PFA Lawyer Westmoreland County
PFA Law Gives 5 Definitions Of “Abuse”
Pennsylvania’s Protection From Abuse (PFA) Law lists five definitions of “abuse”:
The first definition of “abuse” involves physical or sexual violence. The law states: “Attempting to cause or intentionally, knowingly or recklessly causing bodily injury, serious bodily injury, rape, involuntary deviate sexual intercourse, sexual assault, statutory sexual assault, aggravated indecent assault, indecent assault or incest with or without a deadly weapon.” These are the types of conduct people most commonly associate with domestic violence.
Many people are surprised to learn that the second definition of “abuse” involves mere threats. The law states: “Placing another in reasonable fear of imminent serious bodily injury.” Thus, an angry email or text threatening harm or death may be sufficient to grant a PFA order.
The third definition of “abuse” refers to false imprisonment. The law states: “A person commits an offense if he knowingly restrains another unlawfully so as to interfere substantially with his liberty.” Thus, for example, blocking someone from leaving a residence could result in a PFA against you.
The fourth definition of “abuse” specifically involves children. The law states: “Physically or sexually abusing minor children.” The PFA law then refers to statutes involving Child Protective Services.
The fifth definition of “abuse” refers to stalking. The law states: “Knowingly engaging in a course of conduct or repeatedly committing acts toward another person, including following the person, without proper authority, under circumstances which place the person in reasonable fear of bodily injury.”
As you can see, Pennsylvania’s PFA law is very broad. Judges have wide discretion in determining whether a PFA is warranted.
To speak with an experienced PFA attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
5 Common PFA Misconceptions
Many people have misconceptions about Protection From Abuse (PFA) orders. As a result, they might accept a PFA instead of fighting it. Or they might violate the PFA unknowingly, resulting in criminal charges. Protect yourself by reading Spivak Law Firm’s five most common PFA misconceptions:
Misconception #1: “It doesn’t matter if I get a PFA because I don’t want to see the plaintiff anyway.
Even if you don’t want to have contact with the plaintiff, we strongly advise you to contest the PFA. A PFA stays on the civil docket and can haunt you for years, especially if you seek a job that requires a background check. Protect your future by hiring an experienced PFA attorney to try to get the PFA vacated, withdrawn, or dismissed.
Misconception #2: “The PFA means we can’t contact each other.”
In fact, the PFA means the defendant cannot contact the plaintiff. But the plaintiff can contact the defendant because the PFA restricts the defendant only. If the plaintiff contacts you while the PFA remains in place, do not respond. The plaintiff could be setting a trap to get you arrested. The plaintiff may always seek to withdraw the PFA.
Misconception #3: “I won’t get in trouble for having somebody else tell the plaintiff to drop the PFA.”
A PFA is a no-contact order. No contact includes physical contact as well as phone calls, texts, emails, faxes, and regular mail. It also includes third-party contact. Instructing another person to give any message whatsoever to the plaintiff is a violation of the PFA that could result in criminal charges.
Misconception #4: “A PFA can’t be used to take my kids away.”
Plaintiffs sometimes misuse PFAs to gain leverage in child custody and divorce cases. Plaintiffs may temporarily receive sole custody of a child until the final PFA hearing, causing defendants to go weeks or even months without seeing their kids. Custody provisions are often included in final PFAs that stay in place indefinitely.
Misconception #5: The plaintiff can’t afford a lawyer so I don’t need to get a lawyer either.
In many Pennsylvania counties, including Allegheny and Westmoreland Counties, plaintiffs may receive a free lawyer regardless of income. In these counties, free lawyers are offered to all plaintiffs, not just low-income plaintiffs. Spivak Law Firm strongly advises defendants to hire an experienced PFA attorney to level the playing field.
To speak with an experienced PFA defense attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.