Bogus PFA Pittsburgh
Want a PFA? Just Ask.
In Allegheny County, judges approve nearly all requests for Temporary Protection From Abuse (PFA) Orders.
Indeed, more than 90 percent of requests for a Temporary PFA are granted in all counties surrounding Pittsburgh, including: Allegheny, Beaver, Butler, Washington, and Westmoreland.
But recent reports show that a whopping 44 percent of PFA petitions were denied by judges in York County, located in South Central Pennsylvania. Public meetings have been scheduled in York County to address the disparities.
Spivak Law Firm provides strong, aggressive representation for plaintiffs and defendants at PFA hearings. For a free consultation, call (412) 344-4900 or toll free at (800) 545-9390.
Despite PFA, Man Guns Down Ex-Girlfriend
A Protection From Abuse (PFA) Order is a powerful tool that aims to restrict a perpetrator of domestic violence from having any contact with his victim.
But sometimes a PFA is just a piece of paper.
Earlier this year, 46-year-old business owner Stacey Pennington of central Pennsylvania was shot and killed by her former boyfriend Patrick Derr. She had an active PFA that prohibited him from possessing a firearm.
Four different women got PFAs against Mr. Derr in the last 20 years. Accusations included rape and multiple incidents of choking and strangling.
But none prevented the murder-suicide that occurred this past Labor Day in Mt. Gretna, a small town of just 1,500 people located 40 miles east of Harrisburg.
“She was the sweetest woman in the whole wide world,” said one woman at Ms. Pennington’s memorial.
Spivak Law Firm provides strong, compassionate representation for plaintiffs and defendants in PFA hearings. For a free consultation, call us at (412) 344-4900 or toll free at (800) 545-9390.
PFA Orders Trump Right to Own Guns
In Pennsylvania, Protection From Abuse (PFA) Orders obliterate a person’s constitutional right to possess firearms. A person served with a PFA is immediately ordered to:
–Relinquish to the sheriff any of the defendant’s firearms;
–Relinquish to the sheriff any other weapons or ammunition of the defendant that were used or threatened to have been used in an incident of abuse against the victim or the victim’s children;
–Relinquish any firearm license that the defendant may have;
–Not acquire or possess any other firearm for the duration of the PFA;
When relinquishment is ordered, the defendant must surrender any firearm, weapon, ammunition, or license ordered within 24 hours after service of the temporary PFA order or 24 hours after entry of the final PFA order.
The defendant has the option to relinquish for safekeeping to a third party, who has signed an Affidavit of accountability with the sheriff’s office.
Served with a PFA? We strongly defend your rights and reputation. Call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
5 Common PFA Misconceptions
Many people have misconceptions about Protection From Abuse (PFA) orders. As a result, they might accept a PFA instead of fighting it. Or they might violate the PFA unknowingly, resulting in criminal charges. Protect yourself by reading Spivak Law Firm’s five most common PFA misconceptions:
Misconception #1: “It doesn’t matter if I get a PFA because I don’t want to see the plaintiff anyway.
Even if you don’t want to have contact with the plaintiff, we strongly advise you to contest the PFA. A PFA stays on the civil docket and can haunt you for years, especially if you seek a job that requires a background check. Protect your future by hiring an experienced PFA attorney to try to get the PFA vacated, withdrawn, or dismissed.
Misconception #2: “The PFA means we can’t contact each other.”
In fact, the PFA means the defendant cannot contact the plaintiff. But the plaintiff can contact the defendant because the PFA restricts the defendant only. If the plaintiff contacts you while the PFA remains in place, do not respond. The plaintiff could be setting a trap to get you arrested. The plaintiff may always seek to withdraw the PFA.
Misconception #3: “I won’t get in trouble for having somebody else tell the plaintiff to drop the PFA.”
A PFA is a no-contact order. No contact includes physical contact as well as phone calls, texts, emails, faxes, and regular mail. It also includes third-party contact. Instructing another person to give any message whatsoever to the plaintiff is a violation of the PFA that could result in criminal charges.
Misconception #4: “A PFA can’t be used to take my kids away.”
Plaintiffs sometimes misuse PFAs to gain leverage in child custody and divorce cases. Plaintiffs may temporarily receive sole custody of a child until the final PFA hearing, causing defendants to go weeks or even months without seeing their kids. Custody provisions are often included in final PFAs that stay in place indefinitely.
Misconception #5: The plaintiff can’t afford a lawyer so I don’t need to get a lawyer either.
In many Pennsylvania counties, including Allegheny and Westmoreland Counties, plaintiffs may receive a free lawyer regardless of income. In these counties, free lawyers are offered to all plaintiffs, not just low-income plaintiffs. Spivak Law Firm strongly advises defendants to hire an experienced PFA attorney to level the playing field.
To speak with an experienced PFA defense attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Post-Gazette Features Spivak Law Firm
The Pittsburgh Post-Gazette has featured Spivak Law Firm’s article on ways to fix Pennsylvania’s Protection From Abuse (PFA) law to limit false claims of abuse.
Although a PFA aims to protect victims of domestic abuse, the law itself is frequently abused by plaintiffs who file bogus PFAs to get defendants evicted from a shared residence or to gain leverage in a divorce or child custody matter.
In our article, Spivak Law Firm proposes five common-sense solutions for curbing abuses. Our recommendations include criminally prosecuting filers of bogus PFA petitions and removing PFA records from the public database if the order is withdrawn or dismissed.
Spivak Law Firm, which focuses on family law and criminal defense, was featured in The Pittsburgh Post-Gazette last September in an article about child custody rights in Pennsylvania. The local newspaper also spotlighted Spivak Law Firm in its South Notables section and includes us in its business directory.
To speak with an experienced family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Elmo Puppeteer Falsely Accused of Abuse?
At Spivak Law Firm, our phone rings every day from people who say they’ve been falsely accused of abuse. We aggressively defend these people against bogus PFAs and false complaints of harassment, stalking, assault, and other forms of domestic violence.
Their stories don’t make headlines. But every once in a while a story like theirs will make the news, shining a light on how these people’s lives are ruined by lies.
This week, the gossip website TMZ published a claim that Kevin Clash, the voice and puppeteer of Elmo on “Sesame Street,” had sex with a minor. The very next day, his accuser recanted.
But the stigma remains. Elmo’s puppeteer endured a months-long investigation by his employer before the false allegations went viral online.
Like so many of our clients, Clash has endured the hell of being defamed publicly. In Pennsylvania, all PFAs are public records easily viewable for free by employers, family, friends, neighbors, and anyone else who wants to dig into their backgrounds.
And like so many of our clients, he must try to put these false accusations of abuse behind him and get on with his life.
If you’ve been served with a PFA or accused of abuse, call Spivak Law Firm at (412) 344-4900 or (800) 545-9390.