Michael Bertin Examines Defendants’ Standing in Protection From Abuse Contempt Cases in The Legal Intelligencer

In the article titled “Defendant in Protection From Abuse Case Has Standing to File for Contempt,” published in The Legal Intelligencer on December 10, 2024, Michael Bertin, partner and co-chair of the family law group, explores Section 6114.1 of the Protection from Abuse Act, which states:  “a plaintiff may file a petition for civil contempt with the issuing court alleging that the defendant has violated any provision of an order or court-approved agreement issued under this chapter or a foreign protection order.” The article examines whether a defendant may also file a contempt petition when a plaintiff violates such an order, an issue recently addressed in Adams ex rel. T.E.A. v. Adams, ___ A.3d ___, 24 Pa. Super. 240 (Oct. 17, 2024).

The trial court had interpreted Section 6114.1 to preclude defendants from filing contempt petitions, but the Superior Court disagreed with the trial court’s interpretation of Section 6114.1, emphasizing that excluding defendants from enforcing consent orders would lead to an absurd result, allowing plaintiffs to disregard agreements without consequence. 

This case is important for both the family law practitioner and the bench in that it provides clarification that Section 6114.1 of the Protection from Abuse Act does not restrict defendants from filing a contempt petition and that both the plaintiff and the defendant have standing to file a contempt petition in the event the order is violated.

Read the full article here.