117-119 N. Olive St., Media, PA 19063
Free Consultation: (610) 891-8303

Last updated October 4, 2026.

A PFA violation is usually charged as indirect criminal contempt. Police may arrest you without a warrant if they have probable cause, even if they did not see the violation, and a hearing must be scheduled within ten days of the charge (23 Pa.C.S. 6113(a) and (f)). If the judge finds you in contempt, the sentence can include a fine of $300 to $1,000 and up to six months in jail or on supervised probation, and there is no jury (23 Pa.C.S. 6114(b)).

Separate criminal charges for the same incident, such as harassment or assault, can be filed as well, because the contempt case and any other prosecution do not block each other (6114(d)). For our overall approach to criminal cases, see our criminal defense page. The PFA order itself, and how it is obtained, is explained on our protection from abuse page.

What counts as a violation?

Delaware County's district court page describes indirect criminal contempt as "a violation of one or more of the non-economic conditions" of an emergency, temporary or final PFA order. Police may arrest without a warrant when the violation involves the order's core terms (6113(a), referring to 6108(a)):

  • abusing the plaintiff or minor children;
  • entering a residence the plaintiff was given possession of;
  • custody or visitation terms in the order;
  • the no-contact terms, including staying away from the plaintiff's home, work or school; and
  • the firearms terms.

Unpaid support ordered in a PFA is handled differently: a support award in a PFA is enforced by the domestic relations section once a support complaint is filed (6108(f)), and the private contempt complaint described below is limited to "noneconomic" violations (6113.1(a)). The plaintiff's own invitation does not change the order, and even living together again does not cancel it (6108(g)).

Officers can confirm that an order exists by phone, radio or electronic check with the police department, the State Police registry of protection orders or the court, and the statute says an officer "shall arrest" a defendant for violating an order issued in Pennsylvania or a comparable court elsewhere (6113(a)).

What happens after an arrest?

StepWhat the PFA Act requires
FirearmsPolice seize any firearms, weapons and ammunition used or threatened in the violation or earlier abuse, and any other firearms in your possession, and deliver them to the sheriff (6113(b))
Before a judgeYou are taken without unnecessary delay to the court in the judicial district where the contempt allegedly happened, or, when that court is unavailable, to a district judge designated by local rule (6113(c))
Preliminary arraignmentHeld without unnecessary delay (6113(d)), where bail is addressed
Contempt hearingScheduled within ten days of the filing of the charge or complaint (6113(f))
Where it can be heardIn the county where the violation happened or the county that granted the order (6114(a.1))

For how bail and release conditions work at the preliminary arraignment, see how bail works in Pennsylvania. A defendant under 18 is handled in juvenile court instead (6114(a.2)).

Can the other person file a contempt charge without the police?

Yes. A plaintiff may file a private criminal complaint alleging indirect criminal contempt for a noneconomic violation with the court, the District Attorney's office or the district judge where the violation happened, and the plaintiff is never charged fees for it (6113.1). Delaware County explains the local path: after a violation, the police either file a complaint with the district court or advise the victim of the right to file privately. A private complaint requires a petition and an interview at the District Attorney's Office in Media, Monday through Friday between 8:30 AM and 3:00 PM, and the DA's office then completes the filing with the district court.

What happens at the contempt hearing?

A judge, not a jury, decides the charge, and you are entitled to a lawyer (6114(b)(3)). In Delaware County, the family court handbook says a defendant charged by the District Attorney with indirect criminal contempt must be represented, by a private lawyer or by the Public Defender if eligible, and that PFA contempt hearings are held at the main Courthouse in Media every Friday. The hearing and any finding on the contempt do not prevent a hearing on other criminal charges arising from the same conduct, and the reverse is also true (6113(f)).

If you are found in contemptRule
Fine of $300 to $1,000 and up to six months of imprisonment, or the same fine and up to six months of supervised probation6114(b)(1)(i)
Any other relief available under the PFA Act, such as changes to the order6114(b)(1)(ii)
At the plaintiff's request, the court must extend the protection order for an additional term6114(b)(4)
The sheriff of the county that issued the order is notified6114(b)(5)

Even before a decision, a pending contempt charge keeps the PFA alive: if the hearing has not happened before the order would expire, the order is extended at least until the contempt charge is decided (6108(e)(1)(ii)).

How does a violation affect firearms?

If your guns were placed with a third party for safekeeping, a contempt finding for violating the order's core terms requires the sheriff to revoke that permit and take the guns back (23 Pa.C.S. 6108.3(c)(1)(iv)). Separately, a person subject to an active order who intentionally or knowingly fails to relinquish firearms as required commits a second-degree misdemeanor under 18 Pa.C.S. 6105(a.1)(2). Our page on giving up firearms under a PFA explains the relinquishment rules.

What other charges can come with a violation?

The conduct behind a contempt charge is often charged under the Crimes Code as well. Harassment is the most common example. Physical contact, following in public, or a course of conduct with intent to harass, annoy or alarm is a summary offense, and threatening or obscene communications, or repeated communications, are third-degree misdemeanors (18 Pa.C.S. 2709(c)). The PFA order raises the stakes: the summary forms of harassment are graded one degree higher when the person has previously violated a PFA order involving the same victim, family or household member (2709(c)(3)). Physical harm can lead to assault charges, explained on our assault defense page.

In Delaware County, those criminal charges start at the district court for the place of the incident, listed on our page about Delaware County's district courts. The PFA case itself stays in family court, whose layout is described in what to expect in Delaware County family court.

What changes the answer?

  • Which term was allegedly broken. Warrantless arrest applies to the core terms listed in 6113(a), such as abuse, no contact, the residence, custody and firearms; economic terms such as support follow a different path.
  • What the order actually said, and when. The exact wording and the date you were served decide whether conduct was a violation.
  • Whether other crimes are charged. Harassment, stalking or assault can be charged separately, and the contempt case does not block them (6113(f); 6114(d)). How those charges are graded is in our criminal penalties chart.
  • Firearms. Any guns in your possession are seized after the arrest (6113(b)), and a contempt finding can revoke a third-party safekeeping permit.
  • Your age. A defendant under 18 goes to juvenile court (6114(a.2)).
  • Where it happened. The charge can be heard in the county of the violation or the county that issued the order (6114(a.1)).

For example: a text message after a temporary order

Here is a hypothetical. A woman with a temporary PFA order against her former partner receives a text from him saying he wants to talk about returning her belongings. The order bars contact. She reports it to police in Media, who verify the order through the State Police registry and file a complaint of indirect criminal contempt; because the term violated is a no-contact term, they may arrest him without a warrant even though no officer saw the message.

He is brought before a judge without unnecessary delay for a preliminary arraignment, and any firearms he has are seized and delivered to the sheriff. The contempt hearing is scheduled within ten days, before a judge without a jury. If he is found in contempt, the judge can impose a fine of $300 to $1,000 and up to six months in jail or on supervised probation, and at her request must extend the order. Had he wanted to return her property, the lawful route was through the court or the lawyers. This example is only an illustration; every case depends on its own facts.

What mistakes do people make when accused of a violation?

  • Answering the plaintiff's messages. Replying can itself violate a no-contact term, whoever started the conversation.
  • Relying on an invitation. The plaintiff cannot waive the order by inviting contact or moving back in (6108(g)).
  • Keeping guns after an arrest. Police seize firearms after an arrest, and failing to relinquish as ordered is a separate crime.
  • Ignoring the ten-day hearing. The contempt hearing comes quickly, and there is little time to prepare.
  • Talking about the facts to police without a lawyer. The same statements can be used in the contempt case and any related criminal charge.
  • Forgetting the order may be extended. A pending contempt charge keeps it in force, and a conviction can extend it.

What should I do this week?

  1. Do not contact the plaintiff to explain or apologize, even through friends or social media; that contact can itself be a violation.
  2. Keep a copy of the order you were served and note its exact terms and dates. Whether a term existed and what it said matters at the hearing.
  3. Save messages, call logs and anything else that shows where you were and who contacted whom.
  4. Write down the hearing date; it should be within ten days of the charge.
  5. Arrange a lawyer now, or contact the Public Defender if you cannot afford one.
  6. If the underlying PFA hearing has not happened yet, read what happens at the final PFA hearing in Delaware County.

Frequently asked questions

Is a PFA violation a crime?

Indirect criminal contempt is a criminal charge decided by a judge, with a fine of $300 to $1,000 and up to six months in jail or supervised probation (6114(b)). Other crimes from the same incident can be charged separately.

Can I be arrested if police did not see the violation?

Yes. For the core terms of the order, police may arrest without a warrant on probable cause whether or not the violation happened in their presence (6113(a)).

Will I get bail?

Bail is addressed at the preliminary arraignment, which must happen without unnecessary delay (6113(d)). The release rules are explained in how bail works in Pennsylvania.

Will the plaintiff be told if I am released?

For any jail time imposed on a contempt finding, the releasing authority must use reasonable means to notify the plaintiff in advance of release, including work release and furlough (6114(c)).

Where would I be held in Delaware County?

People held in Delaware County go to the George W. Hill Correctional Facility; the intake and bail steps are described in what happens after an arrest in Delaware County.

Our office is across from the Delaware County Courthouse, and we can arrange prison visits. Call Giribaldi Law at (610) 891-8303 or contact us online for a free consultation about a PFA contempt charge.

Sources