Spivak Law Firm

Based in Pittsburgh, PA

412-344-4900

Spivak Law Firm is BBB Accredited

Allegheny County PFA Lawyer

Don’t Let a PFA Hurt Your Reputation

DV Pic8Getting 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

DV Pic2Q: 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.

What To Write On Your PFA Petition

702075.TIFApplying for a Protection From Abuse (PFA) Order can be a confusing and even scary process. The PFA Act says that you must prove to the court that you have been abused, as described in the categories below. Abuse can take many forms, including economic, emotional, and psychological, and you can write about those, too.

Note: The defendant will receive a copy of the petition. It will also be available as a public record at your county courthouse.

In your PFA petition, you can describe any of the following, if they happened to you:

  • “Acts that cause bodily injury or serious bodily injury and/or sexual offenses.” These include hitting, punching, slapping, pushing, strangling, chocking, forcing sex or attempting to do any of these things.
  • “Putting another person in reasonable fear of imminent serious bodily injury.” This refers to making threats to harm or kill you, your family, your children, or your pets.
  • “False imprisonment.” This includes restraining your movement or holding you down.
  • “Physical or sexual abuse of minor children.” This includes corporal punishment or spanking that leaves marks or requires medical attention.
  • “A course of conduct or repeatedly committing acts toward another that put the person in reasonable fear of bodily injury.” This includes sending threatening emails, following you, repeatedly calling you on the phone, and showing up at your residence, workplace, or school.

Spivak Law Firm provides strong, compassionate 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 attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Domestic-Violence Deaths In Allegheny County

BU010665The Pennsylvania Coalition Against Domestic Violence this month plans to release its annual report on domestic-violence fatalities throughout the state, which includes summaries of each incident and a county-by-county statistical breakdown.

In 2013, there were 158 domestic-violence fatalities in Pennsylvania, including 28 in Allegheny County, which for two straight years has tallied more than any other Pennsylvania county.

Spivak Law Firm provides strong, aggressive representation for plaintiffs and defendants in Protection From Abuse (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 attorney, call Spivak Law Firm today at (412) 344-4900 or toll free at (800) 545-9390.

Stalking and PFAs in Pennsylvania

DV Pic9A Protection From Abuse (PFA) Order is an important tool for any stalking victim because it allows the police to arrest the stalker, even if the police did not see the stalking behavior. You will need to prove the following two things in order to get a PFA:

  • You are either related to the stalker, married or previously married to the stalker, you have a child with the stalker, or you have an intimate relationship with the stalker (either sexual or dating); and
  • You were followed or contacted by the stalker for no lawful reason and you fear that the stalker will cause you serious bodily injury.

Once you get a PFA, you can ask the court to order that the stalker have no contact with you at home, work or school, as well as many other protections.

Spivak Law Firm provides strong, aggressive representation for plaintiffs and defendants 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 attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Where Do I Go To Get A PFA?

Family Pic8A person seeking the protection of a PFA restraining order can file in one of the following places:

–The county where the plaintiff resides;

–The county where the plaintiff works;

–The county where the defendant may be served; or

–The county where the abuse occurred

If you are going to ask the Judge to remove the abuser from the home you share, you must file the petition in the county where the home is located.

Spivak Law Firm provides strong, aggressive representation for plaintiffs and defendants 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 attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

What Is Stalking?

PFA Pic2Stalking involves following someone in a way that causes the victim to feel fearful or emotionally distressed. Stalking frequently occurs when someone tries to leave an abusive relationship.

Here are some examples of stalking behavior:

  • Following someone on foot or by car
  • Watching someone at work or at home
  • Sending unwanted letters or emails
  • Making unwanted telephone calls
  • Leaving unwanted cards, flowers, or gifts

If you are the victim of stalking, you may be entitled to the protections of a Protection From Abuse (PFA) Order. Spivak Law Firm provides strong, aggressive representation for plaintiffs and defendants at PFA hearings and all criminal hearings in Pittsburgh and nearby counties, including: Allegheny County, Beaver County, Butler County, Washington County, and Westmoreland County.

Call Spivak Law Firm today at (412) 344-4900 or toll free at (800) 545-9390.

PFAs Granted For Roommates, Lovers, Relatives

86505316You can only get a Protection From Abuse (PFA) order against someone you’re related to, right?

Wrong!

Pennsylvania law states that a PFA can be granted against “family or household members, sexual or intimate partners, or persons who share biological parenthood.”

Thus, you can get a PFA against your roommate, your boyfriend/girlfriend, your brother/sister, your parent, your child, or your spouse.

In some states, like California, a person can get a restraining order against a stranger. For instance, movie stars sometimes resort to such orders to prevent stalking by fans. Pennsylvania law does not go that far.

Spivak Law Firm provides strong, aggressive advocacy for plaintiffs and defendants in PFA cases in Pittsburgh and all nearby counties, including: Allegheny County, Washington County, Beaver County, Butler County, Westmoreland County, Indiana County, Clarion County, and Fayette County. To speak with an experienced PFA attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

How to Withdraw a PFA in Pennsylvania

83496541In Pennsylvania, a victim of domestic violence can get a Protection From Abuse (PFA) restraining order against the perpetrator lasting as long as three years. The PFA restricts the abuser from having any contact whatsoever with the victim, including contact by phone, email, text, social media, or third persons.

But what if the victim no longer thinks the PFA is necessary? Can the PFA simply be vacated or withdrawn? In many cases, the answer is yes, though counties have their own unique processes for making the PFA go away.

For instance, in some Pennsylvania counties, the victim needs to formally file a motion to vacate the PFA and present it to the court. In other jurisdictions, the victim may simply ask the court’s PFA administrator to fill out a form. In all cases, the victim should be prepared to explain to a judge why the PFA is no longer necessary. If the judge disagrees, the PFA may remain in effect whether the victim likes it or not.

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

When Filing a PFA Petition May Be Improper

You may not file a Protection From Abuse (PFA) petition:

–Against someone who is merely your neighbor or an acquaintance;

–To stop mental abuse, emotional abuse, or property destruction;

–To obtain a custody order or to resolve a custody dispute.

A PFA Order is a powerful tool for restricting an abuser from contacting his or her victim, but it is not appropriate in every circumstance.

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