Michael E. Bertin of Obermayer Rebmann Maxwell & Hippel. Courtesy photo The Intersection of Confidential Communication Privilege and PFA Contempt
Protection from abuse matters begin as civil cases. If the protection from abuse order is violated, the commonwealth may institute a criminal proceeding for indirect criminal contempt
April 10, 2023 at 11:50 AM
8 minute read
Recently, the Pennsylvania Supreme Court, in the case of Commonwealth v. Stevenson, addressed the issue of notice in a protection from abuse indirect criminal contempt case. More recently, the Pennsylvania Superior Court addressed indirect criminal contempt in a PFA matter, in the case of Commonwealth v. Smith, 288 A.3d 126 (Pa. Super. 2022). Protection from abuse matters begin as civil cases. If the protection from abuse order is violated, the commonwealth may institute a criminal proceeding for indirect criminal contempt. A defendant in an indirect criminal contempt case may be convicted and suffer a criminal sentence if the commonwealth is successful in proving its case. A violation of either a temporary PFA order or a final PFA order may result in an indirect criminal contempt conviction.
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