Mt. Lebanon PFA Lawyer
Domestic Violence: Control and Fear
Domestic violence often follows a pattern in which an abuser seeks to control every aspect of a victim’s life. Experts often refer to domestic violence as “intimate terrorism.”
“The perpetrator is engaging in a general pattern of control over the victim – her finances, her social contacts, the clothes she wears,” Deborah Epstein, who runs Georgetown University Law Center’s domestic violence clinic, recently told The New York Times.
Violence is the abuser’s means of enforcing that control – and of punishing any attempts to break it.
Spivak Law Firm handles all areas of family law and criminal defense with a focus on domestic violence and child custody. Call us at (412) 344-4900 or toll free at (800) 545-9390.
PFA and Law Enforcement
If you’re a law-enforcement official, a Final Protection From Abuse (PFA) Order against you could mean the end of your career.
Under Pennsylvania law, a PFA prohibits the defendant from possessing a firearm. For law enforcement officials, the inability to possess a firearm may lead to their termination.
At Spivak Law Firm, we understand the serious consequences of a Final PFA. We have represented law enforcement officials at every level of government: federal Department of Homeland Security, state troopers, county sheriffs, and local police officers.
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.
If you’ve been served with a PFA, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
No Guns For PFA Defendants
Should Pennsylvania adopt stricter gun laws in an attempt to reduce domestic violence?
Many states have recently done so. For instance, Maine last year passed a law prohibiting people convicted of domestic violence crimes from owning guns for five years after completing their court-ordered sentences.
In Pennsylvania, people with active Protection From Abuse (PFA) Orders against them are prohibited from possessing firearms. PFA defendants must either relinquish weapons to their local sheriff’s office or give them to a friend or family member for safekeeping.
Some activist groups want to further restrict PFA defendants by eliminating the state’s third-party safekeeping provision.
Spivak Law Firm handles all matters 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.
What Can I Ask For In A PFA?
In a Protection From Abuse (PFA) petition, you can ask the judge to:
- Order the abuser to stop threatening, abusing, harassing or stalking you and your children
- Have the abuser evicted from your joint home or excluded from your residence
- Keep your new address or location confidential
- Grant you temporary custody of your children
- Grant you temporary child or spousal support as well as other reimbursements of out-of-pocket expenses that were caused by the abuser
- Order the abuser not to have contact with you or your children, or family members
- Restrict the abuser from contacting you at school or work
- Order the abuser to turn over firearms to the sheriff
- Order any other appropriate relief, for instance, requesting the return of your pet, car keys, important papers, etc.
To speak with an experienced PFA attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
How To Get A PFA Restraining Order
The process for securing a Protection From Abuse (PFA) Order in most Pennsylvania counties starts by filing a paper called a petition at your local county courthouse. In the petition, you tell the court why you feel you need protection. The petition describes the abuse you have suffered and the protection you want from the court. The courthouse has people who must help you fill out the petition.
After you complete your PFA petition, the court will read it and may ask you questions. The alleged abuser is not present during this proceeding.
The judge will likely grant you a Temporary PFA and set a final hearing date within 10 business days. The defendant will get a copy of your petition. At the Final PFA hearing, you may be required to testify about the things you wrote in your petition. A Final PFA Order can last up to three years.
Spivak Law Firm provides strong, aggressive representation for plaintiffs and defendants at PFA hearings in Pittsburgh and all nearby counties, including: Allegheny County, Beaver County, Butler County, Fayette County, Indiana County, Washington County, and Westmoreland County.
To speak with an experienced PFA lawyer, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
What To Write On Your PFA Petition
Applying for a Protection From Abuse (PFA) Order can be a confusing and even scary process. The PFA Act says that you must prove to the court that you have been abused, as described in the categories below. Abuse can take many forms, including economic, emotional, and psychological, and you can write about those, too.
Note: The defendant will receive a copy of the petition. It will also be available as a public record at your county courthouse.
In your PFA petition, you can describe any of the following, if they happened to you:
- “Acts that cause bodily injury or serious bodily injury and/or sexual offenses.” These include hitting, punching, slapping, pushing, strangling, chocking, forcing sex or attempting to do any of these things.
- “Putting another person in reasonable fear of imminent serious bodily injury.” This refers to making threats to harm or kill you, your family, your children, or your pets.
- “False imprisonment.” This includes restraining your movement or holding you down.
- “Physical or sexual abuse of minor children.” This includes corporal punishment or spanking that leaves marks or requires medical attention.
- “A course of conduct or repeatedly committing acts toward another that put the person in reasonable fear of bodily injury.” This includes sending threatening emails, following you, repeatedly calling you on the phone, and showing up at your residence, workplace, or school.
Spivak Law Firm provides strong, compassionate representation for plaintiffs and defendants at PFA hearings in Pittsburgh and all nearby counties, including: 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.
Where Do I Go To Get A PFA?
A 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.
Despite PFA, Pittsburgh Wife Brutally Murdered
A Protection From Abuse (PFA) Order is a powerful tool that restricts an abuser from having any contact with his or her victim under threat of arrest.
But, tragically, a PFA in some cases is still just a piece of paper.
On New Year’s Day, a man from Duquesne was charged with homicide and arson for setting a fire that killed his wife. According to news reports, the man tied her up, poured vodka on her, and lit the alcohol.
Two weeks earlier, she had obtained a Temporary PFA against him. But the PFA did not save her life.
Spivak Law Firm provides strong, aggressive representation for plaintiffs and defendants at PFA hearings in Allegheny County, Beaver County, Butler County, Clarion County, Fayette County, Indiana County, Washington County, and Westmoreland County.
To speak 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.