Pittsburgh PFA Lawyer
Child Custody and the Holidays
The holiday season is a fun but stressful time for families, especially if the parents have recently separated or divorced.
Straying from tradition during the holidays is difficult, but consider developing new traditions that accommodate your respective holiday schedules.
For instance, if you have the children on Christmas Eve, and your ex has them on Christmas Day, consider exchanging gifts that night. If your ex gets the kids for Thanksgiving this year, consider having your turkey dinner on a different day.
After all, the most important thing about the holidays is spending quality time with family.
Spivak Law Firm handles all family law matters, including divorce, child custody, child support, and Protection from Abuse (PFA). To speak with an experienced family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Avoid PFA Violations
If a Protection From Abuse (PFA) Order has been filed against you, you must follow it. Never contact or attempt to pass messages to the plaintiff, even if the contact is non-threatening.
A mere accusation that you violated an active PFA will lead to your arrest. You may then be criminally charged and face a potential six-month jail sentence for Indirect Criminal Contempt.
If you already have criminal charges relating to the same incident that gave rise to the PFA, then the alleged PFA violation could demonstrate to a judge that you intend to continue harassing and abusing the plaintiff.
Spivak Law Firm provides strong, aggressive defense at PFA and ICC hearings. For a free consultation call us at (412) 344-4900 or toll free at (800) 545-9390.
No Guns for PFA Defendants
Under federal law, people convicted of domestic-violence misdemeanors such as simple assault are banned from owning firearms.
The gun ban also extends to people who are subject to Protection From Abuse (PFA) restraining orders.
Guns are the most common method for killing intimate partners.
Laws restricting firearm access for people subject to restraining orders are associated with a 19 percent reduction in rates of intimate homicide, according to researchers at the Johns Hopkins Bloomberg School of Public Health.
Spivak Law Firm handles all areas of family law and criminal defense with a focus on domestic violence. Call us at (412) 344-4900 or toll free at (800) 545-9390.
Domestic Violence Warning Signs
Domestic violence experts increasingly aim to identify “red flags” that often precede homicides and murder-suicides where abuse is present.
Warning signs include: strangulation, stalking behavior, sexual violence, gun possession, unemployment, substance abuse, and prior attempts by the victim to end the relationship.
Previous abuse by the suspect is the strongest of these “red flags,” according to experts.
Spivak Law Firm handles all areas of family law with a special focus on domestic violence and Protection From Abuse (PFA). Call us at (412) 344-4900 or toll free at (800) 545-9390.
PFA and Criminal Records
Q: Will a Protection From Abuse (PFA) Order appear on my criminal record?
A: No.
A PFA is a civil matter that appears on the family court docket along with documents relating to divorce and child custody. It will not appear on the criminal docket, though employers increasingly review both dockets when making hiring decisions.
A PFA is not a criminal matter, though it can become one if you are merely accused of violating the Order. A PFA violation can lead to the charge of Indirect Criminal Contempt (ICC), which carries a six-month jail sentence and $1,000.00 fine.
Spivak Law Firm handles all PFA, criminal, and expungement matters. Call us today at (412) 344-4900 or toll free at (800) 545-9390.
PFA and Law Enforcement
If you’re a law-enforcement official, a Final Protection From Abuse (PFA) Order against you could mean the end of your career.
Under Pennsylvania law, a PFA prohibits the defendant from possessing a firearm. For law enforcement officials, the inability to possess a firearm may lead to their termination.
At Spivak Law Firm, we understand the serious consequences of a Final PFA. We have represented law enforcement officials at every level of government: federal Department of Homeland Security, state troopers, county sheriffs, and local police officers.
Spivak Law Firm provides strong, aggressive defense at PFA hearings in Pittsburgh and all surrounding counties, including: Allegheny County, Beaver County, Butler County, Fayette County, Greene County, Indiana County, Washington County, and Westmoreland County.
If you’ve been served with a PFA, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
4 Tips for PFA Defendants
It is important to maintain your composure at your Final PFA hearing.
It will be difficult to remain calm while the opposing party makes allegations of abuse against you, but walking into a hearing with a bad attitude may affect the judge’s opinion of you and add to the plaintiff’s credibility – even if the allegations are false.
To avoid discrediting your version of events, follow these four tips at your PFA hearing:
- Do not raise your voice in anger to the judge, your lawyer, or the other party;
- Do not shake your head, roll your eyes, or laugh while the other party is speaking;
- Do not interrupt the other party or the judge;
- Do not make mean-spirited comments about the other party.
If you have been served with a PFA order, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
How A PFA Affects Your Divorce
When you initiate a divorce, it is important to keep your emotions in check. Divorce can be emotionally draining, but the playing field may quickly uneven when one party obtains a Temporary Protection from Abuse (PFA) Order.
Avoid any form of contact that could be construed as abusive, which includes shouting matches with your ex. Your ex could file a PFA against you after a verbal argument claiming that she fears you.
The PFA can evict you from your home, restrict your child custody rights, require you to pay support, and order you to continue contributing to marital home expenses.
Spivak Law Firm handles all areas of family law, including: divorce, child custody, child support, and PFA hearings. To speak with an experienced family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Post-Gazette Features Spivak Law Firm
The Pittsburgh Post-Gazette has once again featured Spivak Law Firm on issues involving family law and criminal defense.
The P-G recently published the article, Impoverished Parents Deserve Their Day In Court, written by Rebecca Canterbury, who will begin work at Spivak Law Firm as an associate attorney in the fall.
Attorney Todd Spivak, the owner of Spivak Law Firm and a two-time Pulitzer Prize nominee, assisted with writing and editing the article for publication.
The Post-Gazette routinely features Spivak Law Firm, publishing several articles of important legal commentary on child custody and Protection From Abuse (PFA) laws in Pennsylvania.
In Crack Down On Domestic Violence In Allegheny County, Attorney Spivak calls on Allegheny County to let specialized judges with extensive domestic-violence training oversee all PFA hearings.
In Improve Pennsylvania’s Domestic-Abuse Law, Attorney Spivak exposes the issue of bogus PFA orders and recommends ways to curb abuses in the system.
In Child Custody For Rapists, Attorney Spivak explains how rapists use family court to harass and intimidate their victims. Since the article’s publication, the Pennsylvania Legislature has taken action to safeguard the custody rights of rape victims.
Spivak Law Firm provides strong, compassionate, cost-effective representation in all family law and criminal defense matters. Call us at (412) 344-4900.
PFA Orders Help Abuse Victims
Are you or your children victims of domestic abuse?
In Pennsylvania, a Protection From Abuse (PFA) Order offers many safeguards, including to:
- Evict the abuser from your household
- Restrict the abuser from you and the children
- Order the abuser to pay financial support
- Prohibit the abuser from contacting you
- Ban the abuser from possessing guns
Spivak Law Firm provides strong, aggressive representation for Plaintiffs and Defendants at PFA hearings in the following counties: Allegheny, Beaver, Butler, Fayette, Indiana, Washington, and Westmoreland.
For a free consultation, call us at (412) 344-4900 or toll free at (800) 545-9390.