What Happens When You Violate a Restraining Order

Known as a Protection from Abuse (PFA) order in Pennsylvania, a restraining order is designed to protect victims of domestic violence. A PFA restricts an alleged abuser from having contact with the person who filed the order. Whether you believe that a PFA that has been filed against you is valid or not, it is critical to comply with all stipulations outlined in the order. Violating a PFA can result in additional penalties, loss of child visitation rights, and even jail time. If you’ve been charged with domestic violence or are subject to a PFA, it is vital to seek the counsel of an experienced criminal defense attorney right away to ensure your rights are protected.

What Happens when Someone Files a PFA Against You?

In Pennsylvania, a PFA prohibits you from having any contact with an alleged victim, including contact via phone, text and email. It may even specify a minimum number of feet you must stay away from them. If you live together, this means you will not be allowed to return to your home. Depending on the specific circumstances, a PFA can also give your partner or spouse temporary custody of your children, which may seriously restrict your visitation rights and keep you from seeing them altogether. These are just a few potential scenarios. Situations can become even more complex, especially when two spouses own a business and work together. If you’re concerned about protecting your business interests, your business attorney can help you understand your rights under the law.

Penalties for Violating a Protective Order

If you are found guilty of violating a PFA, penalties may be:

• Up to six months in jail and a fine of $300 to $1,000
• Up to six months probation and a fine of $300 to $1,000

Penalties depend on the circumstances of the violation. If you violate a PFA, the victim may request that the court extend the Protection from Abuse order. You may also be held in contempt of court for violating a PFA. Being held in contempt of court means you forfeit your right to a jury trial, although you have the right to legal counsel. If an alleged victim files a petition for civil contempt and you are found to have violated a condition of the PFA or another court-approved agreement, you can be jailed for up to six months.

PFAs and Pending Cases

If you are facing other criminal or civil charges, violating a PFA can hurt those cases, too. For example, if you are facing charges for stalking and show up at an alleged victim’s home or workplace, a prosecutor can use this violation to demonstrate that you have no intentions of stopping the harassment. Not only that, if a violation of a PFA occurs during a divorce or child custody case, it can seriously damage your standing when it comes to matters of child custody or quick resolution of your divorce case.

Steps to Take if You Have Been Charged with Violating a PFA

Whether you are facing a PFA for the first time or have been charged with violating an order, it is always a good idea to consult a Chester County criminal lawyer who can help you understand your rights and act as your advocate.

Have you been a victim of domestic violence or need assistance with fighting a PFA? Our West Chester criminal lawyers can help.

This blog was originally posted https://carosella.com/what-happens-when-you-violate-a-restraining-order/

What to do If You Are a Commercial Truck Driver Charged with a DUI

Being a commercial truck driver carries a lot of responsibilities. Both the Commonwealth of Pennsylvania and the federal government have strict regulations that help keep motorists safe when they’re on the road. Pennsylvania law surrounding DUI charges for CDL holders is complex. If you are a commercial driver who has been charged with driving under the influence, it is vital to contact a local defense attorney to help preserve your livelihood and ensure your rights are protected.

DUI Penalties for CDL Holders

In Pennsylvania, CDL holders are held to a higher standard than other motorists, and the consequences for DUI are severe. Even if you have been charged with a DUI while driving your own personal vehicle you can still lose your CDL. Generally, the legal limit for Blood Alcohol Content (BAC) is .08 in Pennsylvania. However, for CDL holders operating a commercial vehicle the legal limit is half that–.04.

Whether you were driving your commercial vehicle or personal vehicle, if you are convicted of a DUI your CDL will be suspended for at least one year, your regular driver’s license may be suspended for a period of time, and you will face other serious fines and penalties. If you were transporting hazardous materials, your CDL will be suspended for three years. It is also important to keep in mind that even if you are eligible for an ARD program you will still lose your CDL license for one year. Because DUI laws vary from state to state it is best to have a local Chester County criminal lawyer who understands the nuances of not only Pennsylvania law but FMSCA regulations as well.

Penalties for First Offense Commercial DUI

• Two days to six months in jail
• $500-$5,000 fine
• Personal license suspension: up to 12 months for your non-CDL license
• Commercial License suspension: at least 12 months for CDL and three years for carrying hazardous materials

You may also be required to perform community service, attend alcohol highway safety classes, alcohol and drug treatment and you will most likely lose your job with your trucking company, and if you are an independent driver, any contracts you had to transport cargo will be terminated. It will be nearly impossible to get any jobs involving a CDL in the future. For second, third and subsequent offenses, jail time and fines increase substantially. Your CDL may also be permanently revoked. Drivers who own their trucks and work independently may want to consult with a business contract lawyer to determine exactly how a DUI conviction will harm their ability to earn a living.

How an Attorney Can Help

Seeking the counsel of an experienced attorney is your best bet for beating a DUI charge. The only way to protect your career as a commercial driver is to have charges dropped or fight them in court and achieve a not-guilty verdict. Do not admit fault, speak to anyone or accept a plea deal before talking with your attorney. Being represented by a skilled West Chester criminal lawyer will advise you on the best course of action and increase your chances of a positive outcome.

This blog was originally posted https://carosella.com/what-to-do-if-you-are-a-commercial-truck-driver-charged-with-a-dui/

Why You Should Avoid Social Media when Going through a Divorce

Many people use social media as a way to stay connected with loved ones and express themselves. However, it’s not all fun and games–social media can often be used against you in contentious divorce proceedings. Most family law attorneys advise clients to stay off social media altogether when going through a divorce. Here are some important reasons why.

It Can Have a Harmful Effect on Your Children

Going through a divorce can take a heavy emotional toll on a family, especially when children are involved. Bashing your soon-to-be ex-spouse on social media is not in the best interest of your children. It may be tempting to vent and voice your opinions on Facebook, Twitter, or Instagram, but it’s important to remember that your children may see what you post. Divorce is hard on kids no matter what, so keep your feelings off social media and talk with friends, family, or a therapist to voice your concerns in an appropriate manner.  That way, you can protect your children and avoid having social media posts used against you when it comes time to negotiate custody and support.

Photos can be Misconstrued

If you must use social media, be very careful about the photos you post. A photo of a “girls’ or boys’ night out” or relaxing on the couch with a glass of wine may seem like no big deal, but it could wind up hurting you in court. Any image you post can be used as evidence used against you when it comes to issues of custody, property division, support, or any other aspect of your divorce. Never share images of you consuming alcohol or drugs, and avoid posting photos of yourself with anyone you may be dating. Even if there’s nothing nefarious going on, your spouse and their lawyer can make it seem like there is.

It Can Hurt Your Case for or Against Support

Whether you are asking for spousal support or you are the one who may be required to pay it, boasting about expensive vacations, shopping sprees, or investments on social media is a no-no. If you are trying to protect your financial assets, your West Chester divorce lawyers will advise you to stay quiet. Not only can these things be used as evidence about your finances, an ex-spouse who feels hurt because you’re bragging about enjoying yourself can make life miserable during a divorce.

Social Media is Not Private

Even if you have all your privacy settings seriously restricted, divorce can quickly turn ugly if family and friends decide to choose sides. You never know what type of post is going to rub someone the wrong way and be shared with your ex. Consider everything on social media and the internet public and fair game–if it is reported that you have lied or harassed your spouse or others on your social media accounts, a judge can create an order to review them.

Use Common Sense

If you’re going through a divorce, dropping social media altogether is one of the best things you can do to protect your rights and interests. If you must keep your social media accounts for business or other reasons, talk with your business liability lawyers about the best way to handle it.

Do you need assistance with a divorce? Our experienced divorce attorneys at Carosella & Associates can help.

This blog was originally posted https://carosella.com/why-you-should-avoid-social-media-when-going-through-a-divorce/