PFA Orders

In A PFA, What Is Third-Party Contact?

Posted on September 30 2015 by Todd Spivak and Rebecca Canterbury

Victims of domestic violence, harassment, and stalking are often instructed to obtain a Protection From Abuse (PFA) Order that restricts contact between the parties. A PFA is also known as a restraining order or no-contact order.

In Allegheny County, a PFA Order typically states that the alleged abuser shall not contact the victim, including through third persons. What does that mean exactly?

Third-party contact refers to having a friend or family member contact the victim about the PFA. For instance, if you are a defendant in a PFA matter, you cannot have a mutual friend pressure the victim into withdrawing the PFA.

Indeed, you cannot communicate any message to the plaintiff whatsoever. Even a non-threatening message such as “I miss you” could get you arrested for violating the no-contact order.

Spivak Law Firm provides aggressive representation for defendants and victims at PFA hearings. To schedule a free consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

What Can I Ask For In A PFA?

Posted on August 31 2015 by Todd Spivak and Rebecca Canterbury

In a Protection From Abuse (PFA) petition, you can ask the judge to:

Order the abuser to stop threatening, abusing, harassing or stalking you and your children
Have the abuser evicted from your joint home or excluded from your residence
Keep your new address or location confidential
Grant you temporary custody of your children
Grant you temporary child or spousal support as well as other reimbursements of out-of-pocket expenses that were caused by the abuser
Order the abuser not to have contact with you or your children, or family members
Restrict the abuser from contacting you at school or work
Order the abuser to turn over firearms to the sheriff
Order any other appropriate relief, for instance, requesting the return of your pet, car keys, important papers, etc.

To speak with an experienced PFA attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Strong Defense at PFA Hearings

Posted on August 17 2015 by Todd Spivak and Rebecca Canterbury

Attending a Protection From Abuse (PFA) hearing without an experienced attorney often proves disastrous for defendants. A PFA is a powerful tool that can evict you from your home, restrict your child-custody rights, and lead to your arrest based on a mere allegation of violating it.

In Pittsburgh and most surrounding counties, “victims” of domestic violence and child abuse get a “free” lawyer to help them obtain PFA orders.

But PFA defendants do not get a free lawyer. Many PFA defendants wrongly believe that they are entitled to a public defender. But a PFA is not a criminal matter, so public defenders generally cannot get involved.

A Final PFA Order will stay on your record for the rest of your life. It is a public record that may cause embarrassment, tarnish your reputation, and hurt your job opportunities.

Spivak Law Firm aims to provide the strongest possible defense at PFA hearings in Allegheny County, Beaver County, Butler County, Fayette County, Indiana County, Washington County, and Westmoreland County.

To speak with an experienced PFA defense attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Are You A Victim Of Stalking?

Posted on July 22 2015 by Todd Spivak and Rebecca Canterbury

Stalking frequently occurs when someone tries to leave an abusive relationship. Statistics show that 60 percent of female stalking victims are stalked by their intimate partner.

If you are a victim of stalking, you may file a police report and/or obtain a Protection From Abuse (PFA) Order. It may also be helpful to have an attorney send the stalker a defiant trespass letter telling them that:

–You do not want contact with them

–You do not want them near your home, work, or school

Such a letter from an attorney is most effective if you can prove that the stalker received it and the police get a copy. If the stalking continues, you may then have a strong criminal case against your abuser for stalking, harassment, and defiant trespass.

Spivak Law Firm provides strong, aggressive representation for plaintiffs and defendants in all domestic violence matters, including: PFA hearings, criminal hearings, child custody hearings, and CYF hearings.

For a free consultation, call (412) 344-4900 or toll free at (800) 545-9390.

PFA Hearings Present Many Challenges

Posted on July 6 2015 by Todd Spivak and Rebecca Canterbury

Under Pennsylvania law, a person served with a Protection From Abuse (PFA) order is entitled to a hearing within 10 days. The PFA hearing represents the defendant’s first and most important opportunity to refute the allegations, which may be false or greatly exaggerated.

In some ways, the expedited PFA hearing is beneficial, as the defendant may have been temporarily evicted from the residence and forbidden by court order to have any contact with his or her children. In such circumstances, the relatively short wait for a PFA hearing is positive.

However, in other ways, the expedited hearing often presents serious challenges for the defendant.

The PFA defendant must quickly (1) come up with money to retain an experienced attorney, (2) work with the attorney to build the strongest possible defense, (3) collect documentary evidence such as emails, texts, phone logs, and social media postings, and (4) possibly subpoena witnesses to testify at the hearing.

At Spivak Law Firm, we are committed to building the strongest defense as quickly as possible for PFA defendants who are accused of abuse. Though it sometimes makes sense to continue the hearing date to allow for more time to prepare, we generally do not recommend it.

So long as the Temporary PFA remains in place, you are at risk of being jailed for allegedly violating it. After all, someone who lies to get a PFA against you may also lie to get you arrested.

For a free consultation with an experienced PFA attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

PFA: A Sword Or A Shield?

Posted on July 5 2015 by Todd Spivak and Rebecca Canterbury

A Protection From Abuse (PFA) Order should be used as a shield not a sword.

It is commonly known that many people who seek the protections of a PFA are abusing the court system itself by seeking to gain leverage in child custody and divorce.

They may lie about abuse or greatly exaggerate the level of conflict.

After all, filing a PFA immediately evicts the “abuser” from the home. So if you want your spouse out of the house, a PFA is the fastest, cheapest, and easiest way to do it.

And if you want primary custody of your children, a PFA is the fastest, cheapest, and easiest way to get it.

But judges in Allegheny County and throughout Western Pennsylvania have zero tolerance for people who obtain PFA Orders to gain such advantages.

A PFA is meant to serve as a shield offering protections for people who have been physically or sexually abused.

A PFA should not be used as a sword to inflict pain or otherwise gain advantages in family court.

Based in Pittsburgh, Spivak Law Firm provides aggressive representation in PFA hearings. Call us at (412) 344-4900 or toll free at (800) 545-9390.

Don’t Let a PFA Hurt Your Reputation

Posted on June 19 2015 by Todd Spivak and Rebecca Canterbury

Getting served with a Protection From Abuse (PFA) Order can be upsetting, embarrassing, and downright scary. Police may come to your home or your place of employment. You may be evicted from your home and restricted from seeing your kids. Neighbors, friends, and work colleagues may suddenly perceive you negatively – as an “abuser” – even if the allegations are false.

The mere accusation of abuse can devastate a person’s life and reputation.

At Spivak Law Firm, we aggressively defend people facing allegations of domestic violence and child abuse. We know how the court system works and how to best navigate the system to protect your legal rights. In addition to preparing the strongest possible defense, we pride ourselves on being accessible to clients and treating you with dignity and compassion.

Don’t let a PFA destroy your reputation. Call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

PFA Defendants Must Hire An Attorney

Posted on June 19 2015 by Todd Spivak and Rebecca Canterbury

Q: Will a public defender represent me at my Protection From Abuse (PFA) hearing?

A: No.

People accused of abuse often make the terrible mistake of appearing in PFA Court without a lawyer to defend them. Many think that a public defender – a “free” lawyer – will be appointed to represent them.

But a public defender is available to low-income people in criminal matters only. A PFA is not a criminal matter. A PFA hearing takes place in family court not criminal court.

A PFA is a civil restraining order that restricts an “abuser” from having any contact with the “victim.” A PFA only becomes a criminal matter if the “abuser” violates the PFA Order.

If you’ve been served with a PFA, you need an attorney experienced in family law and criminal defense to represent you. At Spivak Law Firm, we’ve helped hundreds of people get the PFA dismissed while preserving their child-custody rights and protecting their reputations.

Served with a PFA? Call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

How To Get A PFA Restraining Order

Posted on June 15 2015 by Todd Spivak and Rebecca Canterbury

The process for securing a Protection From Abuse (PFA) Order in most Pennsylvania counties starts by filing a paper called a petition at your local county courthouse. In the petition, you tell the court why you feel you need protection. The petition describes the abuse you have suffered and the protection you want from the court. The courthouse has people who must help you fill out the petition.

After you complete your PFA petition, the court will read it and may ask you questions. The alleged abuser is not present during this proceeding.

The judge will likely grant you a Temporary PFA and set a final hearing date within 10 business days. The defendant will get a copy of your petition. At the Final PFA hearing, you may be required to testify about the things you wrote in your petition. A Final PFA Order can last up to three years.

Spivak Law Firm provides strong, aggressive representation for plaintiffs and defendants at PFA hearings in Pittsburgh and all nearby counties, including: Allegheny County, Beaver County, Butler County, Fayette County, Indiana County, Washington County, and Westmoreland County.

To speak with an experienced PFA lawyer, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Spanking Kids Yields Negative Results

Posted on June 14 2015 by Todd Spivak and Rebecca Canterbury

Although some 80 percent of American parents spank their kids, the use of corporal punishment as a method of behavior modification is not supported by the American Academy of Child and Adolescent Psychiatry.

Extensive research demonstrates that although corporal punishment may have a high rate of immediate behavior modification, it is ineffective over time, and is associated with increased aggression and decreased moral internalization of appropriate behavior. Additional negative outcomes associated with corporal punishment are:

Increased risk for physical abuse
Learning that aggression is an acceptable method of problem solving
Experiencing physical and emotional pain, which decreases learning capacity
Being less likely to learn why a certain behavior or action was wrong
Behaving out of fear in the future

Alternatively, parenting programs recommend appropriate limit setting and use of praise to increase positive behaviors, decreasing hostile or coercive family interactions, and enhanced problem solving. These techniques tend to improve the parent-child relationship and decrease the need or utility of corporal punishment.

Spivak Law Firm handles all family law matters with a focus on child custody. Call us at (412) 344-4900 or toll free at (800) 545-9390.