Pittsburgh PFA Lawyer
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.
9 Sweeping Powers of a PFA Order
A Protection From Abuse (PFA) Order is a very powerful tool. Under Pennsylvania law, a Court may grant any appropriate relief needed to bring about a cessation of abuse. The most typical provisions of a PFA are as follows:
(1) direct the abuser not to abuse the victim or the victim’s minor children;
(2) exclude the abuser from the victim’s residence where the abuser and the victim own or rent the residence together or where the victim owns or rents alone;
(3) exclude the abuser from the victim’s residence where the abuser owns or rents alone, so long as the abuser and victim are married or have a child together;
(4) award temporary custody of the minor children to the victim;
(5) direct the abuser to pay spousal and/or child support to the victim;
(6) direct the abuser to have no contact with the victim or the victim’s minor children, nor to go to where the victim or the children work or go to school, and not to harass the victim or the victim’s minor children or relatives;
(7) direct the abuser to relinquish to the sheriff any of the defendant’s firearms;
(8) direct the abuser to pay for reasonable losses suffered by the victim because of the abuse;
(9) direct the abuser not to stalk the victim.
Spivak Law Firm provides strong, aggressive representation for plaintiffs and defendants in PFA matters. To speak with an experienced PFA lawyer, call us at (412) 344-4900 or toll free at (800) 545-9390.
Fight Back Against Allegations of Abuse
Unfortunately, it is not uncommon for people to exaggerate, fabricate or outright lie to receive a Protection From Abuse (PFA) order. As a result, many innocent people are unfairly swept into the court system. Spivak Law Firm strongly defends such people and has an excellent record of success in getting bogus PFA orders dismissed.
But what if you did it? In other words, should a person who has perpetrated abuse under Pennsylvania law simply accept a three-year Final PFA? Or is it still worthwhile to retain an experienced PFA attorney and fight back against the charges?
At Spivak Law Firm, we recommend fighting back.
In cases where the evidence is stacked against our clients, we are still able to help them by protecting their child custody rights, safeguarding their property, limiting the duration of a PFA order, and advising them on moving forward with their lives. In many cases, we are successful in avoiding a Final PFA even where abuse occurred.
At Spivak Law Firm, we do not judge our clients. We advocate strongly for them. We understand that we all have done things for which we are not proud. We treat our clients with dignity and respect by making ourselves accessible and by striving to build the strongest possible defense in every case.
Served with a PFA? Call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
China Mulls PFA Law Similar to Pennsylvania
China appears close to passing a law empowering courts to issue restraining orders for victims of domestic violence, child abuse, and elder abuse.
Chinese culture has traditionally regarded family abuse as a private, not a criminal, matter, according to a recent article in The New York Times. Currently, someone who goes to the police seeking help against a violent family member will generally be advised to return home and “work it out,” the article states.
The Chinese bill is comparable to Pennsylvania’s Protection From Abuse (PFA) law, which nearly 40 years ago enabled courts to issue emergency no-contact orders at a time when filing criminal charges was the only legal recourse for victims of family abuse.
To speak with an experienced Pittsburgh PFA lawyer, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.