Protection From Abuse
10 Tips for PFA Defendants to Avoid Arrest
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.
What to Expect at Your PFA Hearing
If you’ve been served with a PFA, your PFA hearing is likely within 10 days. The thought of having to go before a judge can be very stressful. Indeed, it should cause you some anxiety. After all, a PFA has serious consequences: it can evict you from your home, restrict your ability to see your children, and even land you in jail for six months if you violate it.
At Spivak Law Firm, we handle many PFA cases – representing both defendants and plaintiffs. It often calms our clients when we explain what to expect at a PFA hearing. Here are some things we always go over with our clients to help prepare them for their day in court:
First, it’s important that you show up at the hearing on time. In Allegheny County, PFA hearings are scheduled for 9 a.m. If you show up later than 10 a.m., you could be slapped with a full three-year PFA. Running late is a poor excuse, so plan ahead. Expect traffic and difficulty parking. Like an airport terminal, you will likely have to wait in a long line of people to get through a metal detector. We advise our clients to get to the courthouse by 8:45 a.m.
Second, the plaintiff and defendant likely will not see each other. There is a room for defendants and a separate room for plaintiffs. But do not forget that the PFA remains in place even at court on the day of the hearing. A PFA is a no-contact order. If you violate it, you may be arrested. If you see your accuser in the courthouse, stay away. Do not share an elevator or talk to your accuser. Just go to the waiting area – in Allegheny County, it’s on the third floor of the Family Court Building – check in, and wait for your attorney.
Third, you probably won’t see a judge. Most cases get resolved by the attorneys without ever having to appear before a judge. At Spivak Law Firm, we get the PFA dropped in most cases through negotiations with opposing counsel. Nevertheless, you should work with your attorney so you are prepared to make your strongest case before a judge. Bring any documentation that is helpful to your case – phone records, emails, text messages, photographs, etc. If possible, bring eyewitnesses who can testify as to whether the alleged abuse actually occurred.
For more information about what to expect at your PFA hearing, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.