In a recent decision by the Pennsylvania Supreme Court, authored by the late Chief Justice Max Baer, in the case of Commonwealth of Pennsylvania v. Stevenson, __ A.3d __, No. 21 WAP 2021 (Pa. April 12, 2022), the Pennsylvania Supreme Court addressed the issue of notice in a protection from abuse indirect criminal contempt case. Protection from abuse matters begin as civil cases. However, if the protection from abuse order is violated, the commonwealth may institute a criminal proceeding for indirect criminal contempt. If the commonwealth is successful, and the defendant is convicted, the defendant will suffer a criminal sentence, which may include probation or incarceration for up to six months.

Protection from abuse matters under the PFA Act commence with a plaintiff filing a petition with the court alleging abuse. If the plaintiff seeks a temporary PFA order, the court conducts an ex parte hearing and may enter a temporary order of protection. Under the PFA Act, the court shall then hold a hearing within 10 days to determine whether a final PFA order can be entered. At the final PFA hearing, the plaintiff must prove the allegations of abuse by a preponderance of the evidence. Pursuant to the PFA Act, a defendant in a PFA action must be provided with notice of the final PFA hearing and be advised of their rights to be represented by counsel and present evidence, among other things. Included in the relief that a plaintiff may seek in the PFA hearing is the “possession to the plaintiff of the residence or household to the exclusion of the defendant by evicting the defendant.”

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