What If the Plaintiff Violates a PFA in Pennsylvania?

The Most Important Thing to Know: Plaintiff Contact Does Not Excuse Defendant Contact

Pennsylvania law is explicit on this point. Under 23 Pa. C.S. § 6108(g), the statute provides directly that the plaintiff’s consent to contact by the defendant shall not invalidate a PFA order. The order can only be modified by further order of court. This language is printed on the face of every Pennsylvania PFA order as a required notice to the defendant.

What this means in practice: if the plaintiff calls you, texts you, emails you, comes to your home, or in any other way initiates contact, and you respond, you can be charged with indirect criminal contempt under 23 Pa. C.S. § 6114. The plaintiff’s conduct in initiating the contact does not constitute a modification or waiver of the order. Only a court can modify a PFA order. The plaintiff cannot.

This rule surprises and harms many defendants. It is therefore the most important single fact to understand about living under a PFA order. No matter what the plaintiff says, does, or invites, you must not respond until the order has been formally modified by a judge.

Why a PFA Order Only Binds the Defendant

A Protection From Abuse order under Pennsylvania’s PFA Act, 23 Pa. C.S. § 6101 et seq., is directed at the defendant, not the plaintiff. The order instructs the defendant to refrain from certain conduct. It does not instruct the plaintiff to refrain from contacting the defendant, and it creates no legal obligation on the plaintiff’s part to avoid contact.

Pennsylvania courts do not issue mutual PFA orders unless both parties have separately filed petitions, been separately served, and had separate hearings at which each party had the opportunity to present evidence. A single PFA order issued on one petition binds only the person named as the defendant. The plaintiff remains free under the law to contact the defendant.

The asymmetry is intentional. The PFA Act was designed to protect petitioners who are genuinely afraid of the defendant, not to create a mutual restraint. The consequence of this design is that a plaintiff who chooses to initiate contact bears no legal risk while the defendant who responds bears full legal risk. Understanding this asymmetry is essential for any defendant living under a PFA order.

What to Do When the Plaintiff Contacts You

If the plaintiff contacts you while a PFA order is in effect, the legally correct and safest response is to do nothing and document everything. Here is what that means in practice.

Do Not Respond

Do not call back, text back, email back, open the door, or otherwise acknowledge the contact. Even a single word reply is enough to support a contempt charge under § 6114. The safest course is total non-response regardless of the urgency or friendliness of the plaintiff’s message.

Document Everything

Preserve every voicemail, text message, email, social media message, or other communication the plaintiff sends. Screenshot with timestamps. Note the date, time, and method of contact. If the plaintiff shows up in person, do not open the door. If you can safely do so without responding, note the time and record that the contact occurred. This documentation is evidence. It establishes that the plaintiff is not genuinely afraid of you and that contact is being initiated from their side, which is directly relevant to any motion to modify or vacate the order.

Contact Your Attorney Immediately

If the plaintiff is contacting you repeatedly or if the contact is creating a genuine problem, contact Shane Scanlon Law right away. The pattern of plaintiff-initiated contact is a basis for filing a motion to modify or vacate the PFA order. It can also be used as evidence in any pending contempt or criminal proceeding to demonstrate the nature of the ongoing relationship and the plaintiff’s lack of genuine fear.

Do Not Contact Third Parties on Your Behalf

Do not ask a friend, family member, or anyone else to contact the plaintiff on your behalf, even to convey a neutral message. Indirect contact through third parties is a violation of most PFA orders and can support a contempt charge under § 6114 just as directly as personal contact would.

Using the Plaintiff’s Contact as a Defense and as Grounds to Modify the Order

As a Defense in a Contempt Proceeding

If you are charged with a PFA violation and the alleged contact was initiated by the plaintiff, that context is directly relevant to your defense. While it does not automatically excuse the contact under Pennsylvania law, it is highly relevant to the credibility of the plaintiff’s claim of fear, the circumstances of the alleged violation, and any question of whether a violation actually occurred versus a response to an invitation.

A well-prepared defense attorney will use evidence of plaintiff-initiated contact to cross-examine the plaintiff at the contempt hearing, challenge the characterization of the defendant’s response as a willful violation, and present the full context of the parties’ post-order communications to the court. Shane Scanlon will examine every communication between the parties in preparing your defense.

As Grounds to Petition for Modification or Vacation of the Order

Repeated plaintiff-initiated contact is also a strong basis for filing a petition to modify or vacate the PFA order under § 6108. A plaintiff who is repeatedly reaching out to the defendant is demonstrating through their own conduct that they do not have a genuine ongoing fear of the defendant. Pennsylvania courts have the authority to modify or vacate PFA orders where changed circumstances warrant it, and a pattern of plaintiff-initiated contact can constitute exactly that kind of changed circumstance.

Shane Scanlon will evaluate the evidence of plaintiff contact and advise you on whether a motion to modify or vacate the order is warranted. If the plaintiff’s conduct supports such a motion, he will prepare and file it on your behalf.

When the Plaintiff Is Using the PFA as a Weapon

In some situations, the plaintiff’s conduct goes beyond simply initiating contact. Some plaintiffs use a PFA order actively as a tool of harassment or control, knowing that any response from the defendant can be weaponized as a contempt charge. This can take the form of:

• Repeatedly contacting the defendant and then filing contempt charges when the defendant eventually responds
• Showing up at shared locations or custody exchanges in ways that provoke contact and then reporting the resulting interaction as a violation
• Sending messages through third parties and then claiming the defendant initiated indirect contact
• Using the threat of a contempt filing to extract concessions in divorce, custody, or property negotiations
• Filing repeated false or exaggerated contempt charges to maintain control over the defendant’s behavior and freedom

This kind of deliberate misuse of the PFA process is recognized by Pennsylvania courts, and a defendant who has been subjected to it has legal options. Documenting every instance of plaintiff-initiated contact, presenting that pattern to the court, and filing a petition to modify or vacate the order are the most effective responses. In cases where false contempt charges are filed knowingly, the defendant may also have grounds to raise the plaintiff’s conduct as part of a broader challenge to the order’s continued validity.

Shane Scanlon has experience identifying and challenging PFA misuse in Lackawanna County and throughout Northeast Pennsylvania. If you believe the PFA order against you is being used as a weapon rather than as genuine protection, contact us immediately.

PFA Contempt Proceedings Under 23 Pa. C.S. § 6114

If you have been charged with violating a PFA order, the proceeding is governed by 23 Pa. C.S. § 6114. A PFA violation is treated as indirect criminal contempt, not as a standard criminal charge. This distinction matters in several ways.

• Charges can be filed by the police, the sheriff, or the plaintiff directly
• Police may arrest the defendant without a warrant under § 6113 on probable cause that a violation occurred
• The defendant has no right to a jury trial on a contempt charge, though the defendant is entitled to counsel
• Each separate violation is treated as a separate contempt, with up to 6 months in jail and a fine of $300 to $1,000 per violation
• Upon conviction at the plaintiff’s request, the court must extend the PFA order for an additional term
• The hearing must be scheduled within 10 business days of the contempt charge being filed

Because there is no jury, the judge alone decides the contempt charge. Having experienced legal representation is essential. Shane Scanlon will prepare a thorough defense, cross-examine the plaintiff, present all evidence of plaintiff-initiated contact, and argue every available defense before the court.

Warrantless Arrest for PFA Violations Under § 6113

One of the most significant features of PFA enforcement in Pennsylvania is that police can arrest a defendant for a PFA violation without a warrant. Under 23 Pa. C.S. § 6113, an officer who has probable cause to believe a PFA violation has occurred may make an arrest regardless of whether the violation occurred in the officer’s presence. This means that a phone call from the plaintiff to police, even based on a disputed account of what happened, can result in an immediate arrest.

If you are arrested for a PFA violation in Lackawanna County or anywhere in Northeast Pennsylvania, do not make any statements to police beyond providing your identity. Invoke your right to remain silent and ask to speak with an attorney immediately. Contact Shane Scanlon Law as soon as possible after an arrest.

PFA Proceedings in Lackawanna County and Throughout Northeast Pennsylvania

PFA contempt proceedings in Lackawanna County are heard in the Lackawanna County Court of Common Pleas in Scranton. Shane Scanlon served as the District Attorney of Lackawanna County and has appeared before these judges throughout his career. He understands how contempt charges are evaluated locally, what arguments carry weight, and how to present evidence of plaintiff-initiated contact in a way that is persuasive in this specific courthouse.

In Luzerne County, contempt proceedings are heard at the Luzerne County Court of Common Pleas in Wilkes-Barre. Shane Scanlon regularly represents clients in both counties and throughout the broader Northeast Pennsylvania region. Learn more about PFA defense in Lackawanna County, or contact us to discuss your specific situation.

Why Choose Shane Scanlon Law for PFA Contempt and Plaintiff Misconduct

• Former District Attorney of Lackawanna County
• 20 or more years of courtroom experience throughout Northeast Pennsylvania
• Deep familiarity with how PFA contempt proceedings are handled in Lackawanna County and Luzerne County
• Experience challenging contempt charges where plaintiff contact was initiated by the protected party
• Experience filing motions to modify or vacate PFA orders based on changed circumstances
• Skilled at identifying and presenting evidence of PFA misuse
• Available to advise from the moment of arrest or charge
• Free, no-obligation consultation

You should not be facing contempt charges for responding to contact the plaintiff initiated. Shane Scanlon Law will fight to make sure the full picture is in front of the court.