Allegheny County PFA Lawyer
PFA and Criminal Records
Q: Will a Protection From Abuse (PFA) Order appear on my criminal record?
A: No.
A PFA is a civil matter that appears on the family court docket along with documents relating to divorce and child custody. It will not appear on the criminal docket, though employers increasingly review both dockets when making hiring decisions.
A PFA is not a criminal matter, though it can become one if you are merely accused of violating the Order. A PFA violation can lead to the charge of Indirect Criminal Contempt (ICC), which carries a six-month jail sentence and $1,000.00 fine.
Spivak Law Firm handles all PFA, criminal, and expungement matters. Call us today at (412) 344-4900 or toll free at (800) 545-9390.
PFA and Law Enforcement
If you’re a law-enforcement official, a Final Protection From Abuse (PFA) Order against you could mean the end of your career.
Under Pennsylvania law, a PFA prohibits the defendant from possessing a firearm. For law enforcement officials, the inability to possess a firearm may lead to their termination.
At Spivak Law Firm, we understand the serious consequences of a Final PFA. We have represented law enforcement officials at every level of government: federal Department of Homeland Security, state troopers, county sheriffs, and local police officers.
Spivak Law Firm provides strong, aggressive defense at PFA hearings in Pittsburgh and all surrounding counties, including: Allegheny County, Beaver County, Butler County, Fayette County, Greene County, Indiana County, Washington County, and Westmoreland County.
If you’ve been served with a PFA, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
4 Tips for PFA Defendants
It is important to maintain your composure at your Final PFA hearing.
It will be difficult to remain calm while the opposing party makes allegations of abuse against you, but walking into a hearing with a bad attitude may affect the judge’s opinion of you and add to the plaintiff’s credibility – even if the allegations are false.
To avoid discrediting your version of events, follow these four tips at your PFA hearing:
- Do not raise your voice in anger to the judge, your lawyer, or the other party;
- Do not shake your head, roll your eyes, or laugh while the other party is speaking;
- Do not interrupt the other party or the judge;
- Do not make mean-spirited comments about the other party.
If you have been served with a PFA order, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Post-Gazette Features Spivak Law Firm
The Pittsburgh Post-Gazette has once again featured Spivak Law Firm on issues involving family law and criminal defense.
The P-G recently published the article, Impoverished Parents Deserve Their Day In Court, written by Rebecca Canterbury, who will begin work at Spivak Law Firm as an associate attorney in the fall.
Attorney Todd Spivak, the owner of Spivak Law Firm and a two-time Pulitzer Prize nominee, assisted with writing and editing the article for publication.
The Post-Gazette routinely features Spivak Law Firm, publishing several articles of important legal commentary on child custody and Protection From Abuse (PFA) laws in Pennsylvania.
In Crack Down On Domestic Violence In Allegheny County, Attorney Spivak calls on Allegheny County to let specialized judges with extensive domestic-violence training oversee all PFA hearings.
In Improve Pennsylvania’s Domestic-Abuse Law, Attorney Spivak exposes the issue of bogus PFA orders and recommends ways to curb abuses in the system.
In Child Custody For Rapists, Attorney Spivak explains how rapists use family court to harass and intimidate their victims. Since the article’s publication, the Pennsylvania Legislature has taken action to safeguard the custody rights of rape victims.
Spivak Law Firm provides strong, compassionate, cost-effective representation in all family law and criminal defense matters. Call us at (412) 344-4900.
Served with a PFA?
If you’ve been served with a Protection from Abuse (PFA) order, you should begin preparing your defense immediately, as your PFA hearing will likely occur within just 10 days.
Spivak Law Firm provides strong, aggressive defense at PFA hearings in Pittsburgh and all surrounding counties, including: Allegheny County, Beaver County, Butler County, Fayette County, Indiana County, Washington County, and Westmoreland County. We work hard to protect your reputation, your job, and your child custody rights.
If you’re served with a PFA, we recommend taking the following actions:
- Call Spivak Law Firm for a free consultation.
- Avoid all contact with the plaintiff.
- Collect documentary evidence such as texts, emails, and photographs for your defense.
Served with a PFA? Call Spivak Law Firm today at (412) 344-4900 or toll free at (800) 545-9390.
No Guns For PFA Defendants
Should Pennsylvania adopt stricter gun laws in an attempt to reduce domestic violence?
Many states have recently done so. For instance, Maine last year passed a law prohibiting people convicted of domestic violence crimes from owning guns for five years after completing their court-ordered sentences.
In Pennsylvania, people with active Protection From Abuse (PFA) Orders against them are prohibited from possessing firearms. PFA defendants must either relinquish weapons to their local sheriff’s office or give them to a friend or family member for safekeeping.
Some activist groups want to further restrict PFA defendants by eliminating the state’s third-party safekeeping provision.
Spivak Law Firm handles all matters of family law and criminal defense with a focus on domestic violence. Call us at (412) 344-4900 or toll free at (800) 545-9390.
Want a PFA? Just Ask.
In Allegheny County, judges approve nearly all requests for Temporary Protection From Abuse (PFA) Orders.
Indeed, more than 90 percent of requests for a Temporary PFA are granted in all counties surrounding Pittsburgh, including: Allegheny, Beaver, Butler, Washington, and Westmoreland.
But recent reports show that a whopping 44 percent of PFA petitions were denied by judges in York County, located in South Central Pennsylvania. Public meetings have been scheduled in York County to address the disparities.
Spivak Law Firm provides strong, aggressive representation for plaintiffs and defendants at PFA hearings. For a free consultation, call (412) 344-4900 or toll free at (800) 545-9390.
PFA Hearings and Constitutional Rights
A bogus PFA wreaks havoc on a person’s life: it evicts you from your home, restricts you from seeing your kids, and subjects you to possible arrest for the mere accusation of violating the no-contact order.
In Pennsylvania, a Final PFA Hearing generally occurs within 10 days after issuance of the Temporary PFA Order.
A Final PFA Hearing must occur shortly after the Temporary PFA Order gets issued because ex parte orders are limited by the Constitution. The due process clause of the Fifth and Fourteenth Amendments provide that a person shall not be deprived of liberty or property without adequate notice and an opportunity to be heard.
Spivak Law Firm provides strong, aggressive representation at PFA hearings in Pittsburgh and all surrounding counties: Allegheny County, Beaver County, Butler County, Washington County, and Westmoreland County. For a free consultation, call us at (412) 344-4900 or toll free at (800) 545-9390.
“The Terror Is Constant”
The following is the third of three excerpts from a recent column by Nancy Eshelman of the Patriot-News in Central Pennsylvania. Ms. Eshelman’s husband was convicted of voluntary manslaughter in a domestic violence related incident.
“For a domestic violence victim, the feeling of vulnerability increases after she makes the break. She knows he is angry and she waits for him to show it.
Walking to the mail box, taking out the trash, working in the yard become terrifying. The prospect of unloading groceries from her trunk causes her to sweat.
She drives everywhere with one eye in the rear view mirror and her car doors locked. She never exits the car without her house keys in her hand.
She burns too many lights. She looks out the windows. She wonders if she frantically dials 911 how long a response would take. She asks herself repeatedly which direction she would run if she saw him approaching.
The terror is constant. It takes a toll, physically and mentally.
And for too many women, the threat becomes all too real.”
Spivak Law Firm provides strong, compassionate representation in PFA and criminal domestic-violence cases. For a free consultation, call us at (412) 344-4900 or toll free at (800) 545-9390.
“I Still Shiver From The Fear”
The following is the second of three excerpts from a recent column by Nancy Eshelman of the Patriot-News in Central Pennsylvania. Ms. Eshelman’s husband was convicted of voluntary manslaughter in a domestic violence related incident.
“The terror is constant. It takes a toll, physically and mentally.
If I think about it, and I try not to, I still shiver from the fear.
Night after night, unable to sleep, convinced that every passing car, every tree branch blowing in the wind is him.
For a victim of domestic violence, peace is elusive, sleep unknown.
I recall rushing home from work and taking a shower because somehow being naked and alone in the bathroom felt less vulnerable in daylight.
The victim longs to feel normal, but normal is no longer part of her existence.
If she’s a mother, she strives to create a semblance of normalcy for her kids. She helps with homework, but can’t concentrate. She attends their activities, but often misses the action.
Instead of watching her son running up and down the basketball court, she’s scanning the stands, terrified she will see that face, the one that haunts her.
As one woman described it, ‘You become like a guerilla warrior – constantly scanning your surroundings, looking over your shoulder, and jumping at every sound.’
Spivak Law Firm provides strong, compassionate representation in PFA and criminal domestic-violence cases. For a free consultation, call us at (412) 344-4900 or toll free at (800) 545-9390.