A Protection From Abuse, or PFA, can affect where you go, who you contact and what you may keep in your home. Even though the case begins in Delaware Family Court as a civil matter, violating its terms may result in criminal consequences.
If a judge enters a PFA order against you, it is crucial to read every condition carefully. These terms apply unless the court changes or ends the order.
How a violation can become a criminal case
A violation does not always involve physical contact. You may create legal problems by:
- Sending a text message, email or social media message
- Calling the other person directly
- Asking a friend or relative to pass along a message
- Going to the person’s home, job, school or other protected location
- Failing to surrender firearms or weapons if required
Under state law, knowingly violating or failing to obey a qualifying protective order can be charged as criminal contempt of a domestic violence protective order. The offense is usually a class A misdemeanor, which can carry up to one year in jail and a fine of up to $2,300.
A repeat violation may lead to harsher consequences, depending on the person’s record and the facts of the case.
Why you should not rely on informal agreements
A PFA order remains in effect even if the other person contacts you first. If the document says no contact, responding may still create risk for you. Private agreements, apologies or attempts to reconcile do not replace the judge’s instructions.
If the current terms create problems with housing, parenting time, property or necessary communication, it might be better to seek a formal change through the court.
Taking matters into your own hands may complicate related family court issues and jeopardize your standing in future custody or property hearings. Delaware Family Court allows a party to ask to modify, extend or rescind a PFA, but the original terms remain enforceable unless a judge formally changes them.
