Spivak Law Firm

Based in Pittsburgh, PA

412-344-4900

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Westmoreland County PFA Lawyer

Are PFA Hearings Fair?

BU010665If you’re a victim of domestic abuse, you can get a Temporary Protection From Abuse (PFA) Order against your abuser simply by telling your situation to a judge at an ex parte hearing. The alleged abuser receives no notice and may not attend the hearing.

Is this fair?

For true victims of domestic abuse, an ex parte hearing is often necessary to escape a violent relationship. But it is commonly known among family law professionals that many people abuse the PFA system just to gain leverage in child custody and divorce.

To speak with an experienced PFA attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

PFA Hearings and Constitutional Rights

Sad man sitting head in hands on his bed

A bogus PFA wreaks havoc on a person’s life: it evicts you from your home, restricts you from seeing your kids, and subjects you to possible arrest for the mere accusation of violating the no-contact order.

In Pennsylvania, a Final PFA Hearing generally occurs within 10 days after issuance of the Temporary PFA Order.

A Final PFA Hearing must occur shortly after the Temporary PFA Order gets issued because ex parte orders are limited by the Constitution. The due process clause of the Fifth and Fourteenth Amendments provide that a person shall not be deprived of liberty or property without adequate notice and an opportunity to be heard.

Spivak Law Firm provides strong, aggressive representation at PFA hearings in Pittsburgh and all surrounding counties: Allegheny County, Beaver County, Butler County, Washington County, and Westmoreland County. For a free consultation, call us at (412) 344-4900 or toll free at (800) 545-9390.

“It’s All About Power And Control”

 

Stay Away

The following is the first of three excerpts from a recent column by Nancy Eshelman of the Patriot-News in Central Pennsylvania. Ms. Eshelman’s husband was convicted of voluntary manslaughter in a domestic violence related incident.

“In early 1979, my estranged husband climbed a trellis, peered into my windows and saw me watching TV with a male co-worker. He tore out of the parking lot in his Jeep, sped the few blocks to his home and grabbed his gun. He raced back to my apartment – where our children were sleeping – smashed a window, bounded up a flight of stairs and pointed a gun in my face.

Then he wheeled around, strode a few steps and shot my co-worker dead.

My ex got his jollies by belittling others: me, my kids, his mother, anyone he saw as weaker.

When I could no longer tolerate what his harassment was doing to me and my children, I prepared to leave. I did it the right way: I told him why, told him when, told him where, gave him access to his kids.

He stalked me. They didn’t use that term in 1979, but that’s what it was. Wherever I went, he’d pop up. He’d call me a dozen times a night. When he brought the kids home, he thought that entitled him to enter the apartment where the boys and I lived. When I objected, he shoved me down a flight of stairs.

Almost 35 years later, I’m still delivering the message that possession isn’t romantic, despite what we may see in movies. It isn’t pretty, and it certainly isn’t love. It’s all about power and control.”

Spivak Law Firm provides strong, compassionate representation in PFA and criminal domestic-violence cases. For a free consultation, call us at (412) 344-4900 or toll free at (800) 545-9390.

PFA Hearings And Child Custody

 

PFA Pic9If 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?

 

PFA Pic2Victims 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.

What Can I Ask For In A PFA?

Expunge Pic7In a Protection From Abuse (PFA) petition, you can ask the judge to:

  • Order the abuser to stop threatening, abusing, harassing or stalking you and your children
  • Have the abuser evicted from your joint home or excluded from your residence
  • Keep your new address or location confidential
  • Grant you temporary custody of your children
  • Grant you temporary child or spousal support as well as other reimbursements of out-of-pocket expenses that were caused by the abuser
  • Order the abuser not to have contact with you or your children, or family members
  • Restrict the abuser from contacting you at school or work
  • Order the abuser to turn over firearms to the sheriff
  • Order any other appropriate relief, for instance, requesting the return of your pet, car keys, important papers, etc.

To speak with an experienced PFA attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Strong Defense at PFA Hearings

702075.TIFAttending a Protection From Abuse (PFA) hearing without an experienced attorney often proves disastrous for defendants. A PFA is a powerful tool that can evict you from your home, restrict your child-custody rights, and lead to your arrest based on a mere allegation of violating it.

In Pittsburgh and most surrounding counties, “victims” of domestic violence and child abuse get a “free” lawyer to help them obtain PFA orders.

But PFA defendants do not get a free lawyer. Many PFA defendants wrongly believe that they are entitled to a public defender. But a PFA is not a criminal matter, so public defenders generally cannot get involved.

A Final PFA Order will stay on your record for the rest of your life. It is a public record that may cause embarrassment, tarnish your reputation, and hurt your job opportunities.

Spivak Law Firm aims to provide the strongest possible defense 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 defense attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

How To Get A PFA Restraining Order

PFA Pic9The 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.

What To Write On Your PFA Petition

702075.TIFApplying for a Protection From Abuse (PFA) Order can be a confusing and even scary process. The PFA Act says that you must prove to the court that you have been abused, as described in the categories below. Abuse can take many forms, including economic, emotional, and psychological, and you can write about those, too.

Note: The defendant will receive a copy of the petition. It will also be available as a public record at your county courthouse.

In your PFA petition, you can describe any of the following, if they happened to you:

  • “Acts that cause bodily injury or serious bodily injury and/or sexual offenses.” These include hitting, punching, slapping, pushing, strangling, chocking, forcing sex or attempting to do any of these things.
  • “Putting another person in reasonable fear of imminent serious bodily injury.” This refers to making threats to harm or kill you, your family, your children, or your pets.
  • “False imprisonment.” This includes restraining your movement or holding you down.
  • “Physical or sexual abuse of minor children.” This includes corporal punishment or spanking that leaves marks or requires medical attention.
  • “A course of conduct or repeatedly committing acts toward another that put the person in reasonable fear of bodily injury.” This includes sending threatening emails, following you, repeatedly calling you on the phone, and showing up at your residence, workplace, or school.

Spivak Law Firm provides strong, compassionate 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 attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Crack Down on Domestic Violence In Pittsburgh

PFA Pic9The Pittsburgh Post-Gazette published the following article by Attorney Todd Spivak, owner of Spivak Law Firm, which handles all areas of family law and criminal defense with an emphasis on child custody and Protection From Abuse (PFA).

Maureen Karr got a temporary protection-from-abuse order against her husband on grounds that he threatened to burn their house down. Two weeks later, according to police, James Karr made good on his promise and his wife died in the fire.

In Pennsylvania, more than 150 people die every year from incidents involving domestic violence. Astonishingly, Allegheny County for two straight years has tallied more domestic-violence fatalities than any other Pennsylvania county, even Philadelphia. In 2013, there were 28 domestic-violence related deaths in Allegheny County, representing nearly one-fifth of such fatalities statewide, according to the Pennsylvania Coalition Against Domestic Violence.

“Some conclude that PFAs are useless, that they’re just a piece of paper,” says Spenser Baca, a third-year student at the University of Pittsburgh School of Law who represented Maureen Karr at a PFA hearing hours before she was killed. “But PFAs help the majority of clients.”

In December, after 14 years of marriage, Maureen Karr told her husband she wanted a divorce. According to her PFA order, James Karr flipped out: he broke her stuff, slashed her car tires and threatened to set fire to their home in Duquesne. Ms. Karr took refuge at a neighbor’s house and called police. James Karr was arrested, briefly incarcerated and charged with public intoxication.

Charges of harassment and terroristic threats would have served Ms. Karr better. James Karr’s bond conditions did not even include a restraining order.

So, on Dec. 15, Maureen Karr obtained the temporary order that evicted her husband from their home and prohibited all contact. “He was threatening to set the house on fire,” Maureen hand-wrote in the PFA petition.

Similarly, last September, Nancy Bour of Ross Township wrote on a PFA petition against her husband: “Threatened to burn the house down if I try to get divorce.” The next day, according to police, Thomas Bour poured gasoline on their house and set it ablaze. Thomas Bour faces trial next month on multiple felony charges of arson and risking catastrophe.

Defendants always make threats,” says Mr. Baca. “It’s surreal when they make true on their threats.”

On Dec. 29, Maureen and James Karr appeared separately on the third floor of family court Downtown. Ms. Karr sought a final PFA order lasting three years — the maximum allowed under Pennsylvania law. But a hearing never occurred, as the defendant suddenly dropped to the floor and convulsed violently. Although James Karr receives disability benefits based on a seizure disorder, Mr. Baca suspects he faked a seizure to avoid the hearing. The parties left the courthouse without even seeing a judge.

In Allegheny County, court administrators estimate that only 5 percent of PFA cases ever go before a judge for a final hearing. Attorneys frequently work out agreements and draft court orders signed by the parties. An administrator will stamp a judge’s signature on them, but there is no direct judicial involvement whatsoever in the vast majority of cases.

Other counties surrounding Pittsburgh handle PFA cases differently. For instance, Westmoreland County judges insist that all parties appear before a judge regardless of how the case is resolved. It’s impossible to know if a judge’s finger-wagging lecture or threat of grave consequences for another infraction would have saved Maureen Karr’s life, but it might have. Allegheny County’s practice of letting administrators stamp court orders must stop.

Moreover, to promote consistency, Allegheny County should have specialized judges with extensive domestic-violence training to handle all PFA hearings. That’s how PFA cases are handled in Philadelphia County, which saw its number of domestic-violence fatalities drop by 33 percent last year.

This is also how things are done across the street in criminal court, where just two judges oversee all of Allegheny County’s domestic-violence cases. But for PFA hearings, 17 family court judges and three senior judges take turns, ensuring an egregious lack of consistency in court rulings.

On Dec. 30, just hours after appearing in court, James Karr showed up at the couple’s red-brick house set on an orange-brick street. The temporary PFA order remained in place, but, according to police, James Karr went in, slammed his wife’s head against a wall, knocking her unconscious, then tied her wrists with floral wire used for making Christmas wreaths, doused her with her favorite Smirnoff vanilla-flavored vodka and lit a match.

Maureen Karr died from smoke inhalation and carbon-monoxide poisoning. James Karr, a South Park native, has been charged with criminal homicide and aggravated arson. The Allegheny County district attorney’s office plans to argue for the death penalty.

It is impossible to know if Maureen Karr’s death might have been prevented. But immediate action should be taken to curb the number of domestic-violence fatalities in Allegheny County. Increased involvement at PFA hearings by judges with advanced training in domestic-violence cases, and the tougher rulings that likely would result, could make the difference.

To speak with an experienced PFA attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.