Fayette County PFA Lawyer
Spivak Law Firm Featured In PFA News
Attorney Todd Spivak, owner of Spivak Law firm, was featured in a recent article discussing unintended consequences of a new provision in Pennsylvania’s Protection From Abuse (PFA) law, which makes it easier for domestic-violence victims to receive a police escort to retrieve personal belongings.
In most cases, PFA defendants are the ones who need to pick up belongings because the PFA order evicted them from the home. In such cases, Attorney Spivak advises PFA defendants to pay a constable to coordinate the exchange and keep the peace. Moreover, having a law-enforcement official present protects defendants from allegations that they violated the PFA.
Attorney Spivak described the new police-escort law as good common sense, though he predicted a potential drain on police resources in some areas given the sheer number of PFA orders that are processed. About 40,000 PFA orders are processed annually across the state.
Spivak Law Firm provides strong, cost-effective representation at PFA hearings. Based in Pittsburgh, we routinely handle cases in the following counties: Allegheny, Beaver, Butler, Crawford, Fayette, Indiana, Mercer, Washington, and Westmoreland.
For a free consultation with an experienced PFA defense attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
What If A Person Lies To Get A PFA?
At Spivak Law Firm, we provide strong, aggressive defense at Protection From Abuse (PFA) hearings in Pittsburgh and all surrounding counties, including: Allegheny, Beaver, Butler, Fayette, Indiana, Mercer, Washington, and Westmoreland.
Our clients often ask us if the alleged victim will face any consequences for lying or exaggerating to the court in order to obtain the Temporary PFA order.
Unfortunately, in our experience, the answer is: no.
People falsely accused of abuse may file a complaint with the police, but the district attorney’s office is unlikely to prosecute for fear of having a chilling effect on other people seeking protection.
Even in extreme circumstances, district attorney’s offices rarely prosecute plaintiffs who have filed repeated PFA petitions in multiple counties with outrageous, unsubstantiated accusations that are later dismissed.
It is commonly known that some people abuse the PFA system in order to gain leverage in a divorce or child custody action.
At Spivak Law Firm, we handle all family law and criminal defense matters, including: PFA defense, criminal domestic violence defense, divorce, child custody, child support, and criminal record expungements.
To schedule a free consultation with an experienced PFA defense attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Served with a PFA On Thanksgiving?
Thanksgiving is a time to relax and feast with family and friends, but everyone has a relative with whom they don’t quite get along. Spending extended periods of time together could lead to conflict.
If you’re served with a Protection From Abuse (PFA) Order during the holidays, call Spivak Law Firm to speak with an experienced PFA attorney. A PFA is a powerful tool that can evict you from your home, restrict you from your kids, threaten your job, take away your guns, and lead to your arrest.
Many attorneys are not accessible during the holidays, but Spivak Law Firm always remains available by telephone even on Thanksgiving Day. If you’ve been served with a PFA, we understand that you are likely under significant stress. We are here to help.
Spivak Law Firm provides strong, aggressive defense at PFA hearings in Pittsburgh and all surrounding counties, including: Allegheny County, Beaver County, Butler County, Fayette County, Greene County, Indiana County, Washington County, and Westmoreland County.
For a free consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
No Guns for PFA Defendants
Under federal law, people convicted of domestic-violence misdemeanors such as simple assault are banned from owning firearms.
The gun ban also extends to people who are subject to Protection From Abuse (PFA) restraining orders.
Guns are the most common method for killing intimate partners.
Laws restricting firearm access for people subject to restraining orders are associated with a 19 percent reduction in rates of intimate homicide, according to researchers at the Johns Hopkins Bloomberg School of Public Health.
Spivak Law Firm handles all areas of family law and criminal defense with a focus on domestic violence. Call us at (412) 344-4900 or toll free at (800) 545-9390.
Pittsburgh Lawyer Gets PFA Against Businessman
Domestic violence knows no boundaries. It happens to young and old, rich and poor, black and white. It affects high-school dropouts and highly educated professionals.
Every day in Allegheny County, dozens of people arrive in family court for a Protection From Abuse (PFA) hearing. Last month, a well-respected Pittsburgh attorney sought protection against a successful entrepreneur.
Allegheny County Assistant District Attorney Lisa Pellegrini obtained a Temporary PFA against her former boyfriend, local restaurateur Ray Burg, for allegedly slamming her head against a car dashboard. Criminal charges are pending against Burg, owner of Burg’s In The Burgh, located on Forbes Avenue in downtown Pittsburgh.
Spivak Law Firm provides strong, aggressive representation for plaintiffs and defendants in PFA hearings. To speak with an experienced PFA lawyer, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
PFAs Granted For Roommates, Lovers, Relatives
You can only get a Protection From Abuse (PFA) order against someone you’re related to, right?
Wrong!
Pennsylvania law states that a PFA can be granted against “family or household members, sexual or intimate partners, or persons who share biological parenthood.”
Thus, you can get a PFA against your roommate, your boyfriend/girlfriend, your brother/sister, your parent, your child, or your spouse.
In some states, like California, a person can get a restraining order against a stranger. For instance, movie stars sometimes resort to such orders to prevent stalking by fans. Pennsylvania law does not go that far.
Spivak Law Firm provides strong, aggressive advocacy for plaintiffs and defendants in PFA cases in Pittsburgh and all nearby counties, including: Allegheny County, Washington County, Beaver County, Butler County, Westmoreland County, Indiana County, Clarion County, and Fayette County. To speak with an experienced PFA attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
When Filing a PFA Petition May Be Improper
You may not file a Protection From Abuse (PFA) petition:
–Against someone who is merely your neighbor or an acquaintance;
–To stop mental abuse, emotional abuse, or property destruction;
–To obtain a custody order or to resolve a custody dispute.
A PFA Order is a powerful tool for restricting an abuser from contacting his or her victim, but it is not appropriate in every circumstance.
To schedule a free consultation with an experienced PFA lawyer, call Spivak Law Firm 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.
Fight Back Against Allegations of Abuse
Unfortunately, it is not uncommon for people to exaggerate, fabricate or outright lie to receive a Protection From Abuse (PFA) order. As a result, many innocent people are unfairly swept into the court system. Spivak Law Firm strongly defends such people and has an excellent record of success in getting bogus PFA orders dismissed.
But what if you did it? In other words, should a person who has perpetrated abuse under Pennsylvania law simply accept a three-year Final PFA? Or is it still worthwhile to retain an experienced PFA attorney and fight back against the charges?
At Spivak Law Firm, we recommend fighting back.
In cases where the evidence is stacked against our clients, we are still able to help them by protecting their child custody rights, safeguarding their property, limiting the duration of a PFA order, and advising them on moving forward with their lives. In many cases, we are successful in avoiding a Final PFA even where abuse occurred.
At Spivak Law Firm, we do not judge our clients. We advocate strongly for them. We understand that we all have done things for which we are not proud. We treat our clients with dignity and respect by making ourselves accessible and by striving to build the strongest possible defense in every case.
Served with a PFA? Call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Getting A Continuance In A PFA Case
In most cases, Judges will allow at least one continuance in a Protection From Abuse (PFA) matter.
PFA hearings are generally scheduled within 10 days. The defendant in a PFA case should have no problem getting a continuance if he or she has not been timely served or needs additional time to retain an attorney.
Parties may be surprised when a Court won’t grant a continuance of a PFA hearing. Continuances are generally only granted for good cause. The plaintiff may not be entitled to a continued hearing date if the defendant is present and wants to go forward.
To speak with an experienced Pittsburgh PFA lawyer, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.