Pittsburgh PFA Lawyer
Accused of Abuse?
Spivak Law Firm routinely defends people accused of domestic violence and abuse. We defend people facing Protection From Abuse (PFA) orders and criminal charges such as simple assault, aggravated assault, harassment, stalking, terroristic threats, child abuse, and reckless endangerment. We also help people facing abuse charges assert child custody and visitation rights.
In family court, it is important to understand that credibility is everything. Someone accused of abuse instantly loses sympathy and credibility in the eyes of the court. Only a rapid, fact-based response can prevent a negative stereotype from attaching to you if you’re falsely accused of abuse. If this happens, it often helps to request a custody or psychological evaluation for both parents and the children, which some judges will order to get beneath the surface and thoroughly evaluate the truth, the dynamics of the parties, and their parenting abilities. Ideally you need to be prepared with a fact-based response to these common types of allegations from the start of the case.
If you’ve been accused of abuse, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Types of Domestic Violence
At Spivak Law Firm, we handle many cases involving allegations of domestic violence, including: Protection From Abuse (PFA), criminal charges such as assault and harassment, and high-conflict divorce and child custody matters. According to family law experts, there are four distinctly different types of domestic violence:
1) Battering: Also known as coercive controlling violence, battering involves a pattern of power and control by one partner and a pattern of fear in the victim partner. There may not be frequent violence, but when violence occurs, it can be severe and result in bruises, broken bones, and even death. The victim often becomes isolated, loses self-esteem, and finds it very hard to leave. Most batterers seem to have characteristics of borderline, narcissistic, or anti-social personalities.
2) Situational Couple Violence: This type of domestic violence is the most common type. Instead of a pattern of power and control, both parties in the couple have difficulties resolving conflict peacefully and get into pushing and shoving types of behavior, sometimes with injuries. Neither party lives in fear of the other, and the violence is generally less severe. Research shows that men and women engage in this type of violence fairly equally.
3) Separation-Instigated Violence: Sometimes there are one or two incidents at the time of separation, but no prior history of violence. Both parties may engage in this behavior, and it is fairly equal among males and females.
4) Violent Resistance: This term is used when a victim of a batterer fights back, sometimes injuring the usual perpetrator. Sometimes, batterers set up a spouse to fight back, then call the police. Sometimes victims get arrested because of one injury to the batterer, while the batterer gets away with numerous injuries on other occasions that the victim does not report.
To schedule an appointment with an attorney experienced in cases involving allegations of domestic violence, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Improving Pennsylvania’s PFA Law
A Protection From Abuse (PFA) order has devastating consequences for defendants. But people who file bogus PFAs often face no consequences whatsoever.
“Want somebody out of the house? File a bogus PFA!” Allegheny County Court of Common Pleas Judge Kim D. Eaton recently told Spivak Law Firm for an article published in The Pittsburgh Post-Gazette.
A PFA is a no-contact order that aims to restrict perpetrators of domestic violence from contacting their victims. A PFA can also evict an alleged abuser from his home, eliminate his constitutional right to own guns, and forbid him from seeing his kids.
Family law attorneys deride the PFA system as “poor man’s custody” because it allows people to obtain child custody orders while circumventing the formal custody process and associated court fees.
In Allegheny County, people who file PFAs are entitled to free lawyers who strengthen their PFA petitions and represent them at the PFA hearing.
Defendants do not get a free lawyer, and at least three-fourths of defendants in Allegheny County attend the PFA hearing pro se. They are not entitled to a public defender because a PFA is a civil order, though violating it can result in a six-month jail sentence.
Getting a PFA is easy. In 2011, judges in Allegheny County approved a whopping 97 percent of all initial PFA petitions, which are based solely on a plaintiff’s allegations. The defendant gets no opportunity to respond to the allegations until the PFA hearing about 10 days later.
During that 10-day span, defendants may be booted from their shared residence and restricted to having limited phone contact with their children. Defendants sometimes cannot return home even to get essentials such as toiletries or work uniforms.
The temporary PFA instantly becomes a permanent public record that is easily accessible for free online by friends, neighbors, co-workers, and employers. The stigma of the PFA may permanently damage the defendant’s reputation and relationships.
At a PFA hearing, the plaintiff’s lawyers will often ask the defendants directly if they are willing to accept a short-term PFA. Defendants may accept such an offer without appreciating the far-reaching consequences.
But people who file bogus PFAs often suffer zero consequences.
Pennsylvania law states that a person who files a PFA “in bad faith” must pay the defendant’s attorney fees. But proving bad faith is impossible in most cases because of the “he-said, she-said” nature of domestic violence. A person who files a bogus PFA may also be criminally prosecuted, but this rarely happens.
“The court’s attitude is: ‘You won, the PFA was dismissed, be happy,’” says family law attorney Christine Gale.
Here are five common-sense solutions for curbing abuses in Pennsylvania’s PFA law:
First, there should be a colloquy for PFA defendants to ensure that they understand the consequences of accepting a final PFA. It could be as simple as checking boxes on a standard form.
Second, courts should make it easier for allowing defendants to recover attorney fees when a PFA is withdrawn or dismissed.
Third, district attorneys should criminally prosecute what Judge Eaton calls “serial filers” of bogus PFAs.
Fourth, law schools and legal aid clinics should partner to train students to provide free representation for low-income PFA defendants.
Fifth, temporary PFAs should be removed from the public database when the PFA is later withdrawn or dismissed.
Such measures would strengthen an important law by limiting the damage caused by bogus PFAs.
To speak with an experienced PFA lawyer, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
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.
Elmo Puppeteer Falsely Accused of Abuse?
At Spivak Law Firm, our phone rings every day from people who say they’ve been falsely accused of abuse. We aggressively defend these people against bogus PFAs and false complaints of harassment, stalking, assault, and other forms of domestic violence.
Their stories don’t make headlines. But every once in a while a story like theirs will make the news, shining a light on how these people’s lives are ruined by lies.
This week, the gossip website TMZ published a claim that Kevin Clash, the voice and puppeteer of Elmo on “Sesame Street,” had sex with a minor. The very next day, his accuser recanted.
But the stigma remains. Elmo’s puppeteer endured a months-long investigation by his employer before the false allegations went viral online.
Like so many of our clients, Clash has endured the hell of being defamed publicly. In Pennsylvania, all PFAs are public records easily viewable for free by employers, family, friends, neighbors, and anyone else who wants to dig into their backgrounds.
And like so many of our clients, he must try to put these false accusations of abuse behind him and get on with his life.
If you’ve been served with a PFA or accused of abuse, call Spivak Law Firm at (412) 344-4900 or (800) 545-9390.
Why You Need an Experienced PFA Lawyer
In Pennsylvania, any person who files a PFA restraining order gets a free attorney. But people who are served with a PFA do not. We strongly advise that you hire our experienced PFA attorney to strongly defend you and help level the playing field. In most cases, we get the PFA dropped.
Many people who are served with a PFA make the mistake of not taking it seriously. They may not show up for their hearing. Or they may choose to represent themselves at the PFA hearing. But a PFA has severe consequences that can haunt you for years like a criminal record. If you’ve been served with a PFA, you need to take it seriously.
If you fail to appear at your PFA hearing, a judge may hit you with a no-contact order lasting three years, the maximum penalty allowed under Pennsylvania law. You can be jailed for six months for violating any provision of a PFA order – even if your accuser is lying.
If you choose to represent yourself, you run the risk of being manipulated by your accuser’s attorney. Do not make the mistake of thinking that your accuser’s lawyer is looking out for your best interests. Only your own lawyer will do that.
Many cases of alleged harassment, stalking, and abuse simply do not rise to the level of a PFA. We know Pennsylvania PFA law and can defend you from false allegations and exaggerations. If you’ve been served with a PFA, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
What to Expect at Your PFA Hearing
If you’ve been served with a PFA, your PFA hearing is likely within 10 days. The thought of having to go before a judge can be very stressful. Indeed, it should cause you some anxiety. After all, a PFA has serious consequences: it can evict you from your home, restrict your ability to see your children, and even land you in jail for six months if you violate it.
At Spivak Law Firm, we handle many PFA cases – representing both defendants and plaintiffs. It often calms our clients when we explain what to expect at a PFA hearing. Here are some things we always go over with our clients to help prepare them for their day in court:
First, it’s important that you show up at the hearing on time. In Allegheny County, PFA hearings are scheduled for 9 a.m. If you show up later than 10 a.m., you could be slapped with a full three-year PFA. Running late is a poor excuse, so plan ahead. Expect traffic and difficulty parking. Like an airport terminal, you will likely have to wait in a long line of people to get through a metal detector. We advise our clients to get to the courthouse by 8:45 a.m.
Second, the plaintiff and defendant likely will not see each other. There is a room for defendants and a separate room for plaintiffs. But do not forget that the PFA remains in place even at court on the day of the hearing. A PFA is a no-contact order. If you violate it, you may be arrested. If you see your accuser in the courthouse, stay away. Do not share an elevator or talk to your accuser. Just go to the waiting area – in Allegheny County, it’s on the third floor of the Family Court Building – check in, and wait for your attorney.
Third, you probably won’t see a judge. Most cases get resolved by the attorneys without ever having to appear before a judge. At Spivak Law Firm, we get the PFA dropped in most cases through negotiations with opposing counsel. Nevertheless, you should work with your attorney so you are prepared to make your strongest case before a judge. Bring any documentation that is helpful to your case – phone records, emails, text messages, photographs, etc. If possible, bring eyewitnesses who can testify as to whether the alleged abuse actually occurred.
For more information about what to expect at your PFA hearing, call Spivak Law Firm 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.