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Bill would strengthen PFA violation penalties

Those who repeatedly violate protection from abuse orders would face stiffer penalties under legislation introduced this week in the state House.

Lawmakers and advocates said the change is needed because current law does not do enough to deter abusers from violating the orders.

Every time an abuser violates a PFA order, it “reopens wounds” for victims of abuse who feel “like the rug is being pulled out from under them,” said Stephanie Spurgeon, direct services supervisor for Domestic Violence Services for Cumberland and Perry counties.

The state’s weak law regarding PFA violations means abusers can “violate these orders with impunity,” said Rep. Nathan Davidson, D-Dauphin, the prime sponsor of the legislation.

And when abusers demonstrate they are willing to continue harassing victims despite the court order, it amplifies the level of terror faced by victims who may feel like the law isn’t going to protect them, advocates said.

Protection from abuse orders “are only as strong as the enforcement behind them. When abusers violate these orders and face little or no consequences, the belief that the system will not protect survivors is reinforced. With these bills, we are sending a clear message: PFAs will be enforced, and those who defy them will be held accountable,” said Rep. Emily Kinkead, D-Allegheny.

There were almost 42,000 PFA orders sought in 2024, according to the Administrative Office of Pennsylvania Courts.

House Bill 1908 would create a grading scale to ensure penalties increase for repeat PFA violations and require law enforcement to enter those arrests into state and national databases within 24 hours of the arrest.

House Bill 1909 would raise the grading for crimes committed while under a PFA violation by one degree, up to a third-degree felony.

“Our aim is not to make new law or new punishment for violating the law, but rather to give our judges, prosecutors and first responders additional tools to apply the law more fairly and effectively,” Davidson said. “We are ensuring that the punishment is proportionate to the offense and, in particular, when there are cases of a repeated offense.”

The new penalties proposed in HB 1908 would be:

A fine of at least $300 and probation or imprisonment for up to six months for a second violation;

At least a $500 fine and up to one year in prison for a third violation;

And a fine of at least $1,000 and up to two years in prison for a fourth and every subsequent violation.

Starting at $2.99/week.

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