Pittsburgh PFA Lawyer
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.
No Guns For PFA Defendants
Should Pennsylvania adopt stricter gun laws in an attempt to reduce domestic violence?
Many states have recently done so. For instance, Maine last year passed a law prohibiting people convicted of domestic violence crimes from owning guns for five years after completing their court-ordered sentences.
In Pennsylvania, people with active Protection From Abuse (PFA) Orders against them are prohibited from possessing firearms. PFA defendants must either relinquish weapons to their local sheriff’s office or give them to a friend or family member for safekeeping.
Some activist groups want to further restrict PFA defendants by eliminating the state’s third-party safekeeping provision.
Spivak Law Firm handles all matters 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.
Want a PFA? Just Ask.
In Allegheny County, judges approve nearly all requests for Temporary Protection From Abuse (PFA) Orders.
Indeed, more than 90 percent of requests for a Temporary PFA are granted in all counties surrounding Pittsburgh, including: Allegheny, Beaver, Butler, Washington, and Westmoreland.
But recent reports show that a whopping 44 percent of PFA petitions were denied by judges in York County, located in South Central Pennsylvania. Public meetings have been scheduled in York County to address the disparities.
Spivak Law Firm provides strong, aggressive representation for plaintiffs and defendants at PFA hearings. For a free consultation, call (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.
In A PFA, What Is Third-Party Contact?
Victims of domestic violence, harassment, and stalking are often instructed to obtain a Protection From Abuse (PFA) Order that restricts contact between the parties. A PFA is also known as a restraining order or no-contact order.
In Allegheny County, a PFA Order typically states that the alleged abuser shall not contact the victim, including through third persons. What does that mean exactly?
Third-party contact refers to having a friend or family member contact the victim about the PFA. For instance, if you are a defendant in a PFA matter, you cannot have a mutual friend pressure the victim into withdrawing the PFA.
Indeed, you cannot communicate any message to the plaintiff whatsoever. Even a non-threatening message such as “I miss you” could get you arrested for violating the no-contact order.
Spivak Law Firm provides aggressive representation for defendants and victims at PFA hearings. To schedule a free consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
How To Get A PFA Restraining Order
The process for securing a Protection From Abuse (PFA) Order in most Pennsylvania counties starts by filing a paper called a petition at your local county courthouse. In the petition, you tell the court why you feel you need protection. The petition describes the abuse you have suffered and the protection you want from the court. The courthouse has people who must help you fill out the petition.
After you complete your PFA petition, the court will read it and may ask you questions. The alleged abuser is not present during this proceeding.
The judge will likely grant you a Temporary PFA and set a final hearing date within 10 business days. The defendant will get a copy of your petition. At the Final PFA hearing, you may be required to testify about the things you wrote in your petition. A Final PFA Order can last up to three years.
Spivak Law Firm provides strong, aggressive representation for plaintiffs and defendants at PFA hearings in Pittsburgh and all nearby counties, including: Allegheny County, Beaver County, Butler County, Fayette County, Indiana County, Washington County, and Westmoreland County.
To speak with an experienced PFA lawyer, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
PFA Violations And Child Custody
Violating a Protection From Abuse (PFA) Order by contacting the victim can land you in jail for up to six months. But what about violating the custody provision contained in a PFA? You can be arrested for that, too.
For instance, let’s say your PFA Order grants you supervised custody only. If you are seen alone with the child, you may be arrested and charged with Indirect Criminal Contempt (ICC).
Or, for example, if you withhold the child by not showing up at a custody exchange per the PFA Order, you may face criminal charges.
Spivak Law Firm provides strong, aggressive representation for plaintiffs and defendants in all PFA and child custody cases. Call us at (412) 344-4900 or toll free at (800) 545-9390.
Where Do I Go To Get A PFA?
A person seeking the protection of a PFA restraining order can file in one of the following places:
–The county where the plaintiff resides;
–The county where the plaintiff works;
–The county where the defendant may be served; or
–The county where the abuse occurred
If you are going to ask the Judge to remove the abuser from the home you share, you must file the petition in the county where the home is located.
Spivak Law Firm provides strong, aggressive representation for plaintiffs and defendants 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 attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Don’t Let A PFA Stop You From Being A Parent
Under Pennsylvania law, you can file for custody even if there is a Protection From Abuse (PFA) restraining order against you. If the PFA does not allege abuse against a child, you may even be entitled to primary or shared custody.
If the PFA does include allegations of abuse against a child, you still may get time with your child depending on the circumstances. In such cases, there may be a period of time where your custody visits are supervised. But supervised custody tends to be temporary, so hang in there and you’ll eventually see your custody time increase.
Spivak Law Firm provides strong, compassionate, cost-effective representation in all PFA and child custody matters. We represent clients in Pittsburgh and all nearby counties including: Allegheny County, Beaver County, Butler County, Washington County, and Westmoreland County. Call us at (412) 344-4900 or toll free at (800) 545-9390.