Compare · PFA vs. Criminal Charges
A Protection From Abuse order is not a criminal conviction — but it can feel like a second prosecution running on easier rules.
Two very different legal proceedings can arise from the same incident, and people frequently conflate them. A Protection From Abuse petition under 23 Pa.C.S. Chapter 61 is a civil case: the petitioner only has to prove abuse by a preponderance of the evidence, there's no right to a jury, and the remedy is a court order — not jail — though violating that order later can become criminal. A criminal charge under Title 18, whether it's simple assault, harassment, terroristic threats, or something more serious, requires the Commonwealth to prove guilt beyond a reasonable doubt, comes with the full array of constitutional protections including appointed counsel and a jury trial in non-summary cases, and results in a criminal record if it ends in conviction. Because the underlying incident is often identical, the two cases can proceed in parallel on entirely different timelines and different standards, and a mistake in one can hurt you in the other.
The short answer
Civil PFA proceeding
A PFA petition under 23 Pa.C.S. § 6106 is filed by an alleged victim, not a prosecutor, and defines abuse and covered relationships under 23 Pa.C.S. § 6102. A judge can grant emergency, ex parte relief before the defendant is even in the room, and a full hearing follows under 23 Pa.C.S. § 6107, typically within ten business days. If the petitioner proves abuse by a preponderance of the evidence — the same 'more likely than not' standard used in ordinary civil suits — the court can enter a final order under 23 Pa.C.S. § 6108 lasting up to three years, with no-contact terms, exclusive possession of a shared residence, temporary custody provisions, and mandatory firearms relinquishment under 23 Pa.C.S. § 6108(a)(7) and the transfer mechanisms in 23 Pa.C.S. § 6108.2 and 23 Pa.C.S. § 6108.3. There's no jail sentence tied to entry of the order itself, and it isn't a criminal conviction, but violating it afterward triggers warrantless arrest authority under 23 Pa.C.S. § 6113 and indirect criminal contempt exposure under 23 Pa.C.S. § 6114.
Criminal prosecution
A criminal charge is brought by the Commonwealth, not the alleged victim, and requires proof beyond a reasonable doubt — the highest standard in American law — of every element of the specific offense charged, whether that's simple assault under § 2701, aggravated assault under § 2702, reckless endangerment under § 2705, or terroristic threats under § 2706. The defendant has the full range of constitutional protections: the right to appointed counsel if indigent, the right to a jury trial for anything beyond a summary offense, the right to confront witnesses, and the presumption of innocence throughout. A conviction can bring jail or prison time, probation, fines, and a permanent criminal record, and depending on the offense, it can trigger a firearms disability under § 6105 or federal restrictions under 18 U.S.C. § 922(g). Unlike a PFA, a criminal case can result in incarceration as a direct consequence of the underlying conduct itself, not merely of a later violation.
| What matters | Civil PFA proceeding | Criminal prosecution |
|---|---|---|
| Who brings the case | The alleged victim, as petitioner, files under 23 Pa.C.S. § 6106 | The district attorney's office, on behalf of the Commonwealth |
| Burden of proof | Preponderance of the evidence — more likely than not | Beyond a reasonable doubt |
| Right to a jury | None — a judge decides the petition | Available for most non-summary offenses |
| Right to appointed counsel | Not guaranteed as in a criminal case | Guaranteed for an indigent defendant facing possible incarceration |
| What's at stake initially | A civil order — no-contact terms, custody impact, firearm relinquishment under 23 Pa.C.S. § 6108 | Jail, probation, fines, and a criminal record on conviction |
| Duration | Up to three years, renewable | Sentence length set by the grading of the offense under §§ 2701–2706 |
| Firearms consequence | Relinquishment required while the order is active under 23 Pa.C.S. § 6108(a)(7); may trigger 18 U.S.C. § 922(g)(8) | Possible lifetime disability under § 6105 or § 922(g)(9) on conviction |
| Effect of violation | Warrantless arrest under 23 Pa.C.S. § 6113; indirect criminal contempt under 23 Pa.C.S. § 6114 | New charges, probation violation, or a harsher sentence on the existing case |
Scroll the table horizontally to compare every column. Statutory maximums are ceilings, not expected outcomes[1]. Nothing on this page is a prediction about a specific case.
Which one fits your case.
Why you need a strategy for both cases at once
Because the PFA hearing often happens well before the criminal case is resolved, and because it uses a lower burden of proof, testimony given at the PFA hearing can be used against you later in the criminal case — treating the PFA hearing as low-stakes because 'it's not the criminal case' is one of the most damaging mistakes people make.
When to fight the PFA petition rather than accept it
If the underlying allegations are contested, exaggerated, or arise from a custody or divorce dispute, contesting the PFA at the 23 Pa.C.S. § 6107 hearing can matter even though it's civil, because a final order affects custody factors under 23 Pa.C.S. § 5328, firearm rights, and the paper trail available to the Commonwealth in the criminal case.
What we look at first
I find out immediately whether a PFA petition has been filed or is being sought, review whether the criminal charges are pending, in the investigation stage, or not yet filed, and evaluate whether anything you say or don't contest in the civil case could be used against you criminally.
What you should not do
Don't testify at a PFA hearing without discussing Fifth Amendment implications with an attorney first, don't agree to a final PFA order 'just to make it go away' without understanding what it does to custody and firearm rights, and don't violate a temporary order while the criminal case is pending — a violation creates a second, independent criminal exposure.
Read next.
see how domestic violence allegations are charged in PA
The statewide hub — charges, PFA procedure, firearms, and custody.
understand the full PFA process from petition to final order
How a Protection From Abuse case moves from filing to a final hearing.
get help contesting a PFA petition
Strategy for the civil hearing that can affect custody and firearm rights.
learn what happens after an alleged PFA violation
How 23 Pa.C.S. § 6113 and 23 Pa.C.S. § 6114 exposure works after an order is entered.
see how an arrest can unfold alongside a PFA filing
How the criminal and civil tracks can start from the same incident.
review firearm consequences across both proceedings
How § 6105, 23 Pa.C.S. § 6108, and federal law intersect.
have your PFA and any criminal exposure reviewed together
Coordinate a strategy across both proceedings before a hearing date.
FAQ
Frequently asked questions.
Common questions about pfa vs. criminal charges in Pennsylvania.
No. A PFA is a civil order entered under Title 23 based on a preponderance of the evidence, not a criminal conviction under Title 18. It does not by itself create a criminal record, though violating it can lead to criminal contempt charges.
The PFA order itself doesn't result in arrest when it's entered, but if you're accused of violating its terms afterward, 23 Pa.C.S. § 6113 gives police authority to arrest without a warrant based on probable cause that a violation occurred.
It's strongly advisable. A final PFA order can affect custody, firearm rights, and housing for up to three years, and anything said at that hearing can potentially be used in a later or parallel criminal case, so the absence of formal criminal charges doesn't make the hearing low-stakes.
Yes, and it's common. The petitioner or a family member can pursue a PFA in civil court while the district attorney's office separately decides whether to bring criminal charges arising from the same event, and the two cases proceed independently.
A final PFA order is a matter of public record and can appear in certain background checks and firearm eligibility checks, even though it isn't a criminal conviction, which is one reason contesting an unwarranted petition can matter.
A final order requires relinquishment of firearms under 23 Pa.C.S. § 6108(a)(7), using the transfer procedures in 23 Pa.C.S. § 6108.2 or 23 Pa.C.S. § 6108.3, and can also trigger a federal firearms disability under 18 U.S.C. § 922(g)(8) independent of any state prohibition.
Related pages
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Grading, sentencing ranges, and the reduction ladder for assault, harassment, and disorderly conduct.
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Drug charges in PA
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DUI defense
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Sources & statutory citations
- [1]23 Pa.C.S. § 6102 — Protection From Abuse definitions — what counts as 'abuse' and who qualifies as a family or household member for PFA purposes.
- [2]23 Pa.C.S. § 6106 — Commencement of PFA proceedings — who may file a petition and the verified-petition requirements.
- [3]23 Pa.C.S. § 6107 — PFA hearings and temporary orders — the final hearing is set within ten business days of filing; ex parte temporary relief requires immediate and present danger of abuse.
- [4]23 Pa.C.S. § 6108 — Relief available in a PFA order — no-contact, eviction and exclusive possession, temporary custody, and firearms relinquishment under § 6108(a)(7); a final order may last up to three years.
- [5]23 Pa.C.S. § 6113 — Arrest for violation of a PFA order — police may arrest without a warrant on probable cause that the defendant violated the order.
- [6]23 Pa.C.S. § 6114 — Indirect criminal contempt for violating a PFA order — up to six months imprisonment and a fine of $300 to $1,000 per violation.
- [7]18 Pa.C.S. § 2701 — Simple assault — M2 generally; M3 for a mutual fight; M1 where the victim is under 12 and the actor is 18 or older.
- [8]18 Pa.C.S. § 2702 — Aggravated assault — F1 for serious bodily injury caused or attempted; F2 for bodily injury with a deadly weapon or against an enumerated victim.
- [9]18 Pa.C.S. § 6105 — Persons not to possess firearms — enumerated convictions, including certain assault offenses and active protective orders, bar firearm possession.
- [10]18 U.S.C. § 922(g) — Federal firearms prohibitions — § 922(g)(8) covers persons subject to a qualifying protective order and § 922(g)(9) covers misdemeanor crimes of domestic violence.
Statutes are summarized for public reference. Confirm current text at palegis.us. This page is attorney advertising, not legal advice.
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