Spivak Law Firm

Based in Pittsburgh, PA

412-344-4900

Spivak Law Firm is BBB Accredited

South Hills PFA Lawyer

PFA Orders Help Abuse Victims

702075.TIFAre you or your children victims of domestic abuse?

In Pennsylvania, a Protection From Abuse (PFA) Order offers many safeguards, including to:

  • Evict the abuser from your household
  • Restrict the abuser from you and the children
  • Order the abuser to pay financial support
  • Prohibit the abuser from contacting you
  • Ban the abuser from possessing guns

Spivak Law Firm provides strong, aggressive representation for Plaintiffs and Defendants at PFA hearings in the following counties: Allegheny, Beaver, Butler, Fayette, Indiana, Washington, and Westmoreland.

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

Spivak Law Firm Seeks PFA Reforms

PFA Pic1Attorney Todd Spivak recently participated on a panel at Duquesne University School of Law to advocate reforming Pennsylvania’s Protection From Abuse (PFA) laws.

A PFA, also commonly known as a restraining order, is a powerful tool that can evict you from your home, restrict you from your children, and prohibit you from possessing firearms.

Attorney Spivak has long advocated for reforming the PFA law to curb false claims of abuse. Proposals for reform include as follows:

  • Courts should make it easier to allow defendants to recover attorney fees when a PFA is withdrawn or dismissed.
  • District attorneys should criminally prosecute serial filers of bogus PFAs.
  • Temporary PFAs should be removed from the public database when a PFA is later withdrawn or dismissed.

Other panelists included Allegheny Court of Common Pleas Judge Kim D. Eaton and Attorney Tom Putinsky, winner of the Edgar G. O’Connor Fellows Award for outstanding public service.

Spivak Law Firm provides strong representation at PFA hearings for plaintiffs and defendants. To speak with an experienced PFA attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

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.

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.

Despite PFA, Pittsburgh Wife Brutally Murdered

111787230A Protection From Abuse (PFA) Order is a powerful tool that restricts an abuser from having any contact with his or her victim under threat of arrest.

But, tragically, a PFA in some cases is still just a piece of paper.

On New Year’s Day, a man from Duquesne was charged with homicide and arson for setting a fire that killed his wife. According to news reports, the man tied her up, poured vodka on her, and lit the alcohol.

Two weeks earlier, she had obtained a Temporary PFA against him. But the PFA did not save her life.

Spivak Law Firm provides strong, aggressive representation for plaintiffs and defendants at PFA hearings in Allegheny County, Beaver County, Butler County, Clarion 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.

PFA Orders Trump Right to Own Guns

In Pennsylvania, Protection From Abuse (PFA) Orders obliterate a person’s constitutional right to possess firearms. A person served with a PFA is immediately ordered to:

–Relinquish to the sheriff any of the defendant’s firearms;

–Relinquish to the sheriff any other weapons or ammunition of the defendant that were used or threatened to have been used in an incident of abuse against the victim or the victim’s children;

–Relinquish any firearm license that the defendant may have;

–Not acquire or possess any other firearm for the duration of the PFA;

When relinquishment is ordered, the defendant must surrender any firearm, weapon, ammunition, or license ordered within 24 hours after service of the temporary PFA order or 24 hours after entry of the final PFA order.

The defendant has the option to relinquish for safekeeping to a third party, who has signed an Affidavit of accountability with the sheriff’s office.

Served with a PFA? We strongly defend your rights and reputation. Call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

9 Sweeping Powers of a PFA Order

BU010665A Protection From Abuse (PFA) Order is a very powerful tool. Under Pennsylvania law, a Court may grant any appropriate relief needed to bring about a cessation of abuse. The most typical provisions of a PFA are as follows:

(1)  direct the abuser not to abuse the victim or the victim’s minor children;

(2)  exclude the abuser from the victim’s residence where the abuser and the victim own or rent the residence together or where the victim owns or rents alone;

(3)  exclude the abuser from the victim’s residence where the abuser owns or rents alone, so long as the abuser and victim are married or have a child together;

(4)  award temporary custody of the minor children to the victim;

(5)  direct the abuser to pay spousal and/or child support to the victim;

(6)  direct the abuser to have no contact with the victim or the victim’s minor children, nor to go to where the victim or the children work or go to school, and not to harass the victim or the victim’s minor children or relatives;

(7)  direct the abuser to relinquish to the sheriff any of the defendant’s firearms;

(8)  direct the abuser to pay for reasonable losses suffered by the victim because of the abuse;

(9)  direct the abuser not to stalk the victim.

Spivak Law Firm provides strong, aggressive representation for plaintiffs and defendants in PFA matters. To speak with an experienced PFA lawyer, call us at (412) 344-4900 or toll free at (800) 545-9390.