PFA Orders

Who Can File a PFA?

Posted on November 16 2014 by Todd Spivak and Rebecca Canterbury

Under Pennsylvania law, to file a Protection From Abuse (PFA) Order, there must be a current or former relationship between the victim and the abuser.

A relationship is defined as a spouse, ex-spouse, or persons who have lived like spouses; a current or former sexual or intimate partner; a parent or child; a brother or sister; or other persons related by blood or marriage.

If you are a minor under 18, a parent, guardian, or another adult household member may file on your behalf.

If you do not meet the relationship criteria above, a PFA Order cannot be entered.

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

PFA Law Gives 5 Definitions Of “Abuse”

Posted on November 11 2014 by Todd Spivak and Rebecca Canterbury

Pennsylvania’s Protection From Abuse (PFA) Law lists five definitions of “abuse”:

The first definition of “abuse” involves physical or sexual violence. The law states: “Attempting to cause or intentionally, knowingly or recklessly causing bodily injury, serious bodily injury, rape, involuntary deviate sexual intercourse, sexual assault, statutory sexual assault, aggravated indecent assault, indecent assault or incest with or without a deadly weapon.” These are the types of conduct people most commonly associate with domestic violence.

Many people are surprised to learn that the second definition of “abuse” involves mere threats. The law states: “Placing another in reasonable fear of imminent serious bodily injury.” Thus, an angry email or text threatening harm or death may be sufficient to grant a PFA order.

The third definition of “abuse” refers to false imprisonment. The law states: “A person commits an offense if he knowingly restrains another unlawfully so as to interfere substantially with his liberty.” Thus, for example, blocking someone from leaving a residence could result in a PFA against you.

The fourth definition of “abuse” specifically involves children. The law states: “Physically or sexually abusing minor children.” The PFA law then refers to statutes involving Child Protective Services.

The fifth definition of “abuse” refers to stalking. The law states: “Knowingly engaging in a course of conduct or repeatedly committing acts toward another person, including following the person, without proper authority, under circumstances which place the person in reasonable fear of bodily injury.”

As you can see, Pennsylvania’s PFA law is very broad. Judges have wide discretion in determining whether a PFA is warranted.

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

PFA Orders Trump Right to Own Guns

Posted on October 25 2014 by Todd Spivak and Rebecca Canterbury

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

Posted on October 20 2014 by Todd Spivak and Rebecca Canterbury

A 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.

What Happens After Criminal Charges Are Filed?

Posted on October 5 2014 by Todd Spivak and Rebecca Canterbury

When criminal charges are filed, the defendant will be arrested or ordered to appear at a court hearing.

The defendant will be taken before a judge and advised of the charges being filed.

A preliminary hearing is scheduled within ten days. The arresting officer will notify the victim of when and where to appear for this next court date.

A judge sets the bond amount.

Bond (or bail) is the amount of money that the Defendant must pay in order to guarantee he or she will appear at the next court date. If the money is not paid, then the defendant will remain in jail and be transported by a sheriff to the next court date.

Charged with a crime? Call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Violating A PFA Order Brings Criminal Charges

Posted on September 23 2014 by Todd Spivak and Rebecca Canterbury

Police may arrest a defendant without a warrant for violating a Protection From Abuse (PFA) Order based on probable cause even if the police did not witness the violation.

Probable cause may consist of verifying a valid PFA Order and the credible statement of the victim.

A Defendant who is arrested for violating a PFA Order will be arraigned on the charge of Indirect Criminal Contempt (ICC) by the magisterial district judge who has jurisdiction.

The burden of proof required in an ICC hearing is “proof beyond a reasonable doubt.” Punishment for violating a PFA Order is a maximum of six months in jail and a $1,000 fine.

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

Ray Rice Video Shines Light on Domestic Abuse

Posted on September 8 2014 by Todd Spivak and Rebecca Canterbury

The Baltimore Ravens released Ray Rice after the media obtained a long-awaited video of the star running back brutally punching his then-fiancee.

Rice escaped criminal charges of aggravated assault, but his career in the NFL may be over. The NFL, which initially issued a mere slap on the wrist with a two-game suspension, has suspended Rice indefinitely.

The incident has focused the entire country’s attention on the prevalence of domestic violence.

Spivak Law Firm provides strong advocacy for plaintiffs and defendants in Protection From Abuse (PFA) and criminal domestic violence cases. Call us at (412) 344-4900 or toll free at (800) 545-9390.

Fight Back Against Allegations of Abuse

Posted on September 8 2014 by Todd Spivak and Rebecca Canterbury

Unfortunately, it is not uncommon for people to exaggerate, fabricate or outright lie to receive a Protection From Abuse (PFA) order. As a result, many innocent people are unfairly swept into the court system. Spivak Law Firm strongly defends such people and has an excellent record of success in getting bogus PFA orders dismissed.

But what if you did it? In other words, should a person who has perpetrated abuse under Pennsylvania law simply accept a three-year Final PFA? Or is it still worthwhile to retain an experienced PFA attorney and fight back against the charges?

At Spivak Law Firm, we recommend fighting back.

In cases where the evidence is stacked against our clients, we are still able to help them by protecting their child custody rights, safeguarding their property, limiting the duration of a PFA order, and advising them on moving forward with their lives. In many cases, we are successful in avoiding a Final PFA even where abuse occurred.

At Spivak Law Firm, we do not judge our clients. We advocate strongly for them. We understand that we all have done things for which we are not proud. We treat our clients with dignity and respect by making ourselves accessible and by striving to build the strongest possible defense in every case.

Served with a PFA? Call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Getting A Continuance In A PFA Case

Posted on August 24 2014 by Todd Spivak and Rebecca Canterbury

In most cases, Judges will allow at least one continuance in a Protection From Abuse (PFA) matter.

PFA hearings are generally scheduled within 10 days. The defendant in a PFA case should have no problem getting a continuance if he or she has not been timely served or needs additional time to retain an attorney.

Parties may be surprised when a Court won’t grant a continuance of a PFA hearing. Continuances are generally only granted for good cause. The plaintiff may not be entitled to a continued hearing date if the defendant is present and wants to go forward.

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

PFAs, Domestic Violence, & Child Custody

Posted on July 19 2014 by Todd Spivak and Rebecca Canterbury

What should you do if you face a Protection From Abuse (PFA) restraining order while criminal domestic violence charges are also pending?

In most cases, you should continue the Temporary PFA until after the criminal case is resolved because any testimony opposing the civil PFA might be used against you in the criminal action.

If kids are involved, and the Temporary PFA restricts your right to see your kids, you may consider asking the Court for a hearing seeking supervised visitation until the criminal case is resolved. Otherwise, you run the risk of not seeing your kids for several months.

Spivak Law Firm has extensive experience handling PFAs, criminal domestic violence, and child custody matters. To speak with an attorney, call (412) 344-4900 or toll free at (800) 545-9390.