe citizens very rarely use them.\u00a0 I, however, filed a number of them because the police and district attorney refused to take action against some clear violations of the law.\u00a0 I will discuss these complaints in much greater detail later in the book.\u00a0 Unsurprisingly, they were all denied by the district attorney.\u00a0 I appealed one of them to the court, but the court rejected it.\u00a0 The system of private criminal complaints makes little sense in today&#8217;s legal system.\u00a0 Requiring a district attorney&#8217;s office to research something they are uninterested in is not going to lead to a conviction.<\/p>\r\n<p>Of note, Pennsylvania also has a system for private prosecutions in which a private attorney can act as the prosecutor.\u00a0 Getting a private criminal complaint adjudicated will likely require a private prosecution.\u00a0 I have never heard of anyone doing this, but I seriously considered it as a legal exercise; I would have acted as the prosecuting attorney.\u00a0 In the end, this would have just come off as vindictive, annoyed the court, and required a considerable amount of time and money.\u00a0 I will discuss this in more detail later.<\/p>\r\n<blockquote>\r\n<h3><span style=\"font-size: 12pt;\"><b>\u00a7 6113.1. \u00a0Private criminal complaints for violation of order or agreement.<\/b><\/span><\/h3>\r\n<ol style=\"list-style-type: lower-latin;\">\r\n<li><b>General rule.&#8211;<\/b>A plaintiff may file a private criminal complaint against a defendant, alleging indirect criminal contempt for a noneconomic violation of any provision of an order or court-approved consent agreement issued under this chapter or a foreign protection order, with the court, the office of the district attorney or the magisterial district judge in the jurisdiction or county where the violation occurred, except that, in a city of the first class, a complaint may only be filed with the family division of the court of common pleas or the office of the district attorney.<\/li>\r\n<li><b>Procedure service.&#8211;<\/b>Procedure for filing and service of a private criminal complaint shall be provided as set forth by local rule. No fees or costs associated with the prosecution of the private criminal complaint shall be assigned to the plaintiff at any stage of the proceeding, including, but not limited to, filing, service, failure to prosecute, withdrawal or dismissal. Nothing in this subsection is intended to expand or diminish the court&#8217;s authority to enter an order pursuant to Pa.R.C.P. No. 1023.1 (relating to Scope. Signing of Documents. Representations to the Court. Violation).<\/li>\r\n<li><b>Fees and costs.&#8211;<\/b>After a finding of indirect criminal contempt, fees and costs may be assessed against the defendant. The court shall waive fees and costs imposed pursuant to this chapter upon a showing of good cause or when the court makes a finding that the defendant is not able to pay the costs associated with the indirect criminal contempt action. Nothing in this subsection is intended to expand or diminish the court&#8217;s authority to enter an order pursuant to Pa.R.C.P. No. 1023.1.<\/li>\r\n<\/ol>\r\n<\/blockquote><p><!--nextpage--><\/p><audio class=\"wp-audio-shortcode\" id=\"audio-1070-2\" preload=\"none\" style=\"width: 100%;\" controls=\"controls\"><source type=\"audio\/mpeg\" src=\"https:\/\/unstablefocus.mynetgear.com\/wp-content\/uploads\/2026\/08\/Intermission-1070-P02.mp3?_=2\" \/><a href=\"https:\/\/unstablefocus.mynetgear.com\/wp-content\/uploads\/2026\/08\/Intermission-1070-P02.mp3\">https:\/\/unstablefocus.mynetgear.com\/wp-content\/uploads\/2026\/08\/Intermission-1070-P02.mp3<\/a><\/audio>\r\n<p>Contempt of court is essentially a charge of ignoring or disregarding an order of the court.\u00a0 It is not criminal in the standard definition of the word, i.e., relating to breaking the law, although courts deem it to be. The legal definition of &#8220;criminal&#8221; and what is a crime is oddly quite vague. The term &#8220;indirect&#8221; means that the contempt occurred outside the court&#8217;s presence, i.e., neither the judge nor a court officer witnessed the act deemed contemptuous.\u00a0 The description &#8220;criminal&#8221; as opposed to &#8220;civil&#8221; indicates that the contemptuous act cannot be undone or reconciled.\u00a0 For example, the defendant cannot undo the fact that they telephoned the accuser because their daughter was sick.\u00a0 Not paying child support or refusing to perform a duty required by an order would be civil contempt because the offender could reconcile the contemptuous act by paying the money or fulfilling the obligation.\u00a0 This distinction between criminal and civil appears to be inconsistent across the legal system as, say, embezzlement is criminal, although the embezzler could theoretically return the money.\u00a0 There has been a great deal of legal debate on the distinction between criminal and civil contempt, some of which I will discuss later.<\/p>\r\n<p>I feel courts should not distinguish between criminal and civil contempt as the ordinary meaning of criminal is that someone broke the law as written and passed by the government, not that they broke an order written by a single judge.\u00a0 Courts have argued the distinction is necessary because it supposedly offers people charged with criminal contempt the rights provided to someone accused of a crime. These rights, however, are not given in practice.<\/p>\r\n<blockquote>\r\n<h3><span style=\"font-size: 12pt;\"><b>\u00a7 <\/b>Section 6114.\u00a0\u00a0Contempt for violation of order or agreement<\/span><\/h3>\r\n<ol style=\"list-style-type: lower-latin;\">\r\n<li><b> \u00a0General rule.&#8211;<\/b>Where the police, sheriff or the plaintiff have filed charges of indirect criminal contempt against a defendant for violation of a protection order issued under this chapter, a foreign protection order or a court-approved consent agreement, the court may hold the defendant in indirect criminal contempt and punish the defendant in accordance with law.<\/li>\r\n<li style=\"list-style-type: none;\">(a.1) \u00a0<b>Jurisdiction.&#8211;<\/b>A court shall have jurisdiction over indirect criminal contempt charges for violation of a protection order issued pursuant to this chapter in the county where the violation occurred and in the county where the protection order was granted. A court shall have jurisdiction over indirect criminal contempt charges for violation of a foreign protection order in the county where the violation occurred.<\/li>\r\n<li style=\"list-style-type: none;\">(a.2) \u00a0<b>Minor defendant.&#8211;<\/b>Any defendant who is a minor and who is charged with indirect criminal contempt for allegedly violating a protection from abuse order shall be considered to have committed an alleged delinquent act as that term is defined in 42 Pa.C.S. \u00a7 6302 (relating to definitions) and shall be treated as provided in 42 Pa.C.S. Ch. 63 (relating to juvenile matters).<\/li>\r\n<\/ol>\r\n<ol style=\"list-style-type: lower-latin;\" start=\"2\">\r\n<li><b>Trial and punishment.&#8211;<\/b>\r\n<ol style=\"list-style-type: decimal;\">\r\n<li>A sentence for contempt under this chapter may include:\r\n<ol style=\"list-style-type: lower-roman;\">\r\n<li><br \/>\r\n<ol style=\"list-style-type: upper-latin;\">\r\n<li>a fine of not less than $300 nor more than $1,000 and imprisonment up to six months; or<\/li>\r\n<li>a fine of not less than $300 nor more than $1,000 and supervised probation not to exceed six months; and<\/li>\r\n<\/ol>\r\n<\/li>\r\n<li>an order for other relief set forth in this chapter.<\/li>\r\n<\/ol>\r\n<\/li>\r\n<li>All money received under this section shall be distributed in the following order of priority:\r\n<ol style=\"list-style-type: lower-roman;\">\r\n<li>$100 shall be forwarded to the Commonwealth and shall be appropriated to the Pennsylvania State Police to establish and maintain the Statewide registry of protection orders provided for in section 6105 (relating to responsibilities of law enforcement agencies).<\/li>\r\n<li>$100 shall be retained by the county and shall be used to carry out the provisions of this chapter as follows:\r\n<ol style=\"list-style-type: upper-latin;\">\r\n<li>$50 shall be used by the sheriff.<\/li>\r\n<li>$50 shall be used by the court.<\/li>\r\n<\/ol>\r\n<\/li>\r\n<li>$100 shall be forwarded to the Department of Public Welfare for use for victims of domestic violence in accordance with the provisions of section 2333 of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929.<\/li>\r\n<li>Any additional money shall be forwarded to the Commonwealth and shall be used by the Pennsylvania State Police to establish and maintain the Statewide registry of protection orders provided for in section 6105.<\/li>\r\n<\/ol>\r\n<\/li>\r\n<li>The defendant shall not have a right to a jury trial on a charge of indirect criminal contempt. However, the defendant shall be entitled to counsel.<\/li>\r\n<li>Upon conviction for indirect criminal contempt and at the request of the plaintiff, the court shall also grant an extension of the protection order for an additional term.<\/li>\r\n<li>Upon conviction for indirect criminal contempt, the court shall notify the sheriff of the jurisdiction which issued the protection order of the conviction.<\/li>\r\n<li>The minimum fine required by subsection (b)(1) allocated pursuant to subsection (b)(2)(i) and (iii) shall be used to supplement and not to supplant any other source of funds received for the purpose of carrying out the provisions of this chapter.<\/li>\r\n<\/ol>\r\n<\/li>\r\n<li><b>Notification upon release.&#8211;<\/b>The appropriate releasing authority or other official as designated by local rule shall use all reasonable means to notify the victim sufficiently in advance of the release of the offender from any incarceration imposed under subsection (b). Notification shall be required for work release, furlough, medical leave, community service, discharge, escape and recapture. Notification shall include the terms and conditions imposed on any temporary release from custody. The plaintiff must keep the appropriate releasing authority or other official as designated by local rule advised of contact information; failure to do so will constitute waiver of any right to notification under this section.<\/li>\r\n<li><b>Multiple remedies.&#8211;<\/b>Disposition of a charge of indirect criminal contempt shall not preclude the prosecution of other criminal charges associated with the incident giving rise to the contempt, nor shall disposition of other criminal charges preclude prosecution of indirect criminal contempt associated with the criminal conduct giving rise to the charges.<\/li>\r\n<\/ol>\r\n<\/blockquote>\r\n<p>Section 6114 also describes the punishments should the accused be found guilty of violating the order, i.e., being in contempt of court.\u00a0 It states, &#8220;&#8230;the court may hold the defendant in indirect criminal contempt and punish the defendant in accordance with the law,&#8221; which is odd because the court has ruled that the law limiting sentences is unconstitutional.\u00a0 It is simply court rules that govern the punishment.<\/p>\r\n<p>In a sub-section titled &#8220;Trial and punishment,&#8221; which is also strange because the defendant does not get a trial in the usual sense of the word.\u00a0 It should be titled &#8220;Hearing and punishment&#8221; as the proceedings for deciding guilt are much closer to those in a civil hearing.\u00a0 The possible sentences are:<\/p>\r\n<ul>\r\n<li>a fine of not less than $300 nor more than $1,000 and imprisonment up to six months; or<\/li>\r\n<li>a fine of not less than $300 nor more than $1,000 and supervised probation not to exceed six months.<\/li>\r\n<\/ul>\r\n<p>The court can also issue &#8220;an order for other relief set forth in this chapter.&#8221;<\/p>\r\n<p>For <em>many<\/em> years this conflicted with another statute with a section limiting the sentence to 15 days imprisonment.\u00a0 However, that section was ruled unconstitutional. The courts seem to have adopted the punishment guidelines given in this section of The Act, which should be unconstitutional if the other statute is. \u00a0From reading appeals of PFA violations, it appears that courts excepted that the punishments allowed in The Act overrode those in the other law. I will discuss this at length later.<\/p>\r\n<p>This section also reiterates that the defendant shall not have the right to a jury trial but shall be entitled to counsel.\u00a0 It also states that &#8220;Upon conviction for indirect criminal contempt and at the request of the plaintiff, the court shall also grant an extension of the protection order for an additional term.&#8221; In my case, the court granted an extension without the plaintiff requesting it; she didn&#8217;t even participate in the hearing.\u00a0 On appeal, the judge wrote that the legislature could not possibly have meant that an accuser should have to attend the hearing.<\/p>\r\n<p>Finally, this section states, &#8220;Disposition of a charge of indirect criminal contempt shall not preclude the prosecution of other criminal charges associated with the incident giving rise to the contempt, nor shall disposition of other criminal charges preclude prosecution of indirect criminal contempt associated with the criminal conduct giving rise to the charges.&#8221; This statement essentially says that double jeopardy does not apply.\u00a0 When I discovered this section, it worried me greatly because I could have been charged with harassment or something as soon as I served the ICC sentence.\u00a0<\/p>\r\n<div class=\"su-box su-box-style-default\" id=\"right-sidebar\" style=\"border-color:#000009;border-radius:3px;max-width:none\"><div class=\"su-box-title\" style=\"background-color:#2F323C;color:#FFFFFF;border-top-left-radius:1px;border-top-right-radius:1px\">Double Jeopardy<\/div><div class=\"su-box-content su-u-clearfix su-u-trim\" style=\"border-bottom-left-radius:1px;border-bottom-right-radius:1px\">This has been debated contentiously in the US Supreme Court with double jeopardy&#8217;s interpretation changing back and forth from being strict and broad. Some justices\/courts have felt the federal court system should be allowed to punish an individual separately from the state.\u00a0 Others take a narrow view of the constitution such that as long as the statutes are not identical, then different violations amount to different acts.\u00a0 Finally, other justices argue that regardless of the law&#8217;s wording, the founding fathers meant that a person should not be punished twice for the same act.\u00a0 The issue boils down to how &#8220;act&#8221; is defined.\u00a0 For example, is breaking into a home one act or many?<\/div><\/div>\r\n<p>It appears the discretion of the court and district attorney determines how to proceed with other charges. \u00a0I was fortunately not charged with a crime for any of the acts that led to PFA violations. \u00a0I believe this was because I did nothing a reasonable person would construe as a crime. \u00a0Plus, the punishments I was given easily exceeded that which I&#8217;d have likely received for harassment. \u00a0Regardless, I was apprehensive that the district attorney could still criminally charge me for something the court had already punished for me.<\/p>\r\n<p>One would think that the subsection about &#8220;Trial and punishment&#8221; would establish how the court should conduct the trial\/hearing. \u00a0However, nothing in this section provides procedures the court should follow during the hearing, besides explicitly stating the defendant does not have the right to a jury trial but is entitled to counsel.\u00a0 It says nothing about what other rights a defendant does and does not have. Because this is criminal contempt, the defendant should have the rights afforded to a person accused of a crime.\u00a0 However, the courts have held that these hearings are <em>sui generis<\/em>, i.e., unique, and not all rights of the accused apply.\u00a0 However, it is unclear what rights the court does afford the defendant and what rights it does not.<\/p>\r\n<p>The statute does make it clear that a defendant is &#8220;entitled&#8221; to an attorney. I&#8217;m not sure how the courts interpret this.\u00a0 Will the state provide an attorney if the defendant cannot afford one?\u00a0 Or, like with the hearing concerning the order, is this saying you <em>can<\/em> have counsel present, but the state is not going to provide it?\u00a0 I heard of a case where the defendant came to the hearing without an attorney but had not waived his right to have one.\u00a0 The court had to scramble to find a public defender to act as the defense attorney with absolutely no knowledge of the case.\u00a0 Thus, I believe in this instance, &#8220;entitled&#8221; means that the state will provide an attorney if the defendant can&#8217;t afford one.\u00a0 The court must then expedite the usual process for determining if someone is eligible for a public defender.<\/p>\r\n<p>As with the hearing concerning the order itself, I have never heard of attorneys exchanging discovery before an ICC hearing.\u00a0 However, I am aware of the district attorney presenting surprise and unrelated but inflammatory evidence at hearings.\u00a0 These maneuvers are a problem for defendants because their attorneys will not be prepared to counter new allegations.\u00a0 Allowing a defendant to prepare is also why surprise evidence is not allowed in a fair criminal trial.<\/p>\r\n<p>The defense will also have no idea who might testify.\u00a0 Again this is a tremendous burden for the defense because it will not likely be prepared to cross-examine witnesses.\u00a0 The court may have excluded witnesses in an actual criminal trial because their testimony would be irrelevant, but they will be allowed to testify in ICC hearings.\u00a0 Neither the defense nor the court has any idea to what fact(s) the witness will testify.<\/p>\r\n<p>Additionally, in an actual criminal proceeding, the defendant has a right to confront the accuser.\u00a0 This right is not given to the defendant in an ICC hearing as personal experience shows the accuser need not even be present and may not have even known there was an alleged violation.<\/p>\r\n<p>As with the hearing concerning the order itself, there is very little time to prepare a defense.\u00a0 Again, it is nice to have a speedy trial, but the maximum of ten days provided by The Act puts a considerable burden on the defense.\u00a0 Busy private attorneys and even busier public defenders might have at most an hour to meet with the defendant to learn about what may well be a highly complex situation.\u00a0 If the defendant is jailed, there is essentially no way to prepare a defense.<\/p>\r\n<p>What evidence will be allowed and who will testify are all settled beforehand in criminal trials.\u00a0 If the prosecution wants to present evidence or witnesses that the defense considers inappropriate, there will be a hearing before the trial for a judge to decide.\u00a0 For example, if a defendant believes the police collected evidence illegally, they have the right to ask the court to exclude it before the trial.\u00a0 Likewise, if the prosecution wants to call a witness the defendant believes is irrelevant to the case, they can ask for this witness to be excluded before the trial.\u00a0 The same applies to evidence of prior &#8220;bad acts&#8221; the prosecution might want to include.\u00a0 Even if this evidence or these witnesses are allowed in pre-trial hearings, at least the defense knows they will be part of the trial and can prepare for them.<\/p>\r\n<p>It is not even clear what the burden of proof is for proving a PFA violation. \u00a0In general, because the state classifies ICC as a crime, the burden of proof should be &#8220;beyond a reasonable doubt.&#8221; The United States Supreme Court made this determination in 1911 in Gompers v. Buck&#8217;s Stove &amp; Range Co.\u00a0 However, for all practical purposes, it is irrelevant because all that matters is what the judge thinks, making the actual burden a preponderance of the evidence.<\/p>\r\n<p>For grave crimes in which a PFA violation also occurred, the district attorneys will use the PFA violation to incarcerate the defendant until they can deal with the more severe offense. \u00a0Thus, defendants are held on the PFA violation while the district attorney builds the case against them. \u00a0This strategy essentially circumvents the possibility the court releases the defendant on bail; however, if the crime were grave enough, that would probably be unlikely anyway.<\/p>\r\n<p>When a defendant is released, the releasing authority must use all reasonable means to notify the plaintiff sufficiently in advance as long as the plaintiff keeps the releasing authority informed of address changes. &#8220;Release&#8221; also includes all times when the defendant is not in the custody of authorities, such as work release.\u00a0 In the Centre County jail, people there on PFA violations are not allowed to have work release.<\/p>\r\n<p>Subsection 6114.1, added in 1994 and amended in 2001, is somewhat peculiar, and I don&#8217;t know if plaintiffs ever use it.\u00a0 It states that a plaintiff can file a petition to hold the defendant in civil contempt for violating a PFA order.\u00a0 While it says that punishment &#8220;may include imprisonment until the defendant complies with provisions in the order or consent agreement or demonstrates the intent to do so,&#8221; it seems to muddy the waters between the court&#8217;s distinction between civil and criminal contempt by distinguishing civil from criminal contempt by who files the petition.\u00a0 The legislature may have added this to cover provisions in the order requiring the defendant to perform specific actions, e.g., pay support, that could be considered civil contempt.\u00a0 I would think that the state would also file the petition in this case, but maybe not.<\/p>\r\n<blockquote>\r\n<h3><span style=\"font-size: 12pt;\"><b>\u00a7 6114.1. \u00a0Civil contempt or modification for violation of an order or agreement<\/b><\/span><\/h3>\r\n<ol style=\"list-style-type: lower-latin;\">\r\n<li><b>General rule.&#8211;<\/b>A plaintiff may file a petition for civil contempt with the issuing court alleging that the defendant has violated any provision of an order or court-approved agreement issued under this chapter or a foreign protection order.<\/li>\r\n<li><b>Civil contempt order.&#8211;<\/b>Upon finding of a violation of a protection order or court-approved consent agreement issued under this chapter or a foreign protection order, the court, either pursuant to petition for civil contempt or on its own accord, may hold the defendant in civil contempt and constrain him in accordance with law.<\/li>\r\n<li><b>Sentencing.&#8211;<\/b>A sentence for civil contempt under this chapter may include imprisonment until the defendant complies with provisions in the order or consent agreement or demonstrates the intent to do so, but in no case shall a term of imprisonment under this section exceed a period of six months.<\/li>\r\n<li><b>Jury trial and counsel.&#8211;<\/b>The defendant shall not have a right to a jury trial; however, the defendant shall be entitled to counsel.<\/li>\r\n<\/ol>\r\n<\/blockquote>\r\n<p>While I have requested (and been denied) data to study this, I have never seen or heard of the court acquitting someone for violating a PFA.\u00a0 Thus, if the police arrest you for violating a PFA, you will almost certainly be convicted. If the court has released you on bail, be prepared to go immediately to jail because the sentencing phase of the &#8220;trial&#8221; takes place directly after the judge rules.\u00a0 Combining trial and sentencing is another thing that makes it very difficult for defendants and defense attorneys.\u00a0 Defendants are forced to argue at the same time they&#8217;re trying to convince the judge of innocence that, should the judge convict, what the sentence should be.\u00a0 Thus, get your affairs in order before the hearing because you will not have an opportunity to do so afterward.<\/p>\r\n<p class=\"wp-block-table is-style-stripes\"><p><!--nextpage--><\/p><audio class=\"wp-audio-shortcode\" id=\"audio-1070-3\" preload=\"none\" style=\"width: 100%;\" controls=\"controls\"><source type=\"audio\/mpeg\" src=\"https:\/\/unstablefocus.mynetgear.com\/wp-content\/uploads\/2026\/08\/Intermission-1070-P03.mp3?_=3\" \/><a href=\"https:\/\/unstablefocus.mynetgear.com\/wp-content\/uploads\/2026\/08\/Intermission-1070-P03.mp3\">https:\/\/unstablefocus.mynetgear.com\/wp-content\/uploads\/2026\/08\/Intermission-1070-P03.mp3<\/a><\/audio>\r\n<p><!-- \/wp:post-content -->\r\n\r\n<!-- wp:tadv\/classic-paragraph --><\/p>\r\n<p>The remaining sections, 6115 through 6122 with 6118 having been repealed, provide information about reporting, confidentiality, immunity, etc.\u00a0 The only notable provision here states that, while the police can arrest the defendant without a warrant, they may not do warrantless searches for firearms, other weapons, or ammunition.\u00a0 I have included them below for completeness.<\/p>\r\n<blockquote>\r\n<p><b>\u00a7 6115. \u00a0Reporting abuse and immunity<\/b><\/p>\r\n<ol>\r\n<li style=\"list-style-type: none;\">\r\n<ol style=\"list-style-type: lower-latin;\">\r\n<li><b>Reporting.&#8211;<\/b>A person having reasonable cause to believe that a person is being abused may report the information to the local police department.<\/li>\r\n<li><b>Contents of report.&#8211;<\/b>The report should contain the name and address of the abused person, information regarding the nature and extent of the abuse and information which the reporter believes may be helpful to prevent further abuse.<\/li>\r\n<li><b>Immunity.&#8211;<\/b>A person who makes a report shall be immune from a civil or criminal liability on account of the report unless the person acted in bad faith or with malicious purpose.<\/li>\r\n<\/ol>\r\n<\/li>\r\n<\/ol>\r\n<p><b>\u00a7 6116. \u00a0Confidentiality.<\/b><\/p>\r\n<ol>\r\n<li style=\"list-style-type: none;\">\r\n<ol>\r\n<li style=\"list-style-type: none;\">Unless a victim waives the privilege in a signed writing prior to testimony or disclosure, a domestic violence counselor\/advocate or a coparticipant who is present during domestic violence counseling\/advocacy shall not be competent nor permitted to testify or to otherwise disclose confidential communications made to or by the counselor\/advocate by or to a victim. The privilege shall terminate upon the death of the victim. Neither the domestic violence counselor\/advocate nor the victim shall waive the privilege of confidential communications by reporting facts of physical or sexual assault under Chapter 63 (relating to child protective services), a Federal or State mandatory reporting statute or a local mandatory reporting ordinance.<\/li>\r\n<\/ol>\r\n<\/li>\r\n<\/ol>\r\n<p><b>\u00a7 6117. \u00a0Procedure and other remedies.<\/b><\/p>\r\n<ol>\r\n<li style=\"list-style-type: none;\">\r\n<ol style=\"list-style-type: lower-latin;\">\r\n<li><b>General rule.&#8211;<\/b>Unless otherwise indicated in this chapter, a proceeding under this chapter shall be in accordance with applicable general rules and shall be in addition to any other available civil or criminal remedies. The plaintiff and the defendant may seek modification of an order issued under section 6108 (relating to relief) at any time during the pendency of an order. Except as otherwise indicated in this chapter, modification may be ordered after the filing of a petition for modification, service of the petition and a hearing on the petition.<\/li>\r\n<li><b>Remedies for bad faith.&#8211;<\/b>Notwithstanding any other provision of law, upon finding that an individual commenced a proceeding under this chapter in bad faith, a court shall direct the individual to pay to the defendant actual damages and reasonable attorney fees. Failure to prove an allegation of abuse by a preponderance of the evidence shall not, by itself, result in a finding of bad faith.<\/li>\r\n<\/ol>\r\n<\/li>\r\n<\/ol>\r\n<p><b>\u00a7 6119. \u00a0Immunity.<\/b><\/p>\r\n<ol>\r\n<li style=\"list-style-type: none;\">\r\n<ol style=\"list-style-type: lower-latin;\">\r\n<li><b>General rule.&#8211;<\/b>Law enforcement agencies and their employees, including police officers and sheriffs, shall, except as provided in subsection (b), be immune from civil liability for actions taken in good faith to carry out their duties relating to the seizure and relinquishment of firearms, other weapons and ammunition as provided for in this chapter, except for gross negligence, intentional misconduct or reckless, willful or wanton misconduct.<\/li>\r\n<li><b>Exception.&#8211;<\/b>Law enforcement agencies and their employees, including police officers and sheriffs, shall be liable to the lawful owner of confiscated, seized or relinquished firearms in accordance with 18 Pa.C.S. \u00a7 6105(f) (relating to persons not to possess, use, manufacture, control, sell or transfer firearms) and shall be liable to the lawful owner of confiscated, seized or relinquished other weapons or ammunition for any loss, damage or substantial decrease in the value of the other weapons or ammunition that is a direct result of a lack of reasonable care by the law enforcement agency or its employees.<\/li>\r\n<\/ol>\r\n<\/li>\r\n<\/ol>\r\n<p><b>\u00a7 6120. \u00a0Inability to pay.<\/b><\/p>\r\n<ol>\r\n<li style=\"list-style-type: none;\">\r\n<ol style=\"list-style-type: lower-latin;\">\r\n<li><b>Order for installment payments.&#8211;<\/b>Upon plea and proof that a person is without the financial means to pay a fine, a fee, economic relief ordered under section 6108(a)(8) (relating to relief) or a cost, a court may order payment of money owed in installments appropriate to the circumstances of the person and shall fix the amounts, times and manner of payment.<\/li>\r\n<li><b>Use of credit cards.&#8211;<\/b>The treasurer of each county may allow the use of credit cards and bank cards in the payment of money owed under this chapter.<\/li>\r\n<\/ol>\r\n<\/li>\r\n<\/ol>\r\n<p><b>\u00a7 6121. \u00a0Warrantless searches.<\/b><\/p>\r\n<ol>\r\n<li style=\"list-style-type: none;\">\r\n<ol>\r\n<li style=\"list-style-type: none;\">Except as provided in section 6113 (relating to arrest for violation of order), nothing in this chapter shall authorize a warrantless search for firearms, other weapons or ammunition.<\/li>\r\n<\/ol>\r\n<\/li>\r\n<\/ol>\r\n<p><b>\u00a7 6122. \u00a0Construction.<\/b><\/p>\r\n<ol>\r\n<li style=\"list-style-type: none;\">\r\n<ol>\r\n<li style=\"list-style-type: none;\">Nothing in this chapter shall be construed to preclude an action for wrongful use of civil process pursuant to 42 Pa.C.S. Ch. 83 Subch. E (relating to wrongful use of civil proceedings) or criminal prosecution for a violation of 18 Pa.C.S. Ch. 49 (relating to falsification and intimidation).<\/li>\r\n<\/ol>\r\n<\/li>\r\n<\/ol>\r\n<\/blockquote>\r\n<h3>Section 4136.\u00a0 Rights of persons charged with certain indirect criminal contempt<\/h3>\r\n<p>The legislature added Section 4136 as part of Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes in 1976, the same year The Act was passed into law.\u00a0 In addition to requiring a jury trial, Section 4136 also limits the maximum sentence for disobeying a restraining order to no more than 15 days in jail and a $100 fine.\u00a0 It would then appear that The Act, which makes it clear a PFA order is indeed a restraining order, is in direct conflict with this statute. \u00a0However, this was ruled in 2008 to violate Pennsylvania&#8217;s constitution in Commonwealth v. McMullen.\u00a0 An excellent article in the Duquesne Law Review by Daniel Sodroski titled &#8220;<a href=\"https:\/\/unstablefocus.mynetgear.com\/wp-content\/uploads\/2021\/07\/Sodroski-567.pdf\">Unraveling the Uncertainties of the Separation of Powers Between Pennsylvania&#8217;s General Assembly and the Judiciary in the Field of Criminal Contempt: The Constitutionality of Pennsylvania&#8217;s Criminal Contempt Statutes After Commonwealth v. McMullen<\/a>&#8221; explores this decision.\u00a0 I will discuss this article in detail later in the book.<\/p>\r\n<blockquote>\r\n<p><strong>\u00a7 4136. Rights of persons charged with certain indirect criminal contempts.<\/strong><\/p>\r\n<ol style=\"list-style-type: lower-latin;\">\r\n<li><strong>General rule.&#8211;<\/strong>A person charged with indirect criminal contempt for violation of a restraining order or injunction issued by a court shall enjoy:\r\n<ol style=\"list-style-type: decimal;\">\r\n<li>The rights to bail that are accorded to persons accused of crime.<\/li>\r\n<li>The right to be notified of the accusation and a reasonable time to make a defense, if the alleged contempt is not committed in the immediate view or presence of the court.<\/li>\r\n<li><br \/>\r\n<ol style=\"list-style-type: lower-roman;\">\r\n<li>Upon demand, the right to a speedy and public trial by an impartial jury of the judicial district wherein the contempt is alleged to have been committed.<\/li>\r\n<li>\u00a0The requirement of subparagraph (i) shall not be construed to apply to contempts:\r\n<ol style=\"list-style-type: upper-latin;\">\r\n<li>Committed in the presence of the court or so near thereto as to interfere directly with the administration of justice, or to apply to the misbehavior, misconduct, or disobedience of any officer of the court in respect to the writs, orders, or process of the court.<\/li>\r\n<li>Subject to 23 Pa.C.S. \u00a7 6114 (relating to contempt for violation of order or agreement).<\/li>\r\n<li>Subject to 75 Pa.C.S. \u00a7 4108(c) (relating to nonjury criminal contempt proceedings).<\/li>\r\n<\/ol>\r\n<\/li>\r\n<\/ol>\r\n<\/li>\r\n<li>The right to file with the court a demand for the withdrawal of the judge sitting in the proceeding, if the alleged contempt arises from an attack upon the character or conduct of such judge, and if the attack occurred otherwise than in open court. Upon the filing of any such demand, the judge shall thereupon proceed no further but another judge shall be designated by the court. The demand shall be filed prior to the hearing in the contempt proceeding.<\/li>\r\n<\/ol>\r\n<\/li>\r\n<li><strong>Punishment.&#8211;<\/strong>Except as otherwise provided in this title or by statute hereafter enacted, punishment for a contempt specified in subsection (a) may be by fine not exceeding $100 or by imprisonment not exceeding 15 days in the jail of the county where the court is sitting, or both, in the discretion of the court. Where a person is committed to jail for the nonpayment of such a fine, he shall be discharged at the expiration of 15 days, but where he is also committed for a definite time, the 15 days shall be computed from the expiration of the definite time.<\/li>\r\n<\/ol>\r\n<\/blockquote>","protected":false},"excerpt":{"rendered":"<p>The next two sections of The Act state that a counselor\/advocate can attend any legal proceedings and how and when law enforcement is to disclose each party&#8217;s address. \u00a7 6111. \u00a0Domestic violence counselor\/advocate. A domestic violence counselor\/advocate may accompany a party to any legal proceeding or hearing under this chapter. \u00a7 6112. \u00a0Disclosure of addresses. [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_oasis_is_in_workflow":0,"_oasis_original":0,"inline_featured_image":false,"footnotes":""},"class_list":["post-1070","page","type-page","status-publish","hentry"],"jetpack-related-posts":[],"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/unstablefocus.mynetgear.com\/index.php?rest_route=\/wp\/v2\/pages\/1070","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/unstablefocus.mynetgear.com\/index.php?rest_route=\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/unstablefocus.mynetgear.com\/index.php?rest_route=\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/unstablefocus.mynetgear.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/unstablefocus.mynetgear.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1070"}],"version-history":[{"count":30,"href":"https:\/\/unstablefocus.mynetgear.com\/index.php?rest_route=\/wp\/v2\/pages\/1070\/revisions"}],"predecessor-version":[{"id":3068,"href":"https:\/\/unstablefocus.mynetgear.com\/index.php?rest_route=\/wp\/v2\/pages\/1070\/revisions\/3068"}],"wp:attachment":[{"href":"https:\/\/unstablefocus.mynetgear.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1070"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}