From The Legal Intelligencer: Indirect Criminal Contempt of PFA Not Affected by Failure to Obtain Final Order
In an article published in The Legal Intelligencer, Obermayer partner Michael Bertin examines a recent PA case of indirect criminal contempt for violating an emergency order. Although protection from abuse actions are civil proceedings, once if civil protection from abuse order is violated, a criminal proceeding instituted by the commonwealth, may occur and such proceeding is known as a an indirect criminal contempt (ICC) proceeding. It is critical that attorneys remind their clients that regardless of the outcome of the final PFA proceeding, all interim PFA orders must be scrupulously abided by the defendant, as any violation thereof can subject the defendant to an indirect criminal contempt prosecution.
Michael is the Chair of the Family Law Section of the Pennsylvania Bar Association. He is listed in Best Lawyers in America and has published over one hundred articles. Michael co-authored the book on Pennsylvania child custody law “Pennsylvania Child Custody Law, Practice, and Procedure”, used by judges and lawyers across the state as a reference. He is a Fellow in the American Academy of Matrimonial Lawyers and has an active family law practice, handling all phases of the negotiation and litigation of domestic relations cases, including divorce, custody, support, alimony, property distribution, prenuptial agreements and related issues. Michael also serves as chair of Obermayer’s Pro Bono Committee.