HB 1908 | Increased mandatory minimums for repeat violations of protection from abuse orders

Session: 2025-2026

ACLU-PA Position: Opposes

HB 1908 (PN 2386) would increase mandatory minimum fines and the possibility of up to two years’ imprisonment for repeated violations of protection‐from‐abuse orders.

Under this new scheme, a fourth or subsequent conviction would carry a fine of not less than $1,000 and up to two years’ imprisonment, which could result in a state prison sentence. The bill subjects individuals to extremely harsh penalties (substantial fines and up to two years’ imprisonment) for what may be non-violent or technical violations of protective orders (for example, inadvertent contact, miscommunication, or minor violations).

Applying such a sanction scheme risks punishments that are disproportionate to the underlying conduct and the risk posed. Likewise, violations of protective orders may already overlap with criminal statutes (harassment, stalking, assault, etc.), it is possible that the contempt penalty under this bill may exceed or be more burdensome than the statutory punishment for the underlying offense itself. This inversion undermines the proportionality principle: the punishment for a regulatory or order violation should not typically exceed that for a comparable criminal offense.

Legislators should also weigh the ripple effects this bill would have on the public defense system. Every time the General Assembly expands criminal or quasi-criminal penalties, it increases the workload of public defender offices, often without any corresponding increase in resources. Indirect criminal contempt proceedings fall squarely within the responsibilities of county public defenders when a person cannot afford counsel. By expanding potential penalties and creating greater risk of incarceration, the bill heightens the stakes for defendants while offering no additional funding or support for the offices responsible for ensuring due process.