Spivak Law Firm

Based in Pittsburgh, PA

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Daily Archives: October 8, 2018

PFA Hearings: What If There’s No Evidence?

Posted on October 8 2018 by Todd Spivak and Rebecca Canterbury

Many people mistakenly believe that a Final Protection From Abuse (PFA) order won’t be granted unless there is definitive evidence of abuse.

This is simply not true.

Most cases of alleged domestic violence cannot be proved definitively. There may not be any eyewitnesses, medical records, photographs of injuries, or written correspondence to prove that abuse occurred.

But a judge may still order the Final PFA based on the credible testimony of the alleged victim. In other words, judges rely mainly on what the accuser says under oath when determining whether to grant a Final PFA.

If you have been served with a Temporary PFA, you are at great risk of a Final PFA unless you obtain effective legal representation.

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

Divorce: Who Gets To Stay In The House?

Posted on October 8 2018 by Todd Spivak and Rebecca Canterbury

Despite the fact that you and your spouse have decided to divorce, both of you equally share in the right to occupy the jointly owned residence. Living together while separated can be difficult. But know that you have options.

If you or your children are subject to violence or threats of violence by your ex, you may seek a Protection from Abuse (PFA) Order, which will immediately evict your ex from the residence.

If there is no abuse present, but living together is unbearable, you may petition the court for exclusive possession of the marital residence. The court may award you temporary possession of the marital residence pending final distribution of all marital property.

Spivak Law Firm handles all areas of family law, including: divorce, child custody, child support, and PFA hearings. To speak with an experienced family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.