PFA Defense Lawyer
“The Terror Is Constant”
The following is the third of three excerpts from a recent column by Nancy Eshelman of the Patriot-News in Central Pennsylvania. Ms. Eshelman’s husband was convicted of voluntary manslaughter in a domestic violence related incident.
“For a domestic violence victim, the feeling of vulnerability increases after she makes the break. She knows he is angry and she waits for him to show it.
Walking to the mail box, taking out the trash, working in the yard become terrifying. The prospect of unloading groceries from her trunk causes her to sweat.
She drives everywhere with one eye in the rear view mirror and her car doors locked. She never exits the car without her house keys in her hand.
She burns too many lights. She looks out the windows. She wonders if she frantically dials 911 how long a response would take. She asks herself repeatedly which direction she would run if she saw him approaching.
The terror is constant. It takes a toll, physically and mentally.
And for too many women, the threat becomes all too real.”
Spivak Law Firm provides strong, compassionate representation in PFA and criminal domestic-violence cases. For a free consultation, call us at (412) 344-4900 or toll free at (800) 545-9390.
Violating A PFA Order Brings Criminal Charges
Police may arrest a defendant without a warrant for violating a Protection From Abuse (PFA) Order based on probable cause even if the police did not witness the violation.
Probable cause may consist of verifying a valid PFA Order and the credible statement of the victim.
A Defendant who is arrested for violating a PFA Order will be arraigned on the charge of Indirect Criminal Contempt (ICC) by the magisterial district judge who has jurisdiction.
The burden of proof required in an ICC hearing is “proof beyond a reasonable doubt.” Punishment for violating a PFA Order is a maximum of six months in jail and a $1,000 fine.
To speak with an experienced PFA defense attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
On Talk Show, Spivak Law Firm Discusses PFA Law
Spivak Law Firm appeared this week on one of Toronto’s largest radio stations to discuss the stigma of domestic violence and how it affects people who are falsely accused of abuse.
Here’s a summary of our interview with Jim Richards on CFRB Newstalk 1010, which was prompted by news that the long-time puppeteer and voice of Elmo on Sesame Street was falsely accused of having sex with a minor:
“We get calls all day long from people who say they were falsely accused of abuse,” said Todd Spivak, attorney and owner of Spivak Law Firm, “whether it’s harassment, stalking, physical violence, or sexual abuse.
“In Pennsylvania, there are restraining orders known as PFAs, and they’re very easy to get. Judges in Allegheny County sign off on about 97 percent of all initial PFA petitions. And then the majority of these claims are either withdrawn or dismissed.
“In Pennsylvania, the PFA remains a public record. It can preclude you from certain job opportunities and promotions, hurt your credit rating, as well as destroy your relationships with your neighbors, your family, and your friends.”
“Domestic violence is real. But people who are pulled into this system unfairly, unnecessarily, they have to go on and live with this stigma for the rest of their lives.”
At Spivak Law Firm, we strongly defend people against accusations of abuse. If you’ve been served with a PFA or face criminal domestic violence charges, call us at (412) 344-4900 or toll free at (800) 545-9390.