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412.780.0008 |
Take a Stand. You may have been served with the time and date for you to appear at a "PFA hearing" to determine whether the temporary PFA against you will become "permanent." This is a critical time. You need to stand tough and defend against the claim because a permanent PFA can have serious and long term consequences as described below. What is a PFA Order? The term "PFA" stands for "Protection From Abuse" as defined in the Protection From Abuse Act, which is a statute that allows a court to enter an order to protect against violence, threats, and stalking. In order for a petitioner to have standing under the Act, there has to be a certain relationship between the petitioner and you, the respondent-defendant, such as former lovers or family members. Otherwise, the the case should not be in the family court system (Court of Common Pleas), rather, it should be a purely criminal matter handled through a claim made through the district justice office for criminal harassment. Is a PFA a "Crime"? The answer no, however, like a criminal conviction, a permanent PFA against you creates proof that you put someone in threat of his or her safety. The record of your PFA remains on the civil docket after the PFA against you expires. Thus, it is like a criminal conviction in that it shows proof of "abuse, which the world can see free of charge. For example, employers can now search civil data bases online in many counties. Further, while the PFA is in place, it is a civil order that can be enforced like a criminal order if you violate it. You must treat a PFA case like a criminal matter for all intents and purposes. Be Prepared For Court. The hearing on whether your temporary PFA becomes permanent is key. Your lawyer can tell you how to prepare for court. The other side will also be prepared. Neighborhood Legal Services provides FREE representation to all supposed "victims" of violence. As you know, everything you say can be used against you. The transcript of your testimony in a PFA hearing can be used to impeach you later on if, for example, you have a personal injury case that you bring and you seek legitimate damages for pain and suffering. Accept a "Deal"? Your lawyer can tell you whether any "deal" offered is really a deal. Some supposed deals are no better than going to court and losing. Many of our clients come to us too late and want to know if there is an appeal process once they accept a bad deal or if they go to court and lose. The answer is, yes, you can appeal to the superior court, but it is very difficult, time consuming, and expensive. Some deals are great opportunties that you would be foolish to reject. Others deals can unnecessarily jeopardize your rights in matters such as custody, child support, or other matters and the facts may not warrant such an agreement through the PFA court. Your lawyer can tell you whether any deal offered to you is something you should consider taking. Easy Payment. Our lawyers know PFA law inside and out. Our fees are reasonable and we accept major credit card payment. Let us help you with your PFA defense in Allegheny County (Pittsburgh), Beaver County, or Washington County. Make sure you have a great defense strategy to keep a PFA off your record (or minimize it) and to protect your right to your residence and/or firearms. Call Today. |
Allegheny, Beaver, and Washington Counties. |
PFA Defense. |
Know Your Options: What Can You Lose? Under the PFA Act, a court has broad discretion to prevent "abuse" and to correct financial hardships on the allegedly "abused" party. The Act also allows the courts to enter a custody/visitation order, make you pay child support, take away weapons, and a host of other severe penalties. It is therefore advisable that you meet with an attorney and evaluate your strategy in trying to "beat" a PFA. If you go to a hearing and lose, you risk the court ordering all the above penalties available against you under the Act, plus you risk creating a transcript of testimony about your tendency to "abuse" that can be used against you in other matters. Be reluctant to agree to any type of PFA order unless your attorney helps draft the terms of the consent order and advises you that consent is the most practical and viable option to limit the risk of loss of your rights. |
412.780.0008 |
Attorney Todd W. Elliott* |
Call Evening/ Weekends |
412.780.0008 |
"No case is too complex or too challenging." |
Free Consultation |
Elliott & Davis, PC 425 First Avenue Pittsburgh, PA 15219 Fax: 412.774.2168 412.780.0008 |