Spivak Law Firm

Based in Pittsburgh, PA

412-344-4900

Spivak Law Firm is BBB Accredited

Monroeville PFA Lawyer

Where Do I Go To Get A PFA?

Family Pic8A person seeking the protection of a PFA restraining order can file in one of the following places:

–The county where the plaintiff resides;

–The county where the plaintiff works;

–The county where the defendant may be served; or

–The county where the abuse occurred

If you are going to ask the Judge to remove the abuser from the home you share, you must file the petition in the county where the home is located.

Spivak Law Firm provides strong, aggressive representation for plaintiffs and defendants at PFA hearings in Allegheny County, Beaver County, Butler County, Fayette County, Indiana County, Washington County, and Westmoreland County.

To speak with an experienced PFA attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Ask For A PFA And You’ll Likely Get One

702075.TIFIf you ask for a Protection From Abuse (PFA) Order, chances are you will get one. In Pittsburgh and all surrounding counties, judges grant more than 90 percent of all Emergency and Temporary PFA Orders.

Why?

Because no judge wants to flip on the news the next day to find out that the person who was denied a restraining order was killed.

If you are the victim of abuse seeking strong, compassionate representation by an experienced PFA attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Don’t Let A PFA Stop You From Being A Parent

dandelion wishing blowing seedsUnder Pennsylvania law, you can file for custody even if there is a Protection From Abuse (PFA) restraining order against you. If the PFA does not allege abuse against a child, you may even be entitled to primary or shared custody.

If the PFA does include allegations of abuse against a child, you still may get time with your child depending on the circumstances. In such cases, there may be a period of time where your custody visits are supervised. But supervised custody tends to be temporary, so hang in there and you’ll eventually see your custody time increase.

Spivak Law Firm provides strong, compassionate, cost-effective representation in all PFA and child custody matters. We represent clients in Pittsburgh and all nearby counties including: Allegheny County, Beaver County, Butler County, Washington County, and Westmoreland County. Call us at (412) 344-4900 or toll free at (800) 545-9390.

In Her Own Words: PFA Contained Plea For Help

116926544On December 30, 2014, Pittsburgh resident James Karr tied up his estranged wife Maureen, doused her with vodka, and set her ablaze. “He was threatening to set the house on fire,” Maureen Karr wrote just two weeks earlier in a Temporary  Protection From Abuse (PFA) petition filed in Allegheny County.

Charged with homicide and arson, James Karr currently sits in Allegheny County Jail awaiting his preliminary hearing set for January 9th.

Below is a transcript of the Temporary PFA petition that Maureen Karr wrote out herself with a pen just two weeks before she burned to death:

Approximate Date and Time: 12-12-14 @ 7:00 a.m.

Place: 132 Friendship St., Duquesne, PA 15110

James [Karr] threw bottles out onto the street causing glass to go on sidewalk & street. He was threatening to set the house on fire. After I fleed [sic] the house to a neighbors. We witnessed him going outside & stabbing my tires flattening all 4. James then pulled car window down & threw sewing machine & ceiling fan on the street. He called police stating I threw the bottles. While talking with 911 police came & handcuffed James & took him from the premises as he was still outside. He was later 302’d to the hospital. Have received numerous harassing & name calling phone calls[….]

Describe Any Prior Incidents Of AbuseJames becomes irrate [sic] & flips out breaking items in the home. About 3 years ago had a PFA against him because he pulled me down the steps causing me to fall down last two steps injuring my ribs & hip.

Spivak Law Firm provides strong, aggressive representation for plaintiffs and defendants in all domestic violence matters, including PFA, child custody, criminal, and CYF. Call us at (412) 344-4900 or toll free at (800) 545-9390.

Pittsburgh Lawyer Gets PFA Against Businessman

SO000183Domestic 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.

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.

9 Sweeping Powers of a PFA Order

BU010665A Protection From Abuse (PFA) Order is a very powerful tool. Under Pennsylvania law, a Court may grant any appropriate relief needed to bring about a cessation of abuse. The most typical provisions of a PFA are as follows:

(1)  direct the abuser not to abuse the victim or the victim’s minor children;

(2)  exclude the abuser from the victim’s residence where the abuser and the victim own or rent the residence together or where the victim owns or rents alone;

(3)  exclude the abuser from the victim’s residence where the abuser owns or rents alone, so long as the abuser and victim are married or have a child together;

(4)  award temporary custody of the minor children to the victim;

(5)  direct the abuser to pay spousal and/or child support to the victim;

(6)  direct the abuser to have no contact with the victim or the victim’s minor children, nor to go to where the victim or the children work or go to school, and not to harass the victim or the victim’s minor children or relatives;

(7)  direct the abuser to relinquish to the sheriff any of the defendant’s firearms;

(8)  direct the abuser to pay for reasonable losses suffered by the victim because of the abuse;

(9)  direct the abuser not to stalk the victim.

Spivak Law Firm provides strong, aggressive representation for plaintiffs and defendants in PFA matters. To speak with an experienced PFA lawyer, call us at (412) 344-4900 or toll free at (800) 545-9390.

Fight Back Against Allegations of Abuse

86505321Unfortunately, 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.

PFA Law Increasing Protections For Minors

77005984Pennsylvania appears poised to expand its Protection From Abuse (PFA) law to include protections for minors who are victims of stalking and harassment.

Under current law, stalking and harassment victims who are minors cannot obtain a PFA unless their assailant is a current or former household member, family member, or former intimate partner. But what if the stalker does not fit into any of these categories?

A proposed amendment to the Protection of Victims of Sexual Violence or Intimidation Act would close this loophole. If signed into law by Gov. Corbett, the new protections will go into effect July 2015.

To speak with an experienced Pennsylvania PFA attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.