Pgh PFA Attorneys
A child under 13-years-old who alleges physical or sexual abuse may not have to testify at a Protection From Abuse (PFA) hearing under Pennsylvania Law.
The Tender Years Hearsay Act allows a psychologist or caseworker from Children Youth and Families (CYF) to testify on the child’s behalf.
The purpose of the Act is to protect children from the added trauma of appearing in court to describe the details of the alleged assault.
New legislation may expand the Act to include children under 17-years-old.
The American Civil Liberties Union of Pennsylvania opposes the bill on grounds that it violates the defendant’s right to due process.
Courts heavily rely on other professionals to determine whether abuse on a child actually occurred.
There may be a forensic interview conducted by a child abuse specialist in the presence of a police detective and a CYF caseworker.
Spivak Law Firm handles all areas of family law and criminal defense with a special focus on PFA, domestic abuse and high-conflict child custody.
Call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
In many Pennsylvania counties, judges grant more than 90 percent of requests for a Temporary Protection From Abuse (PFA) order.
Judges tend to err on the side of caution, figuring that a person seeking protection must need it. After all, it would be tragic if the person seeking protection wound up injured or worse after a judge denied the PFA.
But judges should also consider how their decision to grant the PFA will affect the accused. Every day, PFA orders evict people from their homes, restrict parents from their children, and threaten people’s jobs and reputations.
At Spivak Law Firm, we are dismayed by some of the PFAs granted by judges based on weak allegations.
For instance, in one recent case, the person seeking protection admitted in her petition that she had not seen or communicated with the accused for a year.
In another recent case, the person awarded protection told the judge that the defendant only communicated with her subliminally.
We were successful in getting both cases dismissed. But the PFAs never should have been granted because the plaintiffs were not in reasonable fear of imminent bodily injury.
They caused unnecessary emotional and financial stress in people who did nothing to warrant a PFA.
At Spivak Law Firm, we provide strong representation at PFA hearings. If you’ve been falsely accused of abuse, call (412) 344-4900 or toll free at (800) 545-9390.
Although courts across Pennsylvania have largely closed due to the coronavirus crisis, Protection From Abuse cases are still occurring due to the emergency nature of a PFA.
Spivak Law Firm is continuing to accept PFA clients and provide strong representation at PFA hearings.
A PFA is a restraining order that prevents all contact when there are allegations of:
- Physical violence
- Sexual violence
- Threats of violence
A PFA is a powerful tool that can instantly evict you from your home, restrict you from your children, result in termination from your employment and even land you in jail.
Spivak Law Firm provides strong, compassionate representation in all PFA matters. For a free phone consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.