Bethel Park PFA Lawyer
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.
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.