|
|
412.780.0008 |
Allegheny, Beaver, and Washington Counties. |
Fighting Back. You should not let the temporary PFA order become permanent without exploring all your options such as (1) defending against the allegations in court or (2) getting the other side to accept a settlement agreement that stops short of any admission of "abuse" or "stalking" on your part. Take This Seriously. A permanent PFA Order can haunt you like a criminal record. It goes on the civil docket for the world to see free of charge. Plus, at your hearing, the court can award the "abused" party certain money damages (for financial hardship incurred from the "abuse"), child support, custody, and a host of other remedies that deprive you of important rights. Be Prepared. If you have been served with a temporary PFA, chances are, you have also been served with a date for a hearing on whether the PFA will become permanent. Listen to your lawyer's advice and let your lawyer prepare you to testify. Your Day in Court. This is not the time or place to seek vindication for all the false allegations against you. Chances are, the court will only focus on whether the "abused" party can put forth enough evidence to show that you caused harm or the threat of harm over a period of time. The standard is a preponderence of evidence, which means more likely than not. You will not get a trial that is several days long to prove that the allegations against you are false. In reality, many items of evidence that you deem important will be overlooked by the court unless you carefully call attention to only the key pieces of evidence. Even then, the court will err on the side of preventing abuse in the future, if the court is doing its job. Consequences of a Hearing. This is not the time or place to seek vindication for all the false allegations against you. If the court hears all the testimony and enters an order against you, this will create as fact all the testimony adverse to you. The transcript of that testimony can be used against you several years and even decades into the future in cases involving custody, support, and other matter where your adversary will try to show that you are a stalker, violent, or otherwise not truthful. Plus, as mentioned, a PFA goes on the civil docket, but it can be spotted by employers like a criminal conviction. Should You Settle? The good news is, you have options in many instances. You ask that the other side agree to a settlement that stops short of you admitting certain facts. Depending on the severity of the allegations against you, settlement may be your only realistic option. You should talk to a lawyer to make sure you are getting a deal that makes the most sense and does not overly restrict your rights. We Are Ready. Having counsel at your side will do at least one thing: it will show the opposing party that you are serious about defending the claims. Beyond that, we stand ready to cross examine witnesses using years of experience that will save the court's time (and your time) and maximize your changes of winning. We can also tell you whether a supposed "deal" offered to you is worth your serious consideration. Some proposed "deals" are actually worse than what a judge would likely impose. Our Experience. Our PFA attorneys can help you with your Protection From Abuse Act case in Pittsburgh (Allegheny County), Beaver County, and Washington County. We will represent you at the PFA hearing and advise you during any attempt to enforce a PFA order. Over the years, our Pittsburgh and Beaver County attorneys have handled PFA cases from both sides: from the person alleging abuse to the person defending against abuse claims. As such, our PFA attorneys have developed significant insight and perspective into handling every prospective PFA case that comes our way. In fact, before practicing as an attorney, Todd W. Elliott clerked for Judge Steege and helped make the initial determination on all temporary PFA orders made in Beaver County during the 1998-1999 time period. Other Matters. Often, there will be criminal charges filed at the same time as the Protection From Abuse Act claims. We can represent you at both the criminal preliminary hearing and the PFA hearing. You can (and should) rely on our insight and experience in all matters concerning allegations of abuse, threats, and PFAs. Our attorneys know when (and how) to negotiate with the litigant (or lawyer on the other side of the case) to bring about the most reasonable resolution of your PFA matter. Call Today. |
Protection From Abuse Act (PFA) |
Know Your Options: What Can You Lose? The Protection From Abuse Act gives the courts broad authority to enter relief to prevent abuse and to correct any perceived financial hardship suffered by the "abused" party. The Act also allows the courts to enter custody orders, child support orders, take away weapons, and enter host of other severe penalties that make it advisable that you meet with an attorney and evaluate your strategy in trying to "beat" a PFA. If you go to court and lose, you risk the court ordering all the above penalties available against you under the Act, plus your risk creating a transcript of testimony about your tendency to "abuse" that can be used against you in other matters. Be reluctant to consent 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 realistic option. |
Call Evening/ Weekends |
412.780.0008 |
Call Any Time! |
Our Location Serves: Allegheny (Pittsburgh), serving Beaver County and Washingtion Counties. |
Pittsburgh Attorneys 425 First Avenue Pittsburgh, PA 15219 Fax: 412.774.2168 412.780.0008 |
412.780.0008 |
Free Phone Consult |