Protection from abuse actions are civil proceedings. However, once if civil protection from abuse order is violated, whether that order is temporary or permanent, a criminal proceeding instituted by the commonwealth, may occur and such proceeding is known as a an indirect criminal contempt (ICC) proceeding. If the commonwealth prevails and the defendant is convicted, the defendant will suffer a criminal sentence, which may include incarceration for up to six months.

In the recent case of Commonwealth v. Wilson, 2020 PA Super. 18, __ A.3d ___ (Feb. 11, 2019) the issue on appeal was whether the trial court erred in sua sponte vacating its judgment finding the defendant guilty of indirect criminal contempt for violating an emergency order entered pursuant to the PFA Act during the subsequent sentencing hearing. However, there are important reminders in the Wilson case that all family law practitioners should keep in their tool belt.

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