PFA Orders

PFA Hearings: Child Testimony

Posted on May 7 2021 by Todd Spivak and Rebecca Canterbury

A child under 13-years-old who alleges physical or sexual abuse may not have to testify at a Protection From Abuse (PFA) hearing under Pennsylvania Law.

The Tender Years Hearsay Act allows a psychologist or caseworker from Children Youth and Families (CYF) to testify on the child’s behalf.

The purpose of the Act is to protect children from the added trauma of appearing in court to describe the details of the alleged assault.

New legislation may expand the Act to include children under 17-years-old.

The American Civil Liberties Union of Pennsylvania opposes the bill on grounds that it violates the defendant’s right to due process.

Courts heavily rely on other professionals to determine whether abuse on a child actually occurred.

There may be a forensic interview conducted by a child abuse specialist in the presence of a police detective and a CYF caseworker.

Spivak Law Firm handles all areas of family law and criminal defense with a special focus on PFA, domestic abuse and high-conflict child custody.

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

Domestic Abuse and Mass Shootings

Posted on May 7 2021 by Todd Spivak and Rebecca Canterbury

Experts say there are striking parallels between the factors that drive domestic violence and mass shootings.

FBI data on mass shootings from 2009 to 2015 show that 21 percent of the attackers had previously been charged with domestic violence.

For instance, Omar Mateen, the gunman in the nightclub massacre in Orlando, Florida, had reportedly beaten and attempted to control his ex-wife during their brief marriage.

“Take the dynamic of coercive violence to its most horrible extreme,” according to an article in The New York Times, “and it looks an awful lot like how the Islamic State treats women. It is intimate violence on an industrial scale.”

Spivak Law Firm handles all areas of family law and criminal defense with a special focus on domestic abuse.

Call us at (412) 344-4900 or toll free at (800) 545-9390.

Tracking PFA Defendants

Posted on April 23 2021 by Todd Spivak and Rebecca Canterbury

Under Pennsylvania law, a Protection From Abuse (PFA) order carries serious consequences.

It may evict you from your home, restrict you from your children, and even lead to your arrest.

New legislation may further strengthen the law by requiring PFA defendants to wear an electronic monitoring device.

Dozens of other states allow GPS monitoring for domestic-violence suspects.

In Pennsylvania, such devices are commonly used for criminal defendants.

PFAs are administered by family courts, though violating a PFA order may lead to criminal charges including Indirect Criminal Contempt, which carries a maximum six-month jail sentence.

The legislation regarding electronic monitoring comes on the heels of the 2018 law requiring a person under an active PFA order to turn over their firearms to local law enforcement within 24 hours.

Spivak Law Firm provides strong, compassionate, cost-effective representation at PFA hearings. For a free consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Domestic Violence and the “Boyfriend Loophole”

Posted on March 18 2021 by Todd Spivak and Rebecca Canterbury

Existing federal law forbids people convicted of domestic violence against a current or former spouse to buy or own a firearm.

But what if the abuse was perpetrated by an intimate partner who is not your spouse?

Lawmakers may close the so-called “boyfriend loophole” to expand protections for abuse victims.

Efforts to renew the Violence Against Women Act include a provision to prohibit firearm ownership by those convicted of abusing, assaulting or stalking a dating partner, or to those under a restraining order.

Spivak Law Firm provides strong, compassionate, cost-effective representation. We handle all areas of family law and criminal defense with a special focus on domestic violence, child custody, and Protection From Abuse (PFA).

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

Children Who Witness Domestic Abuse

Posted on March 4 2021 by Todd Spivak and Rebecca Canterbury

Children who witness domestic abuse may have the following range of symptoms:

Loss of appetite
Sleep disturbance
School problems – refuses to attend, truancy, poor performance
Anxiety, fear of abandonment
Increased violent behavior
Verbal abusiveness, lying
Regression – wanting bottle, baby talk, thumb sucking
Perfectionism
Shyness
Tantrums

Spivak Law Firm handles all areas of family law, including: child custody, child support, divorce, Protection From Abuse (PFA) and Children Youth and Families (CYF).

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

PFA Orders May Affect Divorce

Posted on January 29 2021 by Todd Spivak and Rebecca Canterbury

Protection From Abuse (PFA) orders can significantly affect a divorce.

A PFA can evict a person from their own home for an extended period of time. If you are going through a divorce, a PFA can evict a spouse from the marital residence and provide the other spouse leverage for maintaining the residence as part of the divorce settlement.

A PFA can also restrict a parent from his or her children. This could have a detrimental effect on your custody rights as you proceed through divorce.

If your custody rights are restricted due to a PFA, you may also be required to pay child support as a result since the other parent is primarily raising the child.

Spivak Law Firm handles all family law matters, including: divorce, child custody, child support, PFA defense, PFA for victims, division of assets and debts, spousal support, and alimony.

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

Couples Break Up In PFA Court

Posted on December 31 2020 by Todd Spivak and Rebecca Canterbury

Under Pennsylvania law, Protection From Abuse (PFA) orders require a family or intimate relationship between the alleged victim and abuser.

While some rare cases pit parent against child or brother against brother, the vast majority of cases occur between spouses or ex-lovers.

PFA court can be highly emotional, as people are torn from their children, evicted from their homes, and fear losing their jobs.

An abuser often wants to reconcile with the person who obtained the PFA against them. In these situations, it is hard for them to accept that their relationship has been ended without an ability to speak or get closure.

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

If You Witness Domestic Abuse

Posted on November 25 2020 by Todd Spivak and Rebecca Canterbury

While domestic violence typically happens behind closed doors, in some cases it occurs in a public space or around friends or family members, meaning that other people may witness or be aware of the abuse.

Here are 3 tips for what you might do to intervene:

Take into account your own safety as well as the survivor’s. Gather a group of people to stand nearby and either verbally or physically intervene.
Contact the authorities if necessary.
Approach the victim afterwards in a private space and provide them with the contact information of support services.

Spivak Law Firm provides aggressive representation for plaintiffs and defendants in domestic violence cases, including Protection From Abuse (PFA), Children Youth and Families (CYF), and criminal domestic violence.

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

PFA Law: 24 Hours to Relinquish Guns

Posted on November 10 2020 by Todd Spivak and Rebecca Canterbury

Under Pennsylvania law, a person subjected to a Final Protection From Abuse (PFA) order was given 60 days to turn over his or her firearms.

A new law speeds up the time that people have to relinquish their guns to 24 hours after they have been convicted of a misdemeanor domestic-violence crime or had a Final PFA order approved against them by a judge.

The 24-hour provision intends to close a loophole that exposed domestic-abuse victims to continued risk of violence even after obtaining a PFA order.

The new law applies even in cases of alleged stalking, harassment, and assault where guns were not involved.

Spivak Law Firm provides strong representation at PFA hearings. For more information, call us at (412) 344-4900 or toll free at (800) 545-9390.

PFA Orders Affect Hunters and Gun Owners

Posted on September 28 2020 by Todd Spivak and Rebecca Canterbury

Under Pennsylvania law, an active Protection From Abuse (PFA) order restricts defendants from possessing firearms.

If you’ve been served with a PFA, you may have to relinquish all your guns.

This is the case even when there are no specific allegations of threatening behavior involving a firearm.

For people who enjoy hunting, the removal of their firearms can be devastating.

In rural counties, judges sometimes try to persuade defendants to accept settlement terms in order to avoid the risk of a final PFA order that could keep them from hunting for as long as three years.

At Spivak Law Firm, we provide strong, aggressive representation at PFA hearings in Pittsburgh and all surrounding counties, including: Allegheny, Armstrong, Beaver, Butler, Crawford, Fayette, Indiana, Lawrence, Mercer, Washington and Westmoreland.

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