Bogus PFA
Spivak Law Firm Seeks PFA Reforms
Attorney Todd Spivak recently participated on a panel at Duquesne University School of Law to advocate reforming Pennsylvania’s Protection From Abuse (PFA) laws.
A PFA, also commonly known as a restraining order, is a powerful tool that can evict you from your home, restrict you from your children, and prohibit you from possessing firearms.
Attorney Spivak has long advocated for reforming the PFA law to curb false claims of abuse. Proposals for reform include as follows:
- Courts should make it easier to allow defendants to recover attorney fees when a PFA is withdrawn or dismissed.
- District attorneys should criminally prosecute serial filers of bogus PFAs.
- Temporary PFAs should be removed from the public database when a PFA is later withdrawn or dismissed.
Other panelists included Allegheny Court of Common Pleas Judge Kim D. Eaton and Attorney Tom Putinsky, winner of the Edgar G. O’Connor Fellows Award for outstanding public service.
Spivak Law Firm provides strong representation at PFA hearings for plaintiffs and defendants. To speak with an experienced PFA attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
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.