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Child Custody and Abuse Allegations
Allegations of sexual or physical abuse of a child may complicate a child custody case.
Courts take child abuse allegations very seriously, often prompting Child, Youth, and Family (CYF) Services investigations and forensic evaluations by medical professionals and law enforcement.
The alleged perpetrator, victim, and relevant third parties are all interviewed.
If the allegations are determined to be “unfounded,” evaluators and caseworkers make recommendations that often include family counseling.
It could take months for CYF to make final determinations, and a court will likely restrict your custody rights during that time.
Spivak Law Firm provides strong, effective advocacy for people facing child abuse allegations.
To speak with an attorney experienced in family law and criminal defense, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Three Types of PFA Orders
There are three types of PFA orders in Pennsylvania.
PFA stands for Protection From Abuse.
A PFA is a restraining order that prohibits the alleged abuser from having any contact with the alleged victim.
Under Pennsylvania law, abuse is defined broadly. It includes physical violence, sexual violence, threats of violence, harassment, and stalking.
A person seeking protection from a family member or current or former sexual partner may obtain one of the following three types of PFA orders.
First, an Emergency PFA will last through a weekend or holiday when courts are generally closed. It expires automatically.
Second, a Temporary PFA triggers a hearing date that is supposed to occur within ten days. In Allegheny County and other counties surrounding Pittsburgh, courts grant more than 90 percent of requests for a Temporary PFA.
Third, a Final PFA may be obtained by consent, failing to appear, or after a hearing before a judge. A Final PFA may remain in place for up to three years.
Spivak Law Firm provides strong, compassionate, cost-effective representation at PFA hearings. For a free consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
What is an Emergency PFA?
A person seeking protection from an abuser may obtain an Emergency PFA even when courts are generally closed.
In Allegheny County, local magistrates and a night court judge are available to grant Emergency PFAs at any time, including: on weekends, during holidays, and late at night.
An Emergency PFA expires when courts resume their regular business hours. Therefore, an Emergency PFA granted on Saturday night will generally expire the following Monday.
A person who obtains an Emergency PFA will often return to Court during regular business hours to request a Temporary PFA, which will trigger a hearing date so a judge may determine whether a Final PFA is warranted.
A Final PFA can last up to three years.
The person accused of abuse does not receive any notice or opportunity to defend against the Emergency PFA or Temporary PFA.
Defendants are given the opportunity to challenge the abuse accusations at the Final PFA hearing before a judge.
Spivak Law Firm provides strong, aggressive representation at PFA hearings. To speak with an experienced PFA attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Crime Victims’ Rights in Pennsylvania
Under Pennsylvania law, crime victims have the right to:
- Be notified of significant actions and proceedings pertaining to their case
- Have a victim advocate providing support at proceedings
- Submit a victim impact statement prior to the sentencing of a defendant
- Receive restitution and the return of seized property
Enacted in 1998, the Pennsylvania Crime Victims Act includes a section titled the Crime Victims Bill of Rights.
Today, Pennsylvania lawmakers are considering whether to enshrine the rights of crime victims in the state’s constitution under Marsy’s Law.
Based in Pittsburgh, Spivak Law Firm handles all family law and criminal defense matters.
To schedule a consultation, call us at (412) 344-4900 or toll free at (800) 545-9390.
Temporary PFA v. Final PFA
If you are served with a Temporary PFA, a hearing will be scheduled within 10 days.
At the hearing, a judge will hear testimony and review evidence to determine if a Final PFA is warranted.
Most requests for a Temporary PFA are granted. No judge wants to deny a person’s request for protection then find out later that the person seeking help was seriously harmed.
The chances of obtaining a Final PFA are significantly lower, especially if you have an experienced PFA defense attorney.
The Final PFA represents the first time in the process that the defendant can push back on the abuse allegations.
The defendant can testify, cross-examine the accuser, call witnesses to the stand, and provide documentary evidence for the court to review.
Spivak Law Firm provides strong representation at PFA hearings in Pittsburgh and all surrounding counties, including: Allegheny, Armstrong, Crawford, Beaver, Buter, Fayette, Greene, Indiana, Lawrence, Mercer, Somerset. Venango, Washington and Westmoreland.
For a free consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Final PFA: A Life-Long Record of Abuse
Many people who are served with a Temporary Protection From Abuse (PFA) Order make the mistake of not taking it seriously.
They might not hire an attorney. This is mistake because the alleged victim will almost certainly have an experienced trial lawyer. Pittsburgh and all surrounding counties have local nonprofit organizations that provide free lawyers for people alleging abuse.
Some defendants do not even show up to court for the Final PFA hearing. This is a mistake because failing to appear for the hearing will usually result in a maximum three-year Final PFA against you.
All defendants should have an experienced PFA attorney evaluate their case even if they no longer want to have contact with the person alleging abuse.
A Final PFA creates a permanent record of abusive behavior.
If you’ve been served with a PFA, call Spivak Law Firm today. For a free consultation, call us at (412) 344-4900 or toll free at (800) 545-9390.
PFA Hearing: Do I Need A Lawyer?
Q: I’ve been served with a PFA. Do I need an attorney?
A: Yes.
In Pittsburgh and surrounding counties, a free attorney is provided to anyone alleging abuse in PFA Court.
Therefore, if you are a PFA defendant, you should level the playing field by hiring an attorney to represent you.
Otherwise, you will be negotiating with and potentially facing off in court against a seasoned PFA lawyer.
A Final PFA carries significant consequences.
You may be evicted from your home and restricted from your children. You may lose your job. You could even lose your liberty and go to jail if accused of violating the PFA.
Spivak Law Firm provides strong, aggressive defense at Final PFA hearings. If necessary, we subpoena documents and witnesses. We are experienced trial lawyers.
We offer a free consultation for PFA matters and generally charge a flat fee so our clients know upfront exactly how much our representation will cost.
For more information, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Tracking PFA Defendants
Under Pennsylvania law, a Protection From Abuse (PFA) order carries serious consequences.
It may evict you from your home, restrict you from your children, and even lead to your arrest.
New legislation may further strengthen the law by requiring PFA defendants to wear an electronic monitoring device.
Dozens of other states allow GPS monitoring for domestic-violence suspects.
In Pennsylvania, such devices are commonly used for criminal defendants.
PFAs are administered by family courts, though violating a PFA order may lead to criminal charges including Indirect Criminal Contempt, which carries a maximum six-month jail sentence.
The legislation regarding electronic monitoring comes on the heels of the 2018 law requiring a person under an active PFA order to turn over their firearms to local law enforcement within 24 hours.
Spivak Law Firm provides strong, compassionate, cost-effective representation at PFA hearings. For a free consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
CYF and Parental Rights
Children have the right to visit with both of their parents in a case involving Children Youth and Families (CYF).
If a parent is not currently involved, the agency will try to offer the parent services and visitation to begin to form a relationship between them and the child.
The exception to these efforts would be if there was a documented account of the parent hurting the child or other children.
In a case like that, the agency would investigate what happened and see if it is reasonable to provide services while still assuring your child’s safety.
Spivak Law Firm handles all family law matters, including: child custody, child support, divorce, Protection From Abuse (PFA) and CYF. To schedule an appointment, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Plea Deals in Criminal Cases
People facing criminal charges accept a plea agreement more than ninety percent of the time.
In exchange for a guilty plea, some of the charges may be dropped or reduced. In some cases, the deal may include a recommendation for probation rather than incarceration.
Domestic violence cases usually involve charges of assault, harassment, terroristic threats, reckless endangerment, strangulation and stalking.
Typical plea deals involving such charges may include: reducing misdemeanor charges to a summary conviction if the defendant:
- Undergoes a substance-abuse evaluation
- Undergoes a mental-health evaluation
- Completes anger management or batterers-intervention classes
- Avoids abusive contact with the victim for a period of time
- Avoids negative police contact for a period of time
Spivak Law Firm handles all areas of criminal defense with a special focus on domestic-violence defense. We successfully resolve many cases through plea deals at preliminary hearings and pretrial conferences.
For more information, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.