Allegheny County PFA Lawyer
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.
Comic Bill Burr Riffs On Domestic Violence
Domestic violence is no laughing matter – except in the hands of comedian Bill Burr, who will be performing two sets in Pittsburgh this week at Heinz Hall.
Here’s an excerpt from the funnyman’s 2012 special You People Are All The Same:
“Obviously I’m not saying to hit a woman, you know. But saying there’s no reason, I think that’s crazy.
When you say there’s no reason, that kills any sort of examination as to how two people ended up at that place. You say there’s no reason, you cut out the build-up; you’re just left with the act. How are you gonna solve it if you don’t figure it out?
Look how awkward it is in here right now. I said you shouldn’t hit a woman. I’m just saying, how come you can’t ask questions? You can only ask questions about what the guy did. You can never about the woman. Why is that?
Look, I understand hitting a woman’s a bad thing, okay. How come you can’t ask questions? I just don’t understand.
Like, if I got bit by a rattlesnake, wouldn’t you guys have some questions? Right, how did it happen? Did you not see it? Were you [messing] with it? How did a snake get so mad it almost killed you?
Firemen put out a fire, they don’t just drive away afterward. They sift through the debris. How did it start? Here’s an oily rag! Right?
Look I realize I’m coming off pretty ignorant right about now. I realize that. Let me extend an olive branch then, okay?
I realize that there are some animal guys out there. Horrible guys, you know, have a rough day at the factory, come home – ‘tuna casserole?’ – and just start swinging, all right? I’m not trying to say that those people don’t exist. I realize that they exist. They should be buried underneath the prison. Okay?
So if I can admit that, ladies, can you at least admit that every ass-kicking doesn’t just fall out of the freakin’ sky? Really?
Even hockey has two minutes for instigating!”
Spivak Law Firm handles all family law and criminal defense matters with a focus on domestic-violence issues. For a free consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
In A PFA, What Is Third-Party Contact?
Victims of domestic violence, harassment, and stalking are often instructed to obtain a Protection From Abuse (PFA) Order that restricts contact between the parties. A PFA is also known as a restraining order or no-contact order.
In Allegheny County, a PFA Order typically states that the alleged abuser shall not contact the victim, including through third persons. What does that mean exactly?
Third-party contact refers to having a friend or family member contact the victim about the PFA. For instance, if you are a defendant in a PFA matter, you cannot have a mutual friend pressure the victim into withdrawing the PFA.
Indeed, you cannot communicate any message to the plaintiff whatsoever. Even a non-threatening message such as “I miss you” could get you arrested for violating the no-contact order.
Spivak Law Firm provides aggressive representation for defendants and victims at PFA hearings. To schedule a free consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Strong Defense at PFA Hearings
Attending a Protection From Abuse (PFA) hearing without an experienced attorney often proves disastrous for defendants. A PFA is a powerful tool that can evict you from your home, restrict your child-custody rights, and lead to your arrest based on a mere allegation of violating it.
In Pittsburgh and most surrounding counties, “victims” of domestic violence and child abuse get a “free” lawyer to help them obtain PFA orders.
But PFA defendants do not get a free lawyer. Many PFA defendants wrongly believe that they are entitled to a public defender. But a PFA is not a criminal matter, so public defenders generally cannot get involved.
A Final PFA Order will stay on your record for the rest of your life. It is a public record that may cause embarrassment, tarnish your reputation, and hurt your job opportunities.
Spivak Law Firm aims to provide the strongest possible defense at PFA hearings in Allegheny County, Beaver County, Butler County, Fayette County, Indiana County, Washington County, and Westmoreland County.
To speak with an experienced PFA defense attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
PFA Hearings Present Many Challenges
Under Pennsylvania law, a person served with a Protection From Abuse (PFA) order is entitled to a hearing within 10 days. The PFA hearing represents the defendant’s first and most important opportunity to refute the allegations, which may be false or greatly exaggerated.
In some ways, the expedited PFA hearing is beneficial, as the defendant may have been temporarily evicted from the residence and forbidden by court order to have any contact with his or her children. In such circumstances, the relatively short wait for a PFA hearing is positive.
However, in other ways, the expedited hearing often presents serious challenges for the defendant.
The PFA defendant must quickly (1) come up with money to retain an experienced attorney, (2) work with the attorney to build the strongest possible defense, (3) collect documentary evidence such as emails, texts, phone logs, and social media postings, and (4) possibly subpoena witnesses to testify at the hearing.
At Spivak Law Firm, we are committed to building the strongest defense as quickly as possible for PFA defendants who are accused of abuse. Though it sometimes makes sense to continue the hearing date to allow for more time to prepare, we generally do not recommend it.
So long as the Temporary PFA remains in place, you are at risk of being jailed for allegedly violating it. After all, someone who lies to get a PFA against you may also lie to get you arrested.
For a free consultation with an experienced PFA attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.