Allegheny County PFA Lawyer
Violating A PFA Order Brings Criminal Charges
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.
Fight Back Against Allegations of Abuse
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
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
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.
PFA Law Increasing Protections For Minors
Pennsylvania appears poised to expand its Protection From Abuse (PFA) law to include protections for minors who are victims of stalking and harassment.
Under current law, stalking and harassment victims who are minors cannot obtain a PFA unless their assailant is a current or former household member, family member, or former intimate partner. But what if the stalker does not fit into any of these categories?
A proposed amendment to the Protection of Victims of Sexual Violence or Intimidation Act would close this loophole. If signed into law by Gov. Corbett, the new protections will go into effect July 2015.
To speak with an experienced Pennsylvania PFA attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
PFA Law Adding Protections for Abuse Victims
Pennsylvania will likely expand its Protection From Abuse (PFA) law to offer more protections for rape victims. A PFA, also known as a restraining order or protection order, is a powerful tool that restricts a perpetrator from having any contact with the victim.
Under the current PFA law, victims of abuse can get a PFA against (1) their spouse, (2) their live-in boyfriend or girlfriend, (3) a parent of their child, (4) their child, (5) their former sexual or intimate partner, (6) their parent, or (7) any family member related to them by blood or marriage.
But the PFA law does not currently protect survivors who were sexually assaulted by strangers or acquaintances. This loophole in the law will be closed if Pennsylvania Governor Tom Corbett signs the Protection of Victims of Sexual Violence or Intimidation Act.
Spivak Law Firm provides strong, aggressive representation for plaintiffs and defendants in PFA cases. To speak with an experienced Pittsburgh PFA lawyer, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
No Guns For Domestic Violence Offenders
The United States Supreme Court recently ruled that federal law prohibits anyone convicted of a felony or misdemeanor domestic violence charge from possessing a gun. The ruling specifically states that the federal law applies even in cases where there is no proof of violent acts or physical injury.
In Pennsylvania, criminal domestic violence charges generally include but are not limited to simple assault, aggravated assault, harassment, stalking, child abuse, and reckless endangerment of another person.
The federal law prohibiting gun possession does not encompass Protection From Abuse (PFA) orders. A PFA is a civil matter and only becomes criminal if the person restricted by the PFA is accused of violating the order.
To speak with an experienced Pittsburgh PFA and criminal domestic violence defense attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Celebrities and Restraining Orders
Musician Jack White has become the latest in a long list of celebrities to receive a restraining order.
White is engaged in an ongoing child custody battle with his ex-wife who has accused him of sending her harassing emails and texts. Best known as the singer and guitarist for the Grammy Award-winning band The White Stripes, White is barred from having any contact with his children until his hearing date, which remains several weeks away.
In Pennsylvania, restraining orders are known as Protection From Abuse (PFA) orders. The PFA law permits alleged victims of domestic violence to obtain a court order secretly without giving any notice to the defendant, who may be evicted from the home and restricted from seeing his or her children until the PFA hearing usually scheduled within ten days.
In recent years, restraining orders have been granted against musicians Chris Brown, M.I.A., and Courtney Love, as well as actors Mel Gibson, Terrence Howard, and Randy Quaid. Numerous athletes have also received restraining orders, particularly NFL players such as Terrell Suggs of the Baltimore Ravens, Randy Moss of the New England Patriots, Shannon Sharpe of the Denver Broncos, Titus Young of the Detroit Lions, and Mike Logan of the Pittsburgh Steelers.
In California, actors and actres
ses commonly use restraining orders to protect themselves against stalkers. Such actors have included: Halle Berry, Sandra Bullock, Justin Timberlake, Ryan Seacrest, Tyra Banks, Audrina Partridge, Alyson Hannigan, Jeff Goldblum, and Eva Mendes.
In Pennsylvania, by contrast, a person cannot receive a PFA order against a stranger. Rather, the PFA law states that any person can get a PFA against a spouse, a live-in boyfriend or girlfriend, a parent, a child, the parent of his or her child, a former sexual or intimate partner, or any family member related by blood or marriage.
Spivak Law Firm provides strong defense at PFA hearings throughout the Greater Pittsburgh Area, including Allegheny County, Beaver County, Butler County, Westmoreland County, and Washington County. To speak with an experienced PFA attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Accused of Abuse?
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.
Why You Need an Experienced PFA Lawyer
In Pennsylvania, any person who files a PFA restraining order gets a free attorney. But people who are served with a PFA do not. We strongly advise that you hire our experienced PFA attorney to strongly defend you and help level the playing field. In most cases, we get the PFA dropped.
Many people who are served with a PFA make the mistake of not taking it seriously. They may not show up for their hearing. Or they may choose to represent themselves at the PFA hearing. But a PFA has severe consequences that can haunt you for years like a criminal record. If you’ve been served with a PFA, you need to take it seriously.
If you fail to appear at your PFA hearing, a judge may hit you with a no-contact order lasting three years, the maximum penalty allowed under Pennsylvania law. You can be jailed for six months for violating any provision of a PFA order – even if your accuser is lying.
If you choose to represent yourself, you run the risk of being manipulated by your accuser’s attorney. Do not make the mistake of thinking that your accuser’s lawyer is looking out for your best interests. Only your own lawyer will do that.
Many cases of alleged harassment, stalking, and abuse simply do not rise to the level of a PFA. We know Pennsylvania PFA law and can defend you from false allegations and exaggerations. If you’ve been served with a PFA, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.