Can the plaintif violate a pfa for initiating contact?

Asked over 2 years ago - Pittsburgh, PA

my girlfriend got a temporary pfa on me since then she has been calling and texting my phone. since i havent responded to her calls or messages, the text messages became worse and annoying. furthermore in the pfa itself, she was suppose to describe in detail EVERYTHING that happened including what she did that led up to the incident...which she clearly and conviniantly omited. is there anyway i can haver her either trown in jail or pay a fine for doing this. i have copies of all call logs and test messages.

Attorney answers (3)

  1. Jacob Ryan Lauser

    Contributor Level 14

    1

    Lawyer agrees

    Answered . There is no such penalty available to you in this circumstance. Your opportunity to contest her claims will come at the hearing for the permanent PFA, at which time you can tell the court about what happened. If she cannot show enough evidence to justify the PFA, the matter will be dropped and the temporary order will expire.

    Keep in mind that most courts issue a temporary PFA on a very low showing and then the requesting party has to show a higher level of proof at the main hearing a couple weeks or so later. If there isn't enough proof, the matter is dropped, and that is the penalty.

    You should remember though that as long as you are under order from a PFA, you CANNOT respond to her attempts to get you to violate the order. You should definitely show the logs to the court though to show that she must not be that afraid of you or she wouldn't be trying to contact you.

    Good Luck!

    Attorney answers to questions are for general purposes only and do not establish an attorney-client relationship.... more
  2. Joseph A. Curcillo III

    Pro

    Contributor Level 6

    1

    Lawyer agrees

    Answered . No. There is no violation for the plaintiff, because the Order is against you. In fact, if you contact her by replying, you can be held in contempt. Obey the order.

    You really should not go to the hearing without a lawyer - the result can be very bad. You have a lot to lose.

  3. Alex Moskovsky

    Contributor Level 7

    Answered . No, the plaintiff cannot violate the pfa by initiating contact with you. Since the temporary pfa is against you, the only person that can be considered in violation of it is you. Therefore, it is advisable for you to NOT make any contact with her or you may be found in violation. Once a hearing is schedule for the permanent pfs, consult an attorney to represent you and make sure you provide the documented proof of the call logs and texts on your phone. You have a lot to lose if you are found in violation of the order, therefore consult an attorney.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

31,703 answers this week

3,165 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

31,703 answers this week

3,165 attorneys answering