PFA Lawyer
Spivak Law Firm Seeks PFA Reforms
Attorney Todd Spivak recently participated on a panel at Duquesne University School of Law to advocate reforming Pennsylvania’s Protection From Abuse (PFA) laws.
A PFA, also commonly known as a restraining order, is a powerful tool that can evict you from your home, restrict you from your children, and prohibit you from possessing firearms.
Attorney Spivak has long advocated for reforming the PFA law to curb false claims of abuse. Proposals for reform include as follows:
- Courts should make it easier to allow defendants to recover attorney fees when a PFA is withdrawn or dismissed.
- District attorneys should criminally prosecute serial filers of bogus PFAs.
- Temporary PFAs should be removed from the public database when a PFA is later withdrawn or dismissed.
Other panelists included Allegheny Court of Common Pleas Judge Kim D. Eaton and Attorney Tom Putinsky, winner of the Edgar G. O’Connor Fellows Award for outstanding public service.
Spivak Law Firm provides strong representation at PFA hearings for plaintiffs and defendants. To speak with an experienced PFA attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
PFA Hearings and Constitutional Rights
A bogus PFA wreaks havoc on a person’s life: it evicts you from your home, restricts you from seeing your kids, and subjects you to possible arrest for the mere accusation of violating the no-contact order.
In Pennsylvania, a Final PFA Hearing generally occurs within 10 days after issuance of the Temporary PFA Order.
A Final PFA Hearing must occur shortly after the Temporary PFA Order gets issued because ex parte orders are limited by the Constitution. The due process clause of the Fifth and Fourteenth Amendments provide that a person shall not be deprived of liberty or property without adequate notice and an opportunity to be heard.
Spivak Law Firm provides strong, aggressive representation at PFA hearings in Pittsburgh and all surrounding counties: Allegheny County, Beaver County, Butler County, Washington County, and Westmoreland County. For a free consultation, call us at (412) 344-4900 or toll free at (800) 545-9390.
“I Still Shiver From The Fear”
The following is the second 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.
“The terror is constant. It takes a toll, physically and mentally.
If I think about it, and I try not to, I still shiver from the fear.
Night after night, unable to sleep, convinced that every passing car, every tree branch blowing in the wind is him.
For a victim of domestic violence, peace is elusive, sleep unknown.
I recall rushing home from work and taking a shower because somehow being naked and alone in the bathroom felt less vulnerable in daylight.
The victim longs to feel normal, but normal is no longer part of her existence.
If she’s a mother, she strives to create a semblance of normalcy for her kids. She helps with homework, but can’t concentrate. She attends their activities, but often misses the action.
Instead of watching her son running up and down the basketball court, she’s scanning the stands, terrified she will see that face, the one that haunts her.
As one woman described it, ‘You become like a guerilla warrior – constantly scanning your surroundings, looking over your shoulder, and jumping at every sound.’
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.
PFA Hearings And Child Custody
If you’ve been served with a Temporary Protection From Abuse (PFA) Order, it is likely that you’ve been evicted from your home and restricted from having any contact with your children. This can be devastating for a parent.
Under Pennsylvania law, the alleged “abuser” gets no opportunity to contest the accusations until the PFA Hearing some 10 days later. If you are a parent served with a PFA, we strong advise that you hire an attorney with experience in both criminal defense and child custody matters.
“Victims” of abuse get free attorneys to represent them at PFA Hearings in Pittsburgh and all surrounding counties — Allegheny County, Beaver County, Butler County, Washington County, and Westmoreland County.
If you go to PFA Court without an attorney – or with an attorney who does not routinely handle child custody matters – you risk losing custody of your kids for an even longer period of time.
It is commonly known that many “victims” of abuse exploit the PFA system in an attempt to gain leverage in a child-custody battle. Do not let this happen to you.
Spivak Law Firm provides strong, aggressive representation in all PFA and child custody matters. Call us at (412) 344-4900 or toll free at (800) 545-9390.
PFA: A Sword Or A Shield?
A Protection From Abuse (PFA) Order should be used as a shield not a sword.
It is commonly known that many people who seek the protections of a PFA are abusing the court system itself by seeking to gain leverage in child custody and divorce.
They may lie about abuse or greatly exaggerate the level of conflict.
After all, filing a PFA immediately evicts the “abuser” from the home. So if you want your spouse out of the house, a PFA is the fastest, cheapest, and easiest way to do it.
And if you want primary custody of your children, a PFA is the fastest, cheapest, and easiest way to get it.
But judges in Allegheny County and throughout Western Pennsylvania have zero tolerance for people who obtain PFA Orders to gain such advantages.
A PFA is meant to serve as a shield offering protections for people who have been physically or sexually abused.
A PFA should not be used as a sword to inflict pain or otherwise gain advantages in family court.
Based in Pittsburgh, Spivak Law Firm provides aggressive representation in PFA hearings. Call us at (412) 344-4900 or toll free at (800) 545-9390.
Will Police Enforce A Child Custody Order?
If your ex violates a child custody order, the police generally will not get involved. Instead, you can file a motion for contempt requesting a hearing, have a mini-trial on whether the other parent really was in contempt, and then, if you win, receive make-up time with your child and maybe some money for your attorney’s fees.
In other words, the relief is limited and may take a long time to achieve.
But that changes if the child custody arrangement is part of a Protection From Abuse (PFA) Order. In such cases, the defendant may be arrested for simply not showing up at a scheduled custody exchange.
Spivak Law Firm provides strong, aggressive representation for plaintiffs and defendants in all PFA and child custody matters.
If you are a PFA defendant, we help assert your child custody rights while also working to ensure that you’re not arrested for violating the restraining order.
If you are a PFA plaintiff, we can help to maximize your child custody time while also working to ensure that you and your child receive the protection you require.
Call Spivak Law Firm today for a free consultation at (412) 344-4900 or toll free at (800) 545-9390.
10 Tips for PFA Defendants to Avoid Arrest
Violating a PFA can result in criminal charges with a maximum punishment of six months in jail. Here are 10 tips for helping PFA defendants avoid criminal penalties:
- Do not drive past the plaintiff’s residence.
- Avoid all places where you know the plaintiff goes.
- Leave a restaurant, grocery, or any other place if you realize the plaintiff is there.
- Hang up the phone immediately if the plaintiff calls you.
- Do not send emails, texts, letters, faxes, or gifts to the plaintiff.
- Do not respond to emails, texts, letters, faxes, or gifts from the plaintiff.
- Avoid contact with the plaintiff’s family, friends, and neighbors.
- Do not get into arguments or confrontations with the plaintiff’s family or friends – walk away!
- If the plaintiff comes to your house, do not let the plaintiff inside – don’t open the door!
- Retain an experienced PFA defense attorney.
To speak with an experienced PFA defense attorney, call Spivak Law Firm at (412) 344-4900 or (800) 545-9390.
Why You Need an Experienced PFA Lawyer
In Pennsylvania, any person who files a PFA restraining order gets a free attorney. But people who are served with a PFA do not. We strongly advise that you hire our experienced PFA attorney to strongly defend you and help level the playing field. In most cases, we get the PFA dropped.
Many people who are served with a PFA make the mistake of not taking it seriously. They may not show up for their hearing. Or they may choose to represent themselves at the PFA hearing. But a PFA has severe consequences that can haunt you for years like a criminal record. If you’ve been served with a PFA, you need to take it seriously.
If you fail to appear at your PFA hearing, a judge may hit you with a no-contact order lasting three years, the maximum penalty allowed under Pennsylvania law. You can be jailed for six months for violating any provision of a PFA order – even if your accuser is lying.
If you choose to represent yourself, you run the risk of being manipulated by your accuser’s attorney. Do not make the mistake of thinking that your accuser’s lawyer is looking out for your best interests. Only your own lawyer will do that.
Many cases of alleged harassment, stalking, and abuse simply do not rise to the level of a PFA. We know Pennsylvania PFA law and can defend you from false allegations and exaggerations. If you’ve been served with a PFA, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
PFA Defense: We Aim To Get the PFA Dropped
At Spivak Law Firm, we strongly defend people who are served with PFA restraining orders. We represent people who are accused of harassment, stalking, verbal threats, and physical abuse. In most cases, we get the PFA dropped.
Sometimes people ask us why we strongly defend people accused of abuse.
First, we know that many of our clients are falsely accused. People frequently misuse the PFA system to gain leverage in a divorce or child custody matter. We take great pride in protecting our clients’ reputations and legal rights against false accusations.
Second, in some cases, our clients may have engaged in inappropriate behavior that they regret. They did not physically hurt or beat anybody. But they got angry and made threats. Or they kept texting when their partner told them to stop.
These people may have crossed some line, as many people do at times. But their actions did not rise to the level of a PFA. We help these people get the PFA dropped so they can move on with their lives.
Third, in rare cases, our clients may be guilty of serious domestic violence. Such behavior is reprehensible, of course. But we believe that every person accused of legal wrongdoing is entitled to a strong defense.
In these cases, a PFA may be granted. But we are still able to help our clients by protecting their legal rights and mitigating the duration of the PFA.
If you’ve been served with a PFA, we will strongly defend you. Call us at (412) 344-4900 or toll free at (800) 545-9390.