If you are under a Protection from Abuse (PFA) order, it is very important that you understand how easily you can end up in jail. We call this PFA entrapment.
A PFA order is temporary. It can last up to 3 years. The court issues the initial temporary PFA based on a petition filed by the complaining party. Judges almost always issue the order even without any real evidence. While the order is in place, you cannot have any contact at all with the complaining party. Lots of other conditions apply,
Many people violate their PFA orders unintentionally and end up in jail. In fact, the laws are so stacked against you that the complaining party can literally entrap you and get you put away. To show this, let’s take a scenario where a wife files a complaint. The court grants a PFA against her husband. The “standard” PFA conditions apply.
Scenario 1
Husband is out of the home and needs his clothes, credit cards or other essentials. Wife knows this, She contacts him. She says he can come and pick up his things. He is in and out within 5 minutes. The husband doesn’t speak to her at all. This is a violation of the PFA because he was at the residence, even with her permission.
Outcome: He ends up in jail.
Scenario 2
Things happened in the heat of the moment. The husband feels remorse. He wants to apologize. He has a common friend try to mediate between them. This is a violation of the PFA because this is contact with her, even though it’s through a third party.
Outcome: He ends up in jail.
Scenario 3
Wife texts Husband asking him if he paid the electric bill. Husband replies, “Please don’t contact me because I’m not supposed to talk to you.” This is a violation of the PFA because this is contact with her.
Outcome: He ends up in jail.
Scenario 4
Husband attends a school play that his children are a part of. He wants to talk to his kids as he misses them. The kids and he talk for a few moments in the presence of Wife. This is a violation of the PFA because this is contact with her.
Outcome: He ends up in jail.
Conclusion
As you can see, PFA laws are one sided against you. If you are under a PFA, it is in your best interest to hire an experienced attorney who knows how to handle domestic violence cases. These cases are complex and are often twisted in favor of one party. That is not fair.
At The McShane Firm we fight for the truth. When the police and courts are stacked against you, you need an experienced attorney who knows how to roll up their sleeves in the courtroom and fight for you. Your future, your family and your career will all be impacted by the outcome of this case.
Call The McShane Firm now at 7176573900 for your free case consultation. Our experienced attorneys will help you plan out a course of action to fight these charges.
Additional recommended reading:
- Free Guide on Protection From Abuse (PFA) Orders
- How to win a PFA hearing
- Law Enforcement training on the PFAD system
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