Upper St. Clair Custody Lawyer
What If A Person Lies To Get A PFA?
At Spivak Law Firm, we provide strong, aggressive defense at Protection From Abuse (PFA) hearings in Pittsburgh and all surrounding counties, including: Allegheny, Beaver, Butler, Fayette, Indiana, Mercer, Washington, and Westmoreland.
Our clients often ask us if the alleged victim will face any consequences for lying or exaggerating to the court in order to obtain the Temporary PFA order.
Unfortunately, in our experience, the answer is: no.
People falsely accused of abuse may file a complaint with the police, but the district attorney’s office is unlikely to prosecute for fear of having a chilling effect on other people seeking protection.
Even in extreme circumstances, district attorney’s offices rarely prosecute plaintiffs who have filed repeated PFA petitions in multiple counties with outrageous, unsubstantiated accusations that are later dismissed.
It is commonly known that some people abuse the PFA system in order to gain leverage in a divorce or child custody action.
At Spivak Law Firm, we handle all family law and criminal defense matters, including: PFA defense, criminal domestic violence defense, divorce, child custody, child support, and criminal record expungements.
To schedule a free consultation with an experienced PFA defense attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
How to Withdraw a PFA in Pennsylvania
In Pennsylvania, a victim of domestic violence can get a Protection From Abuse (PFA) restraining order against the perpetrator lasting as long as three years. The PFA restricts the abuser from having any contact whatsoever with the victim, including contact by phone, email, text, social media, or third persons.
But what if the victim no longer thinks the PFA is necessary? Can the PFA simply be vacated or withdrawn? In many cases, the answer is yes, though counties have their own unique processes for making the PFA go away.
For instance, in some Pennsylvania counties, the victim needs to formally file a motion to vacate the PFA and present it to the court. In other jurisdictions, the victim may simply ask the court’s PFA administrator to fill out a form. In all cases, the victim should be prepared to explain to a judge why the PFA is no longer necessary. If the judge disagrees, the PFA may remain in effect whether the victim likes it or not.
To speak with an experienced Pennsylvania PFA lawyer, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Child Custody in Allegheny County (Part 5 of 7)
In Allegheny County, any person involved in a child custody dispute must enroll in Generations, an alternative dispute resolution program that includes an educational seminar and mediation session. To learn about the educational seminar, please click here. To learn about the mediation session, please click here. To learn about waiving the mediation session due to issues of domestic violence, please click here. To learn about the custody conciliation, please click here.
If you and the other party are unable to come to an agreement at the custody conciliation, you may be ordered to submit income information for psychological/home evaluations. Allegheny Forensic Associates conducts psychological evaluations.
Once an order is issued for psychological evaluations, the assigned evaluator will contact the parties and schedule the appropriate appointments. Evaluators may administer certain psychological tests and conduct interviews and observations. When the evaluation is completed, the evaluator will issue a report to the parties and the assigned Judge.
The moving party may praecipe for a judicial conciliation before the assigned Judge with the docket clerk on the third floor of the Family Court Building once they have received the report, if they wish to go forward.
In custody matters, if requested by either party or if ordered by a child custody officer, hearing officer or judge, parties may be referred for a home evaluation. The officer or judge will determine and allocate the total fee. Requests to reallocate fees will only be addressed in motions court by the assigned judge.
To speak with an experienced Allegheny County family law, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.