Greensburg PFA Lawyer
PFA and Divorce in Pennsylvania
The Pennsylvania legislature is considering a controversial bill to restrict sexual abusers from seeking alimony or even equitable distribution under the divorce code.
Alimony refers to the receipt of payments from a former spouse after the divorce has been finalized. Equitable distribution refers to the formal process for dividing marital property.
Spivak Law Firm strongly objects to the bill, which does not make clear whether a criminal conviction is required for the exceptions to apply.
The bill’s definition of “abuse” references the Protection From Abuse (PFA) statute. As a result, individuals with a PFA Order entered against them would be barred from receiving alimony or equitable distribution, leading to further abuse of the PFA system.
Spivak Law Firm provides strong, compassionate, cost-effective representation in all family law matters, including: divorce, child custody, child support, spousal support, and PFA. Call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
PFA Orders and Police Officers
Pittsburgh police must keep statistics for officers involved in criminal domestic violence incidents and Protection From Abuse (Orders).
The mere accusation of abuse against a law-enforcement official can be devastating.
PFA Orders frequently restrict defendants from possessing firearms. Because police officers are required to possess a firearm as part of their job, a PFA may result in suspension or even termination.
Spivak Law Firm has successfully defended police officers at the federal, state, and local levels against accusations of abuse. For a free consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
PFA Orders Restrict All Contact
If you’re served with a Protection From Abuse (PFA) Order, take it seriously. A PFA can evict you from your home and restrict you from your child. If you’re even accused of violating the order, you may face criminal charges and spend a night or two in jail.
At Spivak Law Firm, we’ve helped hundreds of people facing allegations of domestic abuse. If you’re served with a PFA, we urge you to follow the order by having no contact with the person who obtained the PFA against you. Even friendly communication could lead to criminal charges.
Do not call, text, or email your accuser. Do not contact your accuser via social media. If you see your accuser in public while the PFA remains active, leave the area immediately. Direct family members and friends that they cannot intervene on your behalf to mediate the dispute. Otherwise, you may be arrested based on third-party contact.
Spivak Law Firm provides strong, aggressive representation at PFA hearings in Pittsburgh and all surrounding counties, including: Allegheny, Beaver, Butler, Fayette, Indiana, Washington, and Westmoreland. For a free consultation with an experienced PFA attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Disorderly Conduct Penalties In Pennsylvania
Disorderly conduct is generally charged as a summary offense, though it may be graded as a more serious third-degree misdemeanor under certain conditions in Pennsylvania.
Disorderly conduct is a third-degree misdemeanor when:
- The defendant intends to cause “substantial” harm;
- The defendant intends to cause “serious” inconvenience; or
- The defendant “persists” in disorderly conduct after reasonable warning to stop.
Penalties for a summary offense include a maximum of 90 days in jail, whereas penalties for a third-degree misdemeanor offense include a maximum of one year in jail.
Under Pennslylvania law, only summary offenses can be expunged after five years, though third-degree misdemeanors may be eligible for sealing after 10 years.
To speak with an experienced criminal defense and expungement attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Charged With Simple Assault?
Under Pennsylvania law, you may be criminally charged with simple assault not only for hitting somebody. You may also face simple assault charges merely for scaring them.
Simple assault is a second-degree misdemeanor punishable by up to two years in jail. It’s a charge commonly brought by police when there are allegations of domestic violence.
If you’re accused of getting into a bar fight, you’ll likely be charged with simple assault.
If you’re accused of hitting your spouse, you’ll likely be charged with simple assault.
The law additionally provides that a person is guilty of simple assault for attempting to put a person “in fear of imminent serious bodily injury.”
Thus, threatening a person with a weapon may result in simple assault charges even if there was no physical harm.
Spivak Law Firm provides strong, aggressive defense in all criminal matters. For a free consultation, call us at (412) 344-4900 or toll free at (800) 545-9390.
Happy St. Patrick’s Day From Spivak Law Firm
St. Patrick’s Day is a great time to enjoy family and friends. The parade in downtown Pittsburgh is one of the largest in the entire country. Bars on the Southside, Oakland, Lawrenceville and across the city offer drink deals to attract patrons out having fun.
Unfortunately, the night does not end well for everybody.
Each year, Spivak Law Firm helps people who face legal problems related to their behavior on St. Patrick’s Day.
We have successfully represented people facing criminal charges such as: public intoxication, disorderly conduct, public urination, underage drinking, simple assault, and drunk driving.
We have helped hundreds of people facing allegations of criminal domestic-violence and Protection From Abuse (PFA) orders.
At Spivak Law Firm, we handle all matters involving criminal defense and family law.
We wish everybody a happy, safe time on St. Patrick’s Day. But if you or a family member or friend needs legal help, we encourage you to call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
What Is Disorderly Conduct?
Under Pennsylvania law, disorderly conduct is a criminal charge defined broadly as causing a public inconvenience. Disorderly conduct may involve:
- People fighting or threatening one another (like in a bar fight);
- Being too noisy (like neighbors having a loud party); or
- Using obscene language or making an obscene gesture;
As you can see, disorderly conduct covers a wide range of activities. The law includes an additional provision stating that disorderly conduct may involve creating a hazardous condition “by any act which serves no legitimate purpose.”
Disorderly conduct is generally charged as a summary offense, though it may be graded as a more serious third-degree misdemeanor under certain conditions.
To speak with an experienced criminal defense attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Charged with REAP?
Pennsylvania defines the crime of recklessly endangering another person (REAP) as a person recklessly engaging in conduct, which places or may place another person in danger of death or serious bodily injury.
That’s right, you may be charged with REAP even if the alleged victim was not hurt. Common instances include:
- Driving under the influence of drugs or alcohol;
- Pointing a firearm at another person; and
- Failing to provide supervision for a child.
REAP is a second-degree misdemeanor, which carries up to two years in prison and a maximum $5,000 fine.
To speak with an experienced criminal defense attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Stalking and Social Media
Connecticut recently passed a bill that strengthens the state’s domestic-violence laws to protect victims from emotional abuse and online stalking.
The bill includes language to protect victims who suffer “emotional distress” as well as physical abuse.
Under previous law, victims had to prove they fear for their physical safety in order to be protected under anti-stalking statutes.
Importantly, this legislation is the first to include protection for victims against stalking through electronic or social media.
Connecticut joins 29 other states that have eliminated fear of physical safety as the sole requirement to meet the definition of stalking.
Spivak Law Firm handles all areas of family law with a focus on domestic violence and Protection From Abuse (PFA). Call us at (412) 344-4900 or toll free at (800) 545-9390.
Reporting Abuse
In Pennsylvania, medical practitioners are not required to report all disclosures of abuse or assault. But they must report child abuse and elder abuse.
The same can’t be said for some universities and colleges such as the University of Pittsburgh, which require faculty to report all incidences of assault.
This is due in part because students are protected under Title IX of the Education Amendments of 1972. Federally funded educational facilities must take action to prevent further incidents of sex discrimination against students (including sexual assault and harassment).
For a free consultation, call Spivak Law Firm to speak with our experienced PFA attorney at (412) 344-4900 or toll free at (800) 545-9390.