Pgh PFA
Getting Ann’s PFA Dismissed
For the first time, Ann went several days without seeing her child. The reason? Ann’s husband filed a Protection From Abuse (PFA) restraining order against her. The PFA booted Ann from her home and granted temporary custody of their child to her husband.
Ann’s husband said she hit him after discovering that he was having an affair. He claimed to be afraid of her.
In domestic violence cases, women typically seek protection from their boyfriends or husbands. But Spivak Law Firm has also successfully defended many women accused of abuse by their male partners.
At Ann’s PFA hearing in downtown Pittsburgh, her husband didn’t back down. He wanted to permanently evict Ann from their home and to get primary custody of their son. Both parties testified before a judge.
We aimed to show that Ann’s husband was abusing the PFA system to gain leverage in their imminent divorce and custody disputes. We argued that Ann’s actions did not rise to the level of a PFA because it was a single incident and there were no injuries.
The hearing lasted more than two hours. In the end, the judge dismissed the PFA.
“Thank you so much for everything,” Ann wrote us later that evening. “I couldn’t have done this without you. I am home with my son, I couldn’t be happier.”
Spivak Law Firm provides strong defense at PFA hearings throughout the Pittsburgh area in Allegheny County, Westmoreland County, Washington County, Beaver County, and Butler County. To speak with an experienced PFA defense attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Practical Advice for PFA Defendants
A PFA is a court order that restricts the defendant from having any contact with the plaintiff. But the plaintiff can contact the defendant without violating the PFA. The Sheriff’s Department of Clarion County distributes a helpful flyer instructing defendants on what to do if they encounter their accusers, which we have reprinted here:
–If you see the plaintiff walking toward you on the street, cross the street, and go in a different direction.
–If you are eating dinner in a restaurant when the plaintiff walks in, you need to avoid any contact with him/her. Get up, pay the bill, and leave, if possible, without making the plaintiff aware of your presence or talking to him/her.
–If you are in a movie theater waiting to see a movie and the plaintiff walks in, get up and leave the theater.
–If the plaintiff calls and says to come over for dinner or to “work things out,” do not go. You should have hung up before all that information was given to you. Do not violate the PFA order by talking to the plaintiff, even when she/he called you.
–If the plaintiff calls you and you can repeat what she/he said, you have violated the PFA order. You should have hung up as soon as you recognized the person’s voice.
–If you receive an email from the plaintiff and respond to it, you have violated the PFA order. You should not send or respond to faxes or emails from the plaintiff.
–If you are told that the PFA order has been changed or vacated and you can have contact with the plaintiff, first check with the court that issued the order. Unless and until court personnel confirm that the order has been changed or vacated or you see a court paper confirming that information, do not have any contact with the plaintiff.
Spivak Law Firm provides strong, aggressive defense at PFA hearings in counties across Southwestern Pennsylvania, including: Allegheny County, Beaver County, Butler County, Washington County, and Westmoreland County. To make an appointment with an experienced PFA attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Domestic Violence Can Happen to Anyone
Restraining orders and domestic violence can happen to anyone – even the very rich and famous.
Oscar-winning actress Halle Berry will appear in court this week in a domestic violence case that has received international attention.
This past Thanksgiving, Berry’s fiancé got into a brutal fight with Berry’s ex-boyfriend that left both men with serious injuries. Each man filed a restraining order against the other.
The incident occurred in Berry’s driveway while her 4-year-old daughter was inside the house.
In Pennsylvania, a restraining order is known as a PFA, or Protection From Abuse order, which restricts contact between the parties and can be used to gain leverage in child custody matters.
In Berry’s case, the restraining orders could affect her child custody case. Last month, a judge denied Berry’s request to move with her fiancé to France because her ex-boyfriend shares custody of the child.
In Pennsylvania, a person cannot relocate with a child unless every person with custody rights to the child consents or the court approves the relocation.
Berry, like many of our clients throughout Southwestern Pennsylvania, will spend much of this holiday season in court battling over child custody, restraining orders, and criminal charges arising out of the domestic violence incident from Thanksgiving.
Spivak Law Firm handles all domestic violence matters, including PFA restraining orders, criminal charges, and child custody matters. To schedule an appointment, call us 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.
Client Relieved as Spivak Law Firm Gets PFA Dismissed
Dave, my client, can’t sit still. About a week ago, he was served with a PFA restraining order from his wife for stalking. Now he’s pacing the third-floor hallway of the family court building in downtown Pittsburgh nervously awaiting his PFA hearing.
I met Dave a few days earlier at my law offices to discuss his case. Dave and his wife were separated for several months. They have a young son together. They both also have children from prior relationships.
She claims he was stalking her by showing up unexpectedly at places like the grocery store, the gas station, Kennywood and Sandcastle. Dave denies following her, and says it was coincidental — after all, they live in the same neighborhood.
Dave was anxious about the PFA. He knew his wife was using it to gain custody rights over their child. The PFA system — though vitally important for helping victims of domestic abuse — is routinely abused by people aiming to get leverage in a child custody case or to evict an ex from a shared residence.
He also worried that she would one day lie about him violating the PFA to get him arrested. Violating any provision of a PFA can land you in jail for 6 months. In domestic violence cases, police routinely make arrests based solely on the complainant’s statement.
I asked Dave to stay in the waiting room with the other PFA defendants while I met with his wife’s attorney. Most PFA cases get resolved by the attorneys without ever having to appear before a judge. But the wife’s attorney insisted on a three-year PFA against my client – the maximum allowed under Pennsylvania law.
I told the attorney that no judge would grant a three-year PFA against my client. But the opposing counsel would not budge. So I said we needed to go before a judge.
At the PFA hearing, I argued that the wife did not allege any physical abuse or threatening behavior. I further explained that the wife does not fear my client, and provided the judge with recent hotel receipts, phone records, and witness statements proving their ongoing relationship.
The judge dismissed the PFA order. My client let out a big sigh of relief and threw his arm around me.
At Spivak Law Firm, aim to provide the strongest possible defense for people accused of stalking, harassment, verbal threats, and physical abuse. In most cases, we get the PFA dismissed. If you’ve been served with a PFA, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.