Commonwealth v. Padilla, 885 A.2d 994 (Pa. Super. Ct. 2005). · Go Syfert
Commonwealth v. Padilla, 885 A.2d 994 (Pa. Super. Ct. 2005). Cases Citing This Book View Copy Cite
87 citation events (87 in the last 25 years) across 3 distinct courts.
Treatment trajectory · 2007 → 2026 · click a year to view as-of
2007 2016 2026
Top citers, strongest first. 28 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Com. v. Thompson, G.
Pa. Super. Ct. · 2023 · signal: see also · quote attribution · 1 verbatim quote · confidence high
as with those accused of other crimes, one charged with indirect criminal contempt is to be provided the safeguards which statute and criminal procedures afford
examined Cited as authority (verbatim quote) Com. v. Stevenson, V. (5×) also: Cited as authority (rule), Cited "see", Cited "see, e.g."
Pa. Super. Ct. · 2021 · signal: see also · quote attribution · 1 verbatim quote · confidence high
telephone conversations during which defendant was informed of emergency pfa -5- j-a28008-20 order and the repercussions of violating it constitute actual notice or its equivalent even in the absence of personal service
examined Cited as authority (verbatim quote) Com. v. Velez-Diaz, L., Jr.
Pa. Super. Ct. · 2017 · signal: see · quote attribution · 1 verbatim quote · confidence high
verbal explanation provided over the telephone was adequate to convey notice that a pfa order had been entered against defendant and that violation of that order placed him at risk of criminal penalty
cited Cited as authority (rule) Com. v. Brown, R.
Pa. Super. Ct. · 2025 · confidence medium
Commonwealth v. Padilla, 885 A.2d 994, 997 (Pa. Super. 2005).
cited Cited as authority (rule) Com. v. Welty, S.
Pa. Super. Ct. · 2025 · confidence medium
As with those accused of any crime, “one charged with [ICC] is to be provided the safeguards which statute and criminal procedures afford.” Id. at 996-997 (citation omitted).
cited Cited as authority (rule) Com. v. Khare, N.
Pa. Super. Ct. · 2024 · confidence medium
Commonwealth v. Smith, 288 A.3d 126, 131 (Pa. Super. 2022) (quoting Commonwealth v. Padilla, 885 A.2d 994, 996-997 (Pa. Super. 2005)).
discussed Cited as authority (rule) Com. v. McKnight, D.
Pa. Super. Ct. · 2024 · confidence medium
Here, the Lancaster County Sheriff Office’s return of service, included in the certified record, specifically states that Deputy Camren Ney served the temporary PFA to McKnight “via phone.” See Commonwealth v. Padilla, 885 A.2d 994, 998 (Pa. Super. 2005) (officer’s verbal notice of temporary PFA order over telephone was sufficient to satisfy the service requirements of due process).
discussed Cited as authority (rule) Gorsline, Z. v. McMinn, M.
Pa. Super. Ct. · 2023 · confidence medium
“As with those accused of any crime, ‘one charged with indirect criminal contempt is to be provided the safeguards which statute and criminal procedures afford.’” Brumbaugh, 932 A.2d at 110 (quoting Commonwealth v. Padilla, 885 A.2d 994, 996-97 (Pa. Super. 2005)); see also Godfrey v. Godfrey, 894 A.2d 776, 785 (Pa. Super. 2006). [T]he essential procedural safeguards which are attendant to a criminal contempt proceeding … include: the right to bail, the right to be notified of accusations against him or her, a reasonable time to prepare a defense, the assistance of counsel, and the ri…
cited Cited as authority (rule) Com. v. Blum, S.
Pa. Super. Ct. · 2023 · confidence medium
Commonwealth v. Padilla, 885 A.2d 994, 996-997 (Pa.Super. 2005) (citations and internal quotation marks omitted), appeal denied, 897 A.2d 454 (Pa. 2006).
cited Cited as authority (rule) Com. v. Schultz, D., Sr.
Pa. Super. Ct. · 2023 · confidence medium
Commonwealth v. Padilla, 885 A.2d 994, 996-997 (Pa.Super. 2005) (citations and internal quotation marks omitted), appeal denied, 897 A.2d 454 (Pa. 2006).
cited Cited as authority (rule) Com. v. Smith, D., Jr.
Pa. Super. Ct. · 2022 · confidence medium
Commonwealth v. Padilla, 885 A.2d 994, 996-997 (Pa.Super. 2005) (citations and internal quotation marks omitted), appeal denied, 897 A.2d 454 (Pa. 2006).
discussed Cited as authority (rule) Commonwealth v. Stevenson, V., Aplt.
Pa. · 2022 · confidence medium
For example, a conviction for driving while one’s operating privilege is suspended under 75 Pa.C.S. § 1543 depends, inter alia, upon whether the Commonwealth provided actual notice of the agency’s decision to suspend operating privileges.21 In the context of property that is sold via tax sale, this Court has held “that tax sales are proceedings which may deprive creditors of property rights, and hence, notice . . . must measure up to the standards of due process.”22 In particular, due process notice “is information which the County is constitutionally obliged to give” to intereste…
discussed Cited as authority (rule) Com. v. Adamski, A.
Pa. Super. Ct. · 2022 · confidence medium
"Where a PFA order is involved, an indirect criminal contempt charge is designed to seek punishment for violation of the protective order." Commonwealth v. Padilla, 885 A.2d 994, 996 (Pa. Super. 2015).
discussed Cited as authority (rule) Com. v. Mateo, A.
Pa. Super. Ct. · 2022 · confidence medium
To satisfy the notice element of ICC, the Commonwealth must prove “actual notice or its equivalent [] in the absence of personal service.” Commonwealth v. Padilla, 885 A.2d 994, 997 (Pa. Super. 2005) (finding that the notice requirement for ICC was satisfied by a police officer’s phone call to the defendant informing him of the PFA order); see also Commonwealth v. Staton, 38 A.3d 785, 794-95 (Pa. 2012) (concluding that the defendant “had equivalent knowledge of the PFA order” based on witness testimony that the victim had informed the defendant of the PFA order and the defendant deli…
discussed Cited as authority (rule) Com. v. Verga, A. (2×) also: Cited "see"
Pa. Super. Ct. · 2021 · confidence medium
To satisfy the ICC’s notice element, the Commonwealth must prove “actual notice or its equivalent [] in the absence of personal service.” Commonwealth v. Padilla, 885 A.2d 994, 997 (Pa. Super. 2005) (affirming -4- J-S14028-21 ICC conviction where notice requirement satisfied by phone call from police officer to defendant informing defendant of PFA); Commonwealth v. Staton, 38 A.3d 785, 794-95 (Pa. 2012) (concluding that evidence that testifying witness had informed defendant of PFA order and that defendant hid when sheriff attempted service of the PFA order sufficient to establish notice…
cited Cited as authority (rule) Com. v. Scharritter, E.
Pa. Super. Ct. · 2021 · confidence medium
Commonwealth v. Padilla, 885 A.2d 994, 996-997 (Pa. Super. 2005) (citations and quotation marks omitted).
examined Cited as authority (rule) Com. v. Wilson, J. (3×) also: Cited "see", Cited "see, e.g."
Pa. Super. Ct. · 2021 · confidence medium
As with those accused of any crime, “one charged with [ICC] is to be provided the safeguards which statute and criminal procedures afford.” Id. at 996-97 (citation omitted).
cited Cited as authority (rule) Com. v. Wiggins, A.
Pa. Super. Ct. · 2021 · confidence medium
Notice may be “actual [] or its equivalent even in the absence of personal service.” Commonwealth v. Padilla, 885 A.2d 994, 997 (Pa. Super. 2005).
discussed Cited as authority (rule) Com. v. Bonafide, N.
Pa. Super. Ct. · 2021 · confidence medium
Commonwealth v. Padilla, 885 A.2d 994, 996 (Pa. Super 2005){holding that “wiiere a PFA order is involved, an indirect criminal ‘contempt charge is designed to seek punishment for violation of the protective order.”}.
discussed Cited as authority (rule) Com. v. McMillian, C.
Pa. Super. Ct. · 2020 · confidence medium
Commonwealth v. Padilla, 885 A.2d 994, 998 (Pa. Super. 2005) (quoting -4- J-S37012-20 Commonwealth v. Baker, 722 A.2d 718, 720 (Pa. Super. 1998) (en banc)).
cited Cited as authority (rule) Com. v. Brown, T.
Pa. Super. Ct. · 2016 · confidence medium
Commonwealth v. Padilla, 885 A.2d 994, 997-998 (Pa. Super. 2005) (citation omitted).
cited Cited as authority (rule) Com. v. Alexander, R.
Pa. Super. Ct. · 2016 · confidence medium
Commonwealth v. Padilla, 885 A.2d 994, 997-998 (Pa. Super. 2005) (citation omitted).
discussed Cited as authority (rule) Com. v. Forrester, V.
Pa. Super. Ct. · 2015 · confidence medium
Indirect criminal contempt is found when a “violation of an Order or Decree of court occurred outside the presence of the court.” Commonwealth v. Padilla, 885 A.2d 994, 996 (Pa.Super.2005), appeal denied, 897 A.2d 454 (Pa.2006).
discussed Cited as authority (rule) Com. v. Copeland, J.
Pa. Super. Ct. · 2015 · confidence medium
Indirect criminal contempt is found when a “violation of an Order or Decree of court occurred outside the presence of the court.” Commonwealth v. Padilla, 885 A.2d 994, 996 (Pa.Super.2005), appeal denied, 897 A.2d 454 (Pa.2006).
discussed Cited as authority (rule) M.L.T. OBO A.L.T., a minor v. E.J.S.
Pa. Super. Ct. · 2015 · confidence medium
The PFA Act temporarily suspends the due process rights of an alleged abuser and enables a court to “[r]esort … to extraordinary measures when necessary to ensure that orders designed to provide protection actually do so.” Commonwealth v. Padilla, 885 A.2d 994, 997 (Pa. Super. 2005).
discussed Cited as authority (rule) Com. v. Soellner, K.
Pa. Super. Ct. · 2014 · confidence medium
Where a PFA order is involved, an [ICC] charge is designed to seek punishment for Commonwealth v. Brumbaugh, 932 8 We observe that the Commonwealth did not file a responsive brief, nor did the trial court file a complete Pa.R.A.P. 1925(a) opinion, as Judge Peoples passed away shortly after trial. -5- J-A23036- 14 A.2d 108 , 110 (Pa. Super. 2007) (citations and quotation marks omitted). sufficiently definite, clear, and specific to the contemnor as to leave no doubt of the conduct prohibited; 2) the contemnor had notice of the order; 3) the act constituting the violation must have been volition…
examined Cited as authority (rule) Commonwealth v. Moore (4×)
Pa. Super. Ct. · 2009 · confidence medium
“Where a PFA is involved, an indirect criminal contempt charge is designed to seek punishment for violation of the protective order.” Commonwealth v. Brumbaugh, II, 932 A.2d 108 (Pa.Super.2007) (quoting Commonwealth v. Padilla, 885 A.2d 994, 996 (Pa.Super.2005)).
cited Cited as authority (rule) Commonwealth v. Brumbaugh
Pa. Super. Ct. · 2007 · confidence medium
As with those accused of any crime, “one charged with indirect criminal contempt is to be. provided the safeguards which statute and criminal procedures afford.” Id. at 996-97 (citation omitted).
Retrieving the full opinion text from the archive…
COMMONWEALTH of Pennsylvania
v.
William PADILLA
Superior Court of Pennsylvania.
Sep 28, 2005.
885 A.2d 994
Adam D. Young, Public Defender, York, for appellant., Michelle L. Sommer, Asst. Dist. Atty., York, for Com., appellee.
Gantman, Montemuro, Olszewski.
Cited by 44 opinions  |  Published

OPINION BY

MONTEMURO, J.:

¶ 1 This is an appeal from the judgment of sentence of six months’ reporting probation imposed following Appellant’s bench conviction of indirect criminal contempt. Appellant was found to have violated a temporary order under the Protection from Abuse Act (PFA), 23 Pa.C.S.A. § 6101, et seq., directing him to have no contact with the victim, a woman whom he had been dating for four months.

¶ 2 In the late afternoon of Friday, November 12, 2004, the victim received an emergency PFA directive ordering Appellant to have no contact with her for 18 months. Because of the timing of events, she had no copy of the order but only verbal assurance that her petition for PFA relief had been granted.

¶ 3 At approximately 2:30 a.m. on November 14, 2004, police received a report from the victim notifying them of the issuance of the PFA order because Appellant had been threatening her over the telephone as well as attempting to gain entry to her home. When police arrived at the victim’s residence, she handed her cell phone to Sergeant Zurn with the information that Appellant was on the line. However, the caller denied that he was William Padilla, announced that he was attempting to reach “Crystal,” and hung up. Sgt. Zurn then telephoned Appellant’s cell phone number and left a message advising him that the victim had obtained a PFA order, and that he was to have no contact with her in future. Shortly thereafter, Appellant returned the sergeant’s call through the 911 service. During the ensuing conversation, and in between Appellant’s imprecations, Sgt. Zurn again informed him of the existence of the no-contact order and the consequences of violating it. After that call, Sgt. Zurn confirmed with authorities that the PFA order had in fact been issued.

¶4 Despite the conversation with Sgt. Zurn, Appellant continued his course of telephonic threats and harassment of the victim, placing 5 or 6 more calls to her. On Sgt. Zurn’s instructions the victim refused to answer her telephone once she determined that Appellant was placing the calls. Appellant was served with a copy of the order in the early afternoon of November 14, after which the calls ceased.

¶ 5 Following a hearing, Appellant was found guilty of indirect criminal contempt for violating the PFA order, and placed on 6 months’ probation. This appeal followed raising the sole issue that the verbal notice of the PFA order provided by Sgt. Zurn over the telephone was insufficient to comply with the service requirements of due process.

A charge of indirect criminal contempt consists of a claim that a violation of an order or decree of court occurred outside the presence of the court. Where a PFA order is involved, an indirect criminal contempt charge is designed to seek punishment for violation of the protective order. The role of criminal contempt and that of many ordinary criminal laws seem identical — protection of the institutions of our government and enforcement of their mandates. Thus, as with those accused with (sic) other[*997] crimes, one charged with indirect criminal contempt is to be provided the safeguards which statute and criminal procedures afford.

Commonwealth v. Baker, 722 A.2d 718, 720 (Pa.Super.1998) (en banc), aff'd, 564 Pa. 192, 766 A.2d 328 (2001) (citations and internal quotation marks omitted).

¶ 6 To establish indirect criminal contempt, it must be shown that 1) the order was sufficiently clear to the contemnor as to leave no doubt of the conduct prohibited; 2) the contemnor had notice of the order; 3) the act must have been one prohibited by the order; and 4) the intent of the contemnor in committing the act must have been wrongful. Id. at 721. Once a trial court has made a finding of indirect criminal contempt, this court will not disturb its decision absent an abuse of discretion. Commonwealth v. Ashton (In re Donohue), 824 A.2d 1198, 1202 (Pa.Super.2003).

¶ 7 Appellant argues that the warning given him over the telephone by Sgt. Zura was inadequate to convey the notice required by the Pennsylvania Rules of Civil Procedure that a PFA order had been entered against him. And, if ordinary means of service were unavailable because the order was issued on Friday afternoon, a special order authorizing service by another means should have been entered, otherwise due process is subverted.

¶ 8 “[D]ue process as applied to the multi-faceted area of family cases is driven by the disparate needs of the parties, their relationship to each other and the public welfare as represented by state action.” Kelly v. Mueller, 861 A.2d 984, 992 (Pa.Super.2004). It is these considerations which determine the answer to the query as to “what process is due.” Id. at 993.

¶ 9 Under § 6107(b), the trial court is given authority to enter temporary ex parte orders on an emergency basis. Moreover, in Commonwealth v. Stallworth, 566 Pa. 349, 781 A.2d 110, 123-24 (2001), we found that a person who has killed the subject of a protective order becomes death penalty eligible by having actual notice of the order or the constructive equivalent. See 42 Pa.C.S.A. § 9711(d)(18). We find that the telephone conversations during which Appellant was informed of the emergency order and the repercussions of violating it constitute actual notice or its equivalent even in the absence of personal service.

¶ 10 This conclusion is supported by 23 Pa.C.S.A. § 6106(g), concerning service of petition and orders related to the commencement of proceedings. That subsection provides

The petition and orders shall be served upon the defendant, and orders shall be served upon the police departments with appropriate jurisdiction to enforce the orders. Orders shall be promptly served on the police. Failure to serve shall not stay the effect of a valid order.

Id.

¶ 11 As this Court observed in Kelly, supra, “to meet special exigencies of abuse cases, the legislature fashioned acceptable PFA procedures which temporarily suspend due process rights of the alleged abuser and provide for summary procedures for implementation of Orders.” Id. Although the Kelly Court was referring to a different measure than that involved here, the principle remains the same: since the point of the statute is to protect the victim from injury or death at the hands of the abuser, resort may be had to extraordinary measures when necessary to ensure that orders designed to provide protection actually do so. Otherwise, the intent of the statute could not be implemented, since emergency ex parte orders[*998] would be rendered nugatory until personal service was effected.

¶ 12 Accordingly, we find that the verbal explanation provided to Appellant over the telephone was adequate to convey notice that a PFA order had been entered against him, and that violation of that order placed him at risk of criminal penalty. He was, therefore, properly found to have been in indirect criminal contempt of court.

¶ 13 Judgment of sentence affirmed.