Legal Question in Criminal Law in Pennsylvania
Violation and arrest from PFA
My 24 year old son was just arrrested for ''supposedly'' violating a PFA order. The ex-girlfrend had come from a very poor homelife and constantly seeks attention. She waited 2 days to contact police after the alleged event. She passed him on a highway and said that he followed her. He wants nothing to do with her. He just wants to get on with his life. Most of the town in which we live knows of her and her families background. There is alot of drug abuse (both mother and father). We know she is lying but how can we protect our son. It seems to me there is no protection for the men in this situation. I know women who use this to get what they want. It doesn't seem fair.
Please help.
Thank you
3 Answers from Attorneys
Re: Violation and arrest from PFA
The practical answer to your question is two part: first, whomever possesses the PFA has the power. If they call the police, the police will arrest/charge the other person.; second, hire a lawyer for your son.
The legal answer is that your son is entitled to a certain amount of process (ie a hearing to make a determination of the validity of the accusation).
Feel free to email. Don't take this situation too lightly.
Re: Violation and arrest from PFA
The charge for violating a PFA is "indirect criminal contempt." Basically, it means you did not comply with a court order.
Your son needs to hire an attorney who is familiar with how to defend this charge. There are certain things that the prosecutor has to prove to convict your son of this charge, and an attorney familiar with the nuances of this particular law is preferable.
You did not put your zip code on your question, so I'm not sure where you're from...but email if you'd like.
Re: Violation and arrest from PFA
One of two things will occur, either charges will be filed, or she will do nothing. However, these matters require defendants to be proactive. In your sons case, retain counsel, do not talk to anyone, especially the police if they call, explain on advice of counsel I have been advised not to say anything at this time.
Was there ever a counter PFA filed? What was the basis of the PFA? Is it a permenant, emergency, or temporary order. Without more information I can't advise you further.
For more information I can reached either by phone at 412.731.0865 or by e-mail at [email protected].
Sincerely,
Marc V. Taiani, Esquire
AAAL - Allegheny Attorneys At Law, PC
www.AlleghenyAttorneys.com
412.731.0865
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