PFA Orders

Improving Pennsylvania’s PFA Law

Posted on March 28 2013 by Todd Spivak and Rebecca Canterbury

A Protection From Abuse (PFA) order has devastating consequences for defendants. But people who file bogus PFAs often face no consequences whatsoever.

“Want somebody out of the house? File a bogus PFA!” Allegheny County Court of Common Pleas Judge Kim D. Eaton recently told Spivak Law Firm for an article published in The Pittsburgh Post-Gazette.

A PFA is a no-contact order that aims to restrict perpetrators of domestic violence from contacting their victims. A PFA can also evict an alleged abuser from his home, eliminate his constitutional right to own guns, and forbid him from seeing his kids.

Family law attorneys deride the PFA system as “poor man’s custody” because it allows people to obtain child custody orders while circumventing the formal custody process and associated court fees.

In Allegheny County, people who file PFAs are entitled to free lawyers who strengthen their PFA petitions and represent them at the PFA hearing.

Defendants do not get a free lawyer, and at least three-fourths of defendants in Allegheny County attend the PFA hearing pro se. They are not entitled to a public defender because a PFA is a civil order, though violating it can result in a six-month jail sentence.

Getting a PFA is easy. In 2011, judges in Allegheny County approved a whopping 97 percent of all initial PFA petitions, which are based solely on a plaintiff’s allegations. The defendant gets no opportunity to respond to the allegations until the PFA hearing about 10 days later.

During that 10-day span, defendants may be booted from their shared residence and restricted to having limited phone contact with their children. Defendants sometimes cannot return home even to get essentials such as toiletries or work uniforms.

The temporary PFA instantly becomes a permanent public record that is easily accessible for free online by friends, neighbors, co-workers, and employers. The stigma of the PFA may permanently damage the defendant’s reputation and relationships.

At a PFA hearing, the plaintiff’s lawyers will often ask the defendants directly if they are willing to accept a short-term PFA. Defendants may accept such an offer without appreciating the far-reaching consequences.

But people who file bogus PFAs often suffer zero consequences.

Pennsylvania law states that a person who files a PFA “in bad faith” must pay the defendant’s attorney fees. But proving bad faith is impossible in most cases because of the “he-said, she-said” nature of domestic violence. A person who files a bogus PFA may also be criminally prosecuted, but this rarely happens.

“The court’s attitude is: ‘You won, the PFA was dismissed, be happy,’” says family law attorney Christine Gale.

Here are five common-sense solutions for curbing abuses in Pennsylvania’s PFA law:

First, there should be a colloquy for PFA defendants to ensure that they understand the consequences of accepting a final PFA. It could be as simple as checking boxes on a standard form.

Second, courts should make it easier for allowing defendants to recover attorney fees when a PFA is withdrawn or dismissed.

Third, district attorneys should criminally prosecute what Judge Eaton calls “serial filers” of bogus PFAs.

Fourth, law schools and legal aid clinics should partner to train students to provide free representation for low-income PFA defendants.

Fifth, temporary PFAs should be removed from the public database when the PFA is later withdrawn or dismissed.

Such measures would strengthen an important law by limiting the damage caused by bogus PFAs.

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

Is Divorce Bad for Children?

Posted on March 20 2013 by Todd Spivak and Rebecca Canterbury

Is divorce bad for children? “Yes, obviously,” may be your knee-jerk response, but a recent article in Scientific American points to studies showing that in the long run divorce adversely affects only a small percentage of kids.

There are many conflicting studies about the long-term consequences of divorce on children. According to University of California professor Judith Wallerstein, most adults who were children of divorce experience depression and relationship issues. But research by University of Virginia professor E. Mavis Hetherington shows that only 15 percent of adult children of divorce experience greater problems than those from stable families.

There seems to be a consensus, however, that many children experience short-term negative effects from divorce, such as anger and anxiety. According to Hetherington’s study, such effects typically diminish or disappear by the second year post-divorce.

At Spivak Law Firm, we believe strongly in protecting children through the divorce process. We handle many high-conflict divorces with issues of child custody, child support, and protection from abuse (PFA). To speak with a Pittsburgh family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Getting Ann’s PFA Dismissed

Posted on March 11 2013 by Todd Spivak and Rebecca Canterbury

For the first time, Ann went several days without seeing her child. The reason? Ann’s husband filed a Protection From Abuse (PFA) restraining order against her. The PFA booted Ann from her home and granted temporary custody of their child to her husband.

Ann’s husband said she hit him after discovering that he was having an affair. He claimed to be afraid of her.

In domestic violence cases, women typically seek protection from their boyfriends or husbands. But Spivak Law Firm has also successfully defended many women accused of abuse by their male partners.

At Ann’s PFA hearing in downtown Pittsburgh, her husband didn’t back down. He wanted to permanently evict Ann from their home and to get primary custody of their son. Both parties testified before a judge.

We aimed to show that Ann’s husband was abusing the PFA system to gain leverage in their imminent divorce and custody disputes. We argued that Ann’s actions did not rise to the level of a PFA because it was a single incident and there were no injuries.

The hearing lasted more than two hours. In the end, the judge dismissed the PFA.

“Thank you so much for everything,” Ann wrote us later that evening. “I couldn’t have done this without you. I am home with my son, I couldn’t be happier.”

Spivak Law Firm provides strong defense at PFA hearings throughout the Pittsburgh area in Allegheny County, Westmoreland County, Washington County, Beaver County, and Butler County. To speak with an experienced PFA defense attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Westmoreland County PFA Withdrawn

Posted on February 15 2013 by Todd Spivak and Rebecca Canterbury

Joe has an anger problem. And he has a drinking problem. But right now the biggest problem he faces is a Protection From Abuse (PFA) order filed by his ex-girlfriend.

Joe’s ex says he threatened her. Joe denies the allegations.

On the morning of the PFA hearing, Joe and his ex sit in separate rooms. She wants a PFA lasting at least one year.

As Joe’s attorney, I ask to speak with the judge. The judge quickly reviews the allegations and appears ready to order a final PFA against Joe.

But I explain to the judge that the parties are not married, have no kids together, and are not living together because Joe has already signed a lease on a new apartment in Westmoreland County. A final PFA could cause Joe to lose his job, which subjects him to routine background checks.

Because there’s nothing tying the parties together, I argue, the judge should dismiss the PFA and let them move on with their lives.

The judge agrees. He instructs the plaintiff’s lawyer to withdraw the PFA. When I return to the waiting area and inform Joe, he exhales a sigh of relief.

“I wasn’t going to hire a lawyer,” Joe says. “I wasn’t even going to show up at the hearing.”

If Joe had not attended the hearing, he likely would have received a maximum three-year PFA. Instead, with the help of his attorney, the PFA was dropped.

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

PFA DO’s and DON’Ts

Posted on February 2 2013 by Todd Spivak and Rebecca Canterbury

At Spivak Law Firm, we provide strong defense at PFA hearings for people accused of domestic violence. In most cases, we get the PFA dismissed.

Based in Pittsburgh, we routinely represent PFA defendants in Allegheny County, Westmoreland County, Beaver County, Butler County, and Washington County.

If you’ve been served with a PFA, protect your future by following this important list of PFA Do’s and Don’ts:

Do Hire an Experienced PFA Defense Lawyer: In many Pennsylvania counties, PFA plaintiffs are entitled to a free lawyer. PFA defendants should retain a lawyer to help level the playing field. PFA is a unique area of law that combines aspects of family law and criminal defense. As one of the few law firms in the greater Pittsburgh area that routinely handles both family and criminal cases, Spivak Law Firm is uniquely qualified to help. Our strong negotiation and courtroom skills help us achieve the best outcomes.

Don’t Blow Off the Hearing: Defendants who fail to appear at their PFA hearing risk getting a maximum three-year PFA. This can be devastating, as a PFA stays on the public docket and can haunt you like a criminal record. It comes up on a basic background check performed by employers, potentially costing you a job or promotion. At Spivak Law Firm, we understand that a PFA is a big deal. If you’ve been served with a PFA, we strongly encourage you to take it seriously by attending the PFA hearing.

Do Bring Evidence: If you’ve been served with a PFA, your hearing is likely just about a week away. That does not leave you or your attorney much time to prepare, so you need to start thinking about your defense immediately. Physical evidence commonly introduced at PFA hearings includes copies of medical records, phone records, emails, texts, and Facebook pages. At Spivak Law Firm, we help our clients prepare for their PFA hearing by collecting – by subpoena, if necessary – all records that help present the strongest possible defense.

Don’t Contact the Plaintiff: A PFA is a no-contact order. While it remains in effect, the defendant must abide by the PFA by having no contact whatsoever with the plaintiff. This includes not just physical contact but also contact by phone, text, email, fax, or regular mail. It also includes third-party contact. Thus, a PFA defendant cannot ask a friend or family member to contact the plaintiff about anything. For instance, having a friend ask the plaintiff to withdraw the PFA constitutes a violation of the court order because it is considered third-party contact. For more information on this issue, please visit our blog post “10 Tips for PFA Defendants to Avoid Arrest.”

Do Bring Witnesses: In domestic violence cases, the only eyewitnesses to the incident are often the parties themselves. Because of the “he-said, she-said” nature of domestic violence, cases are often determined based on credibility. A judge will hear testimony from both parties and make a decision largely based on who comes across as more believable. But when witnesses are present, it is important to bring them to the hearing. Because an eyewitness can be crucial in getting your PFA dropped, Spivak Law Firm works hard with clients to ensure that such witnesses appear at their PFA hearing.

Don’t Violate the PFA: Violating any provision of a PFA can result in a six-month jail sentence and a $1,000 fine. Although the main function of a PFA is to restrict contact between the parties, the court order may also contain other provisions that must be followed to avoid arrest. For instance, a PFA may restrict your ability to see your kids, possess weapons, or go to your home and other places frequented by the plaintiff. At Spivak Law Firm, we carefully review the PFA with our clients to ensure that they understand the restrictions imposed by the PFA and the severe consequences of violating them.

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

Practical Advice for PFA Defendants

Posted on January 12 2013 by Todd Spivak and Rebecca Canterbury

A PFA is a court order that restricts the defendant from having any contact with the plaintiff. But the plaintiff can contact the defendant without violating the PFA. The Sheriff’s Department of Clarion County distributes a helpful flyer instructing defendants on what to do if they encounter their accusers, which we have reprinted here:

–If you see the plaintiff walking toward you on the street, cross the street, and go in a different direction.

–If you are eating dinner in a restaurant when the plaintiff walks in, you need to avoid any contact with him/her. Get up, pay the bill, and leave, if possible, without making the plaintiff aware of your presence or talking to him/her.

–If you are in a movie theater waiting to see a movie and the plaintiff walks in, get up and leave the theater.

–If the plaintiff calls and says to come over for dinner or to “work things out,” do not go. You should have hung up before all that information was given to you. Do not violate the PFA order by talking to the plaintiff, even when she/he called you.

–If the plaintiff calls you and you can repeat what she/he said, you have violated the PFA order. You should have hung up as soon as you recognized the person’s voice.

–If you receive an email from the plaintiff and respond to it, you have violated the PFA order. You should not send or respond to faxes or emails from the plaintiff.

–If you are told that the PFA order has been changed or vacated and you can have contact with the plaintiff, first check with the court that issued the order. Unless and until court personnel confirm that the order has been changed or vacated or you see a court paper confirming that information, do not have any contact with the plaintiff.

Spivak Law Firm provides strong, aggressive defense at PFA hearings in counties across Southwestern Pennsylvania, including: Allegheny County, Beaver County, Butler County, Washington County, and Westmoreland County. To make an appointment with an experienced PFA attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

10 Tips for PFA Defendants to Avoid Arrest

Posted on December 17 2012 by Todd Spivak and Rebecca Canterbury

Violating a PFA can result in criminal charges with a maximum punishment of six months in jail. Here are 10 tips for helping PFA defendants avoid criminal penalties:

Do not drive past the plaintiff’s residence.
Avoid all places where you know the plaintiff goes.
Leave a restaurant, grocery, or any other place if you realize the plaintiff is there.
Hang up the phone immediately if the plaintiff calls you.
Do not send emails, texts, letters, faxes, or gifts to the plaintiff.
Do not respond to emails, texts, letters, faxes, or gifts from the plaintiff.
Avoid contact with the plaintiff’s family, friends, and neighbors.
Do not get into arguments or confrontations with the plaintiff’s family or friends – walk away!
If the plaintiff comes to your house, do not let the plaintiff inside – don’t open the door!
Retain an experienced PFA defense attorney.

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

Domestic Violence Can Happen to Anyone

Posted on December 2 2012 by Todd Spivak and Rebecca Canterbury

Restraining orders and domestic violence can happen to anyone – even the very rich and famous.

Oscar-winning actress Halle Berry will appear in court this week in a domestic violence case that has received international attention.

This past Thanksgiving, Berry’s fiancé got into a brutal fight with Berry’s ex-boyfriend that left both men with serious injuries. Each man filed a restraining order against the other.

The incident occurred in Berry’s driveway while her 4-year-old daughter was inside the house.

In Pennsylvania, a restraining order is known as a PFA, or Protection From Abuse order, which restricts contact between the parties and can be used to gain leverage in child custody matters.

In Berry’s case, the restraining orders could affect her child custody case. Last month, a judge denied Berry’s request to move with her fiancé to France because her ex-boyfriend shares custody of the child.

In Pennsylvania, a person cannot relocate with a child unless every person with custody rights to the child consents or the court approves the relocation.

Berry, like many of our clients throughout Southwestern Pennsylvania, will spend much of this holiday season in court battling over child custody, restraining orders, and criminal charges arising out of the domestic violence incident from Thanksgiving.

Spivak Law Firm handles all domestic violence matters, including PFA restraining orders, criminal charges, and child custody matters. To schedule an appointment, call us at (412) 344-4900 or toll free at (800) 545-9390.

On Talk Show, Spivak Law Firm Discusses PFA Law

Posted on November 15 2012 by Todd Spivak and Rebecca Canterbury

Spivak Law Firm appeared this week on one of Toronto’s largest radio stations to discuss the stigma of domestic violence and how it affects people who are falsely accused of abuse.

Here’s a summary of our interview with Jim Richards on CFRB Newstalk 1010, which was prompted by news that the long-time puppeteer and voice of Elmo on Sesame Street was falsely accused of having sex with a minor:

“We get calls all day long from people who say they were falsely accused of abuse,” said Todd Spivak, attorney and owner of Spivak Law Firm, “whether it’s harassment, stalking, physical violence, or sexual abuse.

“In Pennsylvania, there are restraining orders known as PFAs, and they’re very easy to get. Judges in Allegheny County sign off on about 97 percent of all initial PFA petitions. And then the majority of these claims are either withdrawn or dismissed.

“In Pennsylvania, the PFA remains a public record. It can preclude you from certain job opportunities and promotions, hurt your credit rating, as well as destroy your relationships with your neighbors, your family, and your friends.”

“Domestic violence is real. But people who are pulled into this system unfairly, unnecessarily, they have to go on and live with this stigma for the rest of their lives.”

At Spivak Law Firm, we strongly defend people against accusations of abuse. If you’ve been served with a PFA or face criminal domestic violence charges, call us at (412) 344-4900 or toll free at (800) 545-9390.

Elmo Puppeteer Falsely Accused of Abuse?

Posted on November 13 2012 by Todd Spivak and Rebecca Canterbury

At Spivak Law Firm, our phone rings every day from people who say they’ve been falsely accused of abuse. We aggressively defend these people against bogus PFAs and false complaints of harassment, stalking, assault, and other forms of domestic violence.

Their stories don’t make headlines. But every once in a while a story like theirs will make the news, shining a light on how these people’s lives are ruined by lies.

This week, the gossip website TMZ published a claim that Kevin Clash, the voice and puppeteer of Elmo on “Sesame Street,” had sex with a minor. The very next day, his accuser recanted.

But the stigma remains. Elmo’s puppeteer endured a months-long investigation by his employer before the false allegations went viral online.

Like so many of our clients, Clash has endured the hell of being defamed publicly. In Pennsylvania, all PFAs are public records easily viewable for free by employers, family, friends, neighbors, and anyone else who wants to dig into their backgrounds.

And like so many of our clients, he must try to put these false accusations of abuse behind him and get on with his life.

If you’ve been served with a PFA or accused of abuse, call Spivak Law Firm at (412) 344-4900 or (800) 545-9390.