Beaver County PFA Lawyer
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.
China Mulls PFA Law Similar to Pennsylvania
China appears close to passing a law empowering courts to issue restraining orders for victims of domestic violence, child abuse, and elder abuse.
Chinese culture has traditionally regarded family abuse as a private, not a criminal, matter, according to a recent article in The New York Times. Currently, someone who goes to the police seeking help against a violent family member will generally be advised to return home and “work it out,” the article states.
The Chinese bill is comparable to Pennsylvania’s Protection From Abuse (PFA) law, which nearly 40 years ago enabled courts to issue emergency no-contact orders at a time when filing criminal charges was the only legal recourse for victims of family abuse.
To speak with an experienced Pittsburgh PFA lawyer, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Pittsburgh Dad Loses Child Custody Due to PFA
Rick (not his real name) never spent a single night away from his 4-year-old daughter until his wife got a temporary Protection From Abuse (PFA) order against him. The PFA evicted Rick from his home and restricted him from having any contact with his child until the PFA hearing some two weeks away.
Rick’s wife got the PFA on grounds that he threatened her during an argument and hit her once several years ago. Rick says these things never happened.
Rick’s wife did not include their child as a protected party on the PFA. Rick is not accused of ever harming or threatening to harm his little girl. Still, the court took Rick’s daughter away by denying him any custodial or visitation rights until the hearing.
Rick figures that his wife filed the PFA to gain leverage in their imminent divorce and child custody battle. Emotionally devastated, Rick continues to wait for his day in court.
Spivak Law Firm provides strong representation in all family law matters. For a free consultation, call (412) 344-4900 or toll free at (800) 545-9390.
Types of Domestic Violence
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.