Pgh PFA Lawyer
Are PFA Hearings Fair?
If you’re a victim of domestic abuse, you can get a Temporary Protection From Abuse (PFA) Order against your abuser simply by telling your situation to a judge at an ex parte hearing. The alleged abuser receives no notice and may not attend the hearing.
Is this fair?
For true victims of domestic abuse, an ex parte hearing is often necessary to escape a violent relationship. But it is commonly known among family law professionals that many people abuse the PFA system just to gain leverage in child custody and divorce.
To speak with an experienced PFA attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
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- Courts should make it easier to allow defendants to recover attorney fees when a PFA is withdrawn or dismissed.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- Temporary PFAs should be removed from the public database when a PFA is later withdrawn or dismissed.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.
Domestic Violence on Thanksgiving
Police frequently receive an increase in domestic violence calls and family feuds on Thanksgiving.
Holidays can be stressful. Family tension mixed with alcohol can lead to dangerous situations.
Domestic-violence experts recommend identifying easy exits and establishing code words with children who can run to neighbors for help if problems escalate.
If things get out of hand verbally or physically, don’t hesitate to leave the family gathering earlier than planned.
Spivak Law Firm provides aggressive representation for plaintiffs and defendants at PFA hearings and all criminal domestic-violence cases. Call us at (412) 344-4900 or toll free at (800) 545-9390.
“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.
“It’s All About Power And Control”
The following is the first 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.
“In early 1979, my estranged husband climbed a trellis, peered into my windows and saw me watching TV with a male co-worker. He tore out of the parking lot in his Jeep, sped the few blocks to his home and grabbed his gun. He raced back to my apartment – where our children were sleeping – smashed a window, bounded up a flight of stairs and pointed a gun in my face.
Then he wheeled around, strode a few steps and shot my co-worker dead.
My ex got his jollies by belittling others: me, my kids, his mother, anyone he saw as weaker.
When I could no longer tolerate what his harassment was doing to me and my children, I prepared to leave. I did it the right way: I told him why, told him when, told him where, gave him access to his kids.
He stalked me. They didn’t use that term in 1979, but that’s what it was. Wherever I went, he’d pop up. He’d call me a dozen times a night. When he brought the kids home, he thought that entitled him to enter the apartment where the boys and I lived. When I objected, he shoved me down a flight of stairs.
Almost 35 years later, I’m still delivering the message that possession isn’t romantic, despite what we may see in movies. It isn’t pretty, and it certainly isn’t love. It’s all about power and control.”
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.
Comic Bill Burr Riffs On Domestic Violence
Domestic violence is no laughing matter – except in the hands of comedian Bill Burr, who will be performing two sets in Pittsburgh this week at Heinz Hall.
Here’s an excerpt from the funnyman’s 2012 special You People Are All The Same:
“Obviously I’m not saying to hit a woman, you know. But saying there’s no reason, I think that’s crazy.
When you say there’s no reason, that kills any sort of examination as to how two people ended up at that place. You say there’s no reason, you cut out the build-up; you’re just left with the act. How are you gonna solve it if you don’t figure it out?
Look how awkward it is in here right now. I said you shouldn’t hit a woman. I’m just saying, how come you can’t ask questions? You can only ask questions about what the guy did. You can never about the woman. Why is that?
Look, I understand hitting a woman’s a bad thing, okay. How come you can’t ask questions? I just don’t understand.
Like, if I got bit by a rattlesnake, wouldn’t you guys have some questions? Right, how did it happen? Did you not see it? Were you [messing] with it? How did a snake get so mad it almost killed you?
Firemen put out a fire, they don’t just drive away afterward. They sift through the debris. How did it start? Here’s an oily rag! Right?
Look I realize I’m coming off pretty ignorant right about now. I realize that. Let me extend an olive branch then, okay?
I realize that there are some animal guys out there. Horrible guys, you know, have a rough day at the factory, come home – ‘tuna casserole?’ – and just start swinging, all right? I’m not trying to say that those people don’t exist. I realize that they exist. They should be buried underneath the prison. Okay?
So if I can admit that, ladies, can you at least admit that every ass-kicking doesn’t just fall out of the freakin’ sky? Really?
Even hockey has two minutes for instigating!”
Spivak Law Firm handles all family law and criminal defense matters with a focus on domestic-violence issues. For a free consultation, call Spivak Law Firm 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.
Strong Defense at PFA Hearings
Attending a Protection From Abuse (PFA) hearing without an experienced attorney often proves disastrous for defendants. A PFA is a powerful tool that can evict you from your home, restrict your child-custody rights, and lead to your arrest based on a mere allegation of violating it.
In Pittsburgh and most surrounding counties, “victims” of domestic violence and child abuse get a “free” lawyer to help them obtain PFA orders.
But PFA defendants do not get a free lawyer. Many PFA defendants wrongly believe that they are entitled to a public defender. But a PFA is not a criminal matter, so public defenders generally cannot get involved.
A Final PFA Order will stay on your record for the rest of your life. It is a public record that may cause embarrassment, tarnish your reputation, and hurt your job opportunities.
Spivak Law Firm aims to provide the strongest possible defense 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 defense attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Are You A Victim Of Stalking?
Stalking frequently occurs when someone tries to leave an abusive relationship. Statistics show that 60 percent of female stalking victims are stalked by their intimate partner.
If you are a victim of stalking, you may file a police report and/or obtain a Protection From Abuse (PFA) Order. It may also be helpful to have an attorney send the stalker a defiant trespass letter telling them that:
–You do not want contact with them
–You do not want them near your home, work, or school
Such a letter from an attorney is most effective if you can prove that the stalker received it and the police get a copy. If the stalking continues, you may then have a strong criminal case against your abuser for stalking, harassment, and defiant trespass.
Spivak Law Firm provides strong, aggressive representation for plaintiffs and defendants in all domestic violence matters, including: PFA hearings, criminal hearings, child custody hearings, and CYF hearings.
For a free consultation, call (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.