PFA Orders

Pennsylvania PFA Orders Restrict Contact

Posted on July 7 2013 by Todd Spivak and Rebecca Canterbury

A Protection From Abuse (PFA) order is commonly known as a restraining order or no-contact order. Under Pennsylvania law, “no contact” includes: no physical contact; no phone calls; no emails; no text messages; no mailing letters; no sending flowers, boxes of candy, or gifts of any kind; and no third-party contact, such as sending messages through friends, relatives, neighbors, religious leaders, or acquaintances. If you’ve been served with a PFA, do not try to persuade the plaintiff into withdrawing the PFA. Violating a PFA order can result in a six-month jail sentence and a $1,000 fine.

Spivak Law Firm provides strong representation for people at PFA hearings and Indirect Criminal Contempt (ICC) hearings. To speak with an experienced PFA lawyer, call Spivak Law Firm at (412) 344-4900 or (800) 545-9390.

Accused of Abuse?

Posted on May 12 2013 by Todd Spivak and Rebecca Canterbury

Spivak Law Firm routinely defends people accused of domestic violence and abuse. We defend people facing Protection From Abuse (PFA) orders and criminal charges such as simple assault, aggravated assault, harassment, stalking, terroristic threats, child abuse, and reckless endangerment. We also help people facing abuse charges assert child custody and visitation rights.

In family court, it is important to understand that credibility is everything. Someone accused of abuse instantly loses sympathy and credibility in the eyes of the court. Only a rapid, fact-based response can prevent a negative stereotype from attaching to you if you’re falsely accused of abuse. If this happens, it often helps to request a custody or psychological evaluation for both parents and the children, which some judges will order to get beneath the surface and thoroughly evaluate the truth, the dynamics of the parties, and their parenting abilities. Ideally you need to be prepared with a fact-based response to these common types of allegations from the start of the case.

If you’ve been accused of abuse, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Types of Domestic Violence

Posted on May 9 2013 by Todd Spivak and Rebecca Canterbury

At Spivak Law Firm, we handle many cases involving allegations of domestic violence, including: Protection From Abuse (PFA), criminal charges such as assault and harassment, and high-conflict divorce and child custody matters. According to family law experts, there are four distinctly different types of domestic violence:

1) Battering: Also known as coercive controlling violence, battering involves a pattern of power and control by one partner and a pattern of fear in the victim partner. There may not be frequent violence, but when violence occurs, it can be severe and result in bruises, broken bones, and even death. The victim often becomes isolated, loses self-esteem, and finds it very hard to leave. Most batterers seem to have characteristics of borderline, narcissistic, or anti-social personalities.

2) Situational Couple Violence: This type of domestic violence is the most common type. Instead of a pattern of power and control, both parties in the couple have difficulties resolving conflict peacefully and get into pushing and shoving types of behavior, sometimes with injuries. Neither party lives in fear of the other, and the violence is generally less severe. Research shows that men and women engage in this type of violence fairly equally.

3) Separation-Instigated Violence: Sometimes there are one or two incidents at the time of separation, but no prior history of violence. Both parties may engage in this behavior, and it is fairly equal among males and females.

4) Violent Resistance: This term is used when a victim of a batterer fights back, sometimes injuring the usual perpetrator. Sometimes, batterers set up a spouse to fight back, then call the police. Sometimes victims get arrested because of one injury to the batterer, while the batterer gets away with numerous injuries on other occasions that the victim does not report.

To schedule an appointment with an attorney experienced in cases involving allegations of domestic violence, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

5 Common PFA Misconceptions

Posted on April 25 2013 by Todd Spivak and Rebecca Canterbury

Many people have misconceptions about Protection From Abuse (PFA) orders. As a result, they might accept a PFA instead of fighting it. Or they might violate the PFA unknowingly, resulting in criminal charges. Protect yourself by reading Spivak Law Firm’s five most common PFA misconceptions:

Misconception #1: “It doesn’t matter if I get a PFA because I don’t want to see the plaintiff anyway.

Even if you don’t want to have contact with the plaintiff, we strongly advise you to contest the PFA. A PFA stays on the civil docket and can haunt you for years, especially if you seek a job that requires a background check. Protect your future by hiring an experienced PFA attorney to try to get the PFA vacated, withdrawn, or dismissed.

Misconception #2: “The PFA means we can’t contact each other.”

In fact, the PFA means the defendant cannot contact the plaintiff. But the plaintiff can contact the defendant because the PFA restricts the defendant only. If the plaintiff contacts you while the PFA remains in place, do not respond. The plaintiff could be setting a trap to get you arrested. The plaintiff may always seek to withdraw the PFA.

Misconception #3: “I won’t get in trouble for having somebody else tell the plaintiff to drop the PFA.”

A PFA is a no-contact order. No contact includes physical contact as well as phone calls, texts, emails, faxes, and regular mail. It also includes third-party contact. Instructing another person to give any message whatsoever to the plaintiff is a violation of the PFA that could result in criminal charges.

Misconception #4: “A PFA can’t be used to take my kids away.”

Plaintiffs sometimes misuse PFAs to gain leverage in child custody and divorce cases. Plaintiffs may temporarily receive sole custody of a child until the final PFA hearing, causing defendants to go weeks or even months without seeing their kids. Custody provisions are often included in final PFAs that stay in place indefinitely.

Misconception #5: The plaintiff can’t afford a lawyer so I don’t need to get a lawyer either.

In many Pennsylvania counties, including Allegheny and Westmoreland Counties, plaintiffs may receive a free lawyer regardless of income. In these counties, free lawyers are offered to all plaintiffs, not just low-income plaintiffs. Spivak Law Firm strongly advises defendants to hire an experienced PFA attorney to level the playing field.

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

Post-Gazette Features Spivak Law Firm

Posted on March 28 2013 by Todd Spivak and Rebecca Canterbury

The Pittsburgh Post-Gazette has featured Spivak Law Firm’s article on ways to fix Pennsylvania’s Protection From Abuse (PFA) law to limit false claims of abuse.

Although a PFA aims to protect victims of domestic abuse, the law itself is frequently abused by plaintiffs who file bogus PFAs to get defendants evicted from a shared residence or to gain leverage in a divorce or child custody matter.

In our article, Spivak Law Firm proposes five common-sense solutions for curbing abuses. Our recommendations include criminally prosecuting filers of bogus PFA petitions and removing PFA records from the public database if the order is withdrawn or dismissed.

Spivak Law Firm, which focuses on family law and criminal defense, was featured in The Pittsburgh Post-Gazette last September in an article about child custody rights in Pennsylvania. The local newspaper also spotlighted Spivak Law Firm in its South Notables section and includes us in its business directory.

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

Improving Pennsylvania’s PFA Law

Posted on March 28 2013 by Todd Spivak and Rebecca Canterbury

A Protection From Abuse (PFA) order has devastating consequences for defendants. But people who file bogus PFAs often face no consequences whatsoever.

“Want somebody out of the house? File a bogus PFA!” Allegheny County Court of Common Pleas Judge Kim D. Eaton recently told Spivak Law Firm for an article published in The Pittsburgh Post-Gazette.

A PFA is a no-contact order that aims to restrict perpetrators of domestic violence from contacting their victims. A PFA can also evict an alleged abuser from his home, eliminate his constitutional right to own guns, and forbid him from seeing his kids.

Family law attorneys deride the PFA system as “poor man’s custody” because it allows people to obtain child custody orders while circumventing the formal custody process and associated court fees.

In Allegheny County, people who file PFAs are entitled to free lawyers who strengthen their PFA petitions and represent them at the PFA hearing.

Defendants do not get a free lawyer, and at least three-fourths of defendants in Allegheny County attend the PFA hearing pro se. They are not entitled to a public defender because a PFA is a civil order, though violating it can result in a six-month jail sentence.

Getting a PFA is easy. In 2011, judges in Allegheny County approved a whopping 97 percent of all initial PFA petitions, which are based solely on a plaintiff’s allegations. The defendant gets no opportunity to respond to the allegations until the PFA hearing about 10 days later.

During that 10-day span, defendants may be booted from their shared residence and restricted to having limited phone contact with their children. Defendants sometimes cannot return home even to get essentials such as toiletries or work uniforms.

The temporary PFA instantly becomes a permanent public record that is easily accessible for free online by friends, neighbors, co-workers, and employers. The stigma of the PFA may permanently damage the defendant’s reputation and relationships.

At a PFA hearing, the plaintiff’s lawyers will often ask the defendants directly if they are willing to accept a short-term PFA. Defendants may accept such an offer without appreciating the far-reaching consequences.

But people who file bogus PFAs often suffer zero consequences.

Pennsylvania law states that a person who files a PFA “in bad faith” must pay the defendant’s attorney fees. But proving bad faith is impossible in most cases because of the “he-said, she-said” nature of domestic violence. A person who files a bogus PFA may also be criminally prosecuted, but this rarely happens.

“The court’s attitude is: ‘You won, the PFA was dismissed, be happy,’” says family law attorney Christine Gale.

Here are five common-sense solutions for curbing abuses in Pennsylvania’s PFA law:

First, there should be a colloquy for PFA defendants to ensure that they understand the consequences of accepting a final PFA. It could be as simple as checking boxes on a standard form.

Second, courts should make it easier for allowing defendants to recover attorney fees when a PFA is withdrawn or dismissed.

Third, district attorneys should criminally prosecute what Judge Eaton calls “serial filers” of bogus PFAs.

Fourth, law schools and legal aid clinics should partner to train students to provide free representation for low-income PFA defendants.

Fifth, temporary PFAs should be removed from the public database when the PFA is later withdrawn or dismissed.

Such measures would strengthen an important law by limiting the damage caused by bogus PFAs.

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

Is Divorce Bad for Children?

Posted on March 20 2013 by Todd Spivak and Rebecca Canterbury

Is divorce bad for children? “Yes, obviously,” may be your knee-jerk response, but a recent article in Scientific American points to studies showing that in the long run divorce adversely affects only a small percentage of kids.

There are many conflicting studies about the long-term consequences of divorce on children. According to University of California professor Judith Wallerstein, most adults who were children of divorce experience depression and relationship issues. But research by University of Virginia professor E. Mavis Hetherington shows that only 15 percent of adult children of divorce experience greater problems than those from stable families.

There seems to be a consensus, however, that many children experience short-term negative effects from divorce, such as anger and anxiety. According to Hetherington’s study, such effects typically diminish or disappear by the second year post-divorce.

At Spivak Law Firm, we believe strongly in protecting children through the divorce process. We handle many high-conflict divorces with issues of child custody, child support, and protection from abuse (PFA). To speak with a Pittsburgh family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Getting Ann’s PFA Dismissed

Posted on March 11 2013 by Todd Spivak and Rebecca Canterbury

For the first time, Ann went several days without seeing her child. The reason? Ann’s husband filed a Protection From Abuse (PFA) restraining order against her. The PFA booted Ann from her home and granted temporary custody of their child to her husband.

Ann’s husband said she hit him after discovering that he was having an affair. He claimed to be afraid of her.

In domestic violence cases, women typically seek protection from their boyfriends or husbands. But Spivak Law Firm has also successfully defended many women accused of abuse by their male partners.

At Ann’s PFA hearing in downtown Pittsburgh, her husband didn’t back down. He wanted to permanently evict Ann from their home and to get primary custody of their son. Both parties testified before a judge.

We aimed to show that Ann’s husband was abusing the PFA system to gain leverage in their imminent divorce and custody disputes. We argued that Ann’s actions did not rise to the level of a PFA because it was a single incident and there were no injuries.

The hearing lasted more than two hours. In the end, the judge dismissed the PFA.

“Thank you so much for everything,” Ann wrote us later that evening. “I couldn’t have done this without you. I am home with my son, I couldn’t be happier.”

Spivak Law Firm provides strong defense at PFA hearings throughout the Pittsburgh area in Allegheny County, Westmoreland County, Washington County, Beaver County, and Butler County. To speak with an experienced PFA defense attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Westmoreland County PFA Withdrawn

Posted on February 15 2013 by Todd Spivak and Rebecca Canterbury

Joe has an anger problem. And he has a drinking problem. But right now the biggest problem he faces is a Protection From Abuse (PFA) order filed by his ex-girlfriend.

Joe’s ex says he threatened her. Joe denies the allegations.

On the morning of the PFA hearing, Joe and his ex sit in separate rooms. She wants a PFA lasting at least one year.

As Joe’s attorney, I ask to speak with the judge. The judge quickly reviews the allegations and appears ready to order a final PFA against Joe.

But I explain to the judge that the parties are not married, have no kids together, and are not living together because Joe has already signed a lease on a new apartment in Westmoreland County. A final PFA could cause Joe to lose his job, which subjects him to routine background checks.

Because there’s nothing tying the parties together, I argue, the judge should dismiss the PFA and let them move on with their lives.

The judge agrees. He instructs the plaintiff’s lawyer to withdraw the PFA. When I return to the waiting area and inform Joe, he exhales a sigh of relief.

“I wasn’t going to hire a lawyer,” Joe says. “I wasn’t even going to show up at the hearing.”

If Joe had not attended the hearing, he likely would have received a maximum three-year PFA. Instead, with the help of his attorney, the PFA was dropped.

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

PFA DO’s and DON’Ts

Posted on February 2 2013 by Todd Spivak and Rebecca Canterbury

At Spivak Law Firm, we provide strong defense at PFA hearings for people accused of domestic violence. In most cases, we get the PFA dismissed.

Based in Pittsburgh, we routinely represent PFA defendants in Allegheny County, Westmoreland County, Beaver County, Butler County, and Washington County.

If you’ve been served with a PFA, protect your future by following this important list of PFA Do’s and Don’ts:

Do Hire an Experienced PFA Defense Lawyer: In many Pennsylvania counties, PFA plaintiffs are entitled to a free lawyer. PFA defendants should retain a lawyer to help level the playing field. PFA is a unique area of law that combines aspects of family law and criminal defense. As one of the few law firms in the greater Pittsburgh area that routinely handles both family and criminal cases, Spivak Law Firm is uniquely qualified to help. Our strong negotiation and courtroom skills help us achieve the best outcomes.

Don’t Blow Off the Hearing: Defendants who fail to appear at their PFA hearing risk getting a maximum three-year PFA. This can be devastating, as a PFA stays on the public docket and can haunt you like a criminal record. It comes up on a basic background check performed by employers, potentially costing you a job or promotion. At Spivak Law Firm, we understand that a PFA is a big deal. If you’ve been served with a PFA, we strongly encourage you to take it seriously by attending the PFA hearing.

Do Bring Evidence: If you’ve been served with a PFA, your hearing is likely just about a week away. That does not leave you or your attorney much time to prepare, so you need to start thinking about your defense immediately. Physical evidence commonly introduced at PFA hearings includes copies of medical records, phone records, emails, texts, and Facebook pages. At Spivak Law Firm, we help our clients prepare for their PFA hearing by collecting – by subpoena, if necessary – all records that help present the strongest possible defense.

Don’t Contact the Plaintiff: A PFA is a no-contact order. While it remains in effect, the defendant must abide by the PFA by having no contact whatsoever with the plaintiff. This includes not just physical contact but also contact by phone, text, email, fax, or regular mail. It also includes third-party contact. Thus, a PFA defendant cannot ask a friend or family member to contact the plaintiff about anything. For instance, having a friend ask the plaintiff to withdraw the PFA constitutes a violation of the court order because it is considered third-party contact. For more information on this issue, please visit our blog post “10 Tips for PFA Defendants to Avoid Arrest.”

Do Bring Witnesses: In domestic violence cases, the only eyewitnesses to the incident are often the parties themselves. Because of the “he-said, she-said” nature of domestic violence, cases are often determined based on credibility. A judge will hear testimony from both parties and make a decision largely based on who comes across as more believable. But when witnesses are present, it is important to bring them to the hearing. Because an eyewitness can be crucial in getting your PFA dropped, Spivak Law Firm works hard with clients to ensure that such witnesses appear at their PFA hearing.

Don’t Violate the PFA: Violating any provision of a PFA can result in a six-month jail sentence and a $1,000 fine. Although the main function of a PFA is to restrict contact between the parties, the court order may also contain other provisions that must be followed to avoid arrest. For instance, a PFA may restrict your ability to see your kids, possess weapons, or go to your home and other places frequented by the plaintiff. At Spivak Law Firm, we carefully review the PFA with our clients to ensure that they understand the restrictions imposed by the PFA and the severe consequences of violating them.

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