what kind of attorney for pfa

Do I need a PFA lawyer in Pittsburgh?

Attorney Joseph D. Lento is a skilled family attorney with years of experience helping Pennsylvanians pursue and defend PFA orders and domestic violence charges and protecting their rights in family court. Not every family lawyer will …

Should I hire a divorce attorney for a PFA case?

Jul 11, 2014 · Whether you are the victim of domestic abuse or are fighting a wrongful accusation, seek legal counsel with a PFA attorney who handles Protection from Abuse cases in Pennsylvania. Call us and we will evaluate your case. Give us a call at 570-664-9849 to schedule a consultation or reach out to your closest office: Stroudsburg PFA attorney

Can a defendant contact the plaintiff in a PFA?

Jul 14, 2020 · A divorce attorney is very in tune with your family law needs such as custody and dividing up property or debt. A PFA and a violation of a PFA can and will end you up in prison. That’s why you need an attorney whose whole purpose is …

What should I do if I’m served with a PFA?

PFA Protection from Abuse Warrior Lawyers Criminal Defense Attorneys PFA Protection from Abuse If your spouse, child or someone else you care about has a PFA Protection from Abuse against you, you have a right to contest it. PFAs were created for accusers – but in some cases, they may not necessarily have wanted one.

How do you fight a PFA in PA?

Here are five rules to win against false PFAs:Never take the bait. A potential victim can file for a temporary PFA at most police stations or any court location. ... Airing your side of the story. ... Motives behind false PFAs. ... Stiff PFA Penalties. ... Avoid False PFAs in the First Place.Sep 15, 2016

What happens at a PA PFA hearing?

At the hearing, you will testify in court and you can present other evidence or witnesses to prove the abuse you have experienced. The abuser will also be allowed to testify in the hearing. The judge will make a decision after hearing all of the testimony and considering all of the evidence.Feb 11, 2022

Can a PFA be dropped in PA?

Yes, but be careful. The plaintiff who files the PFA complaint may seek to dismiss the complaint. But the court will ensure that the plaintiff's desire to drop and end the PFA proceeding is not the result of the defendant's threat or other coercion.

Can you appeal a PFA in PA?

A final PFA order can be appealed to the Pennsylvania Superior Court within 30 days. Copies of court transcripts and other evidence may be required. Appealing a PFA determination can be difficult and complex, especially if you have not retained the services of an experienced attorney before your initial hearing.

How long does a PFA last in PA?

three yearsIn Pennsylvania, a PFA order from a court gives protective “relief” for a victim (and sometimes their children) for a period of up to three years (for final orders).

How are no contact orders monitored?

After a no-contact order is issued, it is entered into the law enforcement computer-based criminal intelligence information system. Usually, the no-contact order will remain in the computer system for one year (RCW 10.99. 050). Every police officer has access to this computer system.Mar 4, 2020

How do I get a PFA dismissed in PA?

If the plaintiff can't show both: (1) abuse and (2) a qualifying relationship by a preponderance of the evidence, meaning it more likely than not occurred, then the judge will dismiss the PFA.

What happens if you violate a PFA in Pennsylvania?

Violating a PFA order can mean that you are in contempt of court and you can be placed in jail for up to six months and fined between $300 and $1,000. In addition, if you committed any other crimes while violating the PFA order, you will also be charged for those crimes.

How to contact PFA?

Let us help you understand your legal options and make the best decision in your situation. Call us at (412) 471-5100 to gain an understanding of PFA Orders and start moving forward with your life.

What is a PFA order in Pennsylvania?

A Protection from Abuse (PFA) order in Pennsylvania can provide protection from any of the following individuals: A person who lives in the victim’s home. A family member, such as a parent, sibling, or child. An intimate or sexual partner.

What is domestic violence in Pennsylvania?

Domestic violence is a term used to describe acts of abuse that are committed by certain people, such as family and household members. However, domestic violence can be committed by a range of individuals who are related to the victim in some way. A Protection from Abuse (PFA) order in Pennsylvania can provide protection from any of the following individuals: 1 A person who lives in the victim’s home 2 A family member, such as a parent, sibling, or child 3 An intimate or sexual partner 4 Someone the victim had a child with in the past

What is a PFA order?

PFA ( protection from abuse) Orders are meant to help those who fear domestic abuse. However, the situation could become complex very quickly with numerous forms to complete and evidence that must be presented. Whether you are seeking protection or find yourself being falsely accused, you need a Pittsburgh PFA (protection from abuse) ...

How long can a domestic abuse order last?

In most circumstances, a judge will also forbid the accuser from making contact with the accused. These orders can last for up to three years.

Can I seek a temporary PFA?

If you need a protection order immediately or you need more time before your protection order hearing, you may seek a temporary PFA order. We can help you consider your options and do what is best for you and your loved ones.

Can a child get a protection order in Pennsylvania?

You may obtain a protection order for child victims, as well as adult victims. If you plan on obtaining a protection order through the PFA Act, there are a number of resources at your disposal.

What is a PFA order?

The Terrifying Truth of Protection of Abuse (PFA) orders. Getting hit with a PFA can be frightening experience. There are two different flavors of PFAs. There is a temporary PFA and then a “permanent” or final PFA order. The courts issue a temporary PFA as an emergency.

Who is the best DUI attorney in Pennsylvania?

PA DUI attorney Justin J. McShane is the President/CEO of The McShane Firm, LLC - Pennsylvania's top criminal law and DUI law firm. He is the highest rated DUI attorney in PA as rated by Avvo.com. Justin McShane is a double Board certified attorney. He is the first and so far the only Pennsylvania attorney to achieve American Bar Association recognized board certification in DUI defense from the National College for DUI Defense, Inc. He is also a Board Certified Criminal Trial Advocate by the National Board of Trial Advocacy, a Pennsylvania Supreme Court Approved Agency.

What is a divorce attorney?

A divorce attorney is very in tune with your family law needs such as custody and dividing up property or debt. A PFA and a violation of a PFA can and will end you up in prison. That’s why you need an attorney whose whole purpose is one thing only: keeping your ass out of prison.

How long does a continuance last?

It keeps the temporary order in full effect. A continuance is completely legal and is the only way for more than 10 days to lapse before the hearing.

What are the consequences of a PFA?

There are serious consequences to the defendant of a granted PFA. They are stipulated in 23 Pa. Cons. Stat. § 6108 include: 1 An order to not abuse, harass, or stalk the plaintiff and their minor children 2 Removal of the defendant from a shared home 3 Granting of possession of a shared home to the plaintiff 4 Requirement to provide the plaintiff with suitable housing 5 Loss of custody rights to children 6 Scar on the defendant's permanent record that can play a role in any future child custody decisions 7 Financial support paid to plaintiff 8 Order to relinquish weapons and firearms and prohibition on acquiring new firearms 9 Restitution to the plaintiff for losses relating to the abuse (including medical bills, costs of relocating, attorney fees, counseling fees, or loss of earnings)

How does an emergency PFA work?

An emergency PFA lasts overnight and is issued by the on-call magisterial district judge. The order will be granted if the judge believes the victim is at immediate and present danger of abuse without hearing any evidence or statement from the alleged offender. The emergency PFA will require the alleged offender to stay away from the victim until the order expires the following business day. At this point the court is open to hear a petition from the victim for an ex parte protection from abuse order.

What is a preponderance of evidence?

A preponderance of the evidence means that the circumstances as described by the plaintiff are more likely than not to be true.

How long does a PFA last?

A final PFA may last up to three years, but can be appealed at any time during that period. A final PFA will be granted if the plaintiff can prove the allegation of abuse by a preponderance of the evidence. It is at this hearing that the defendant may present evidence that the event did not constitute abuse.

What does a defense lawyer do?

A defense lawyer can mean the difference between you staying in your home and retaining custody of your children. Lento Law Firm will immediately get to work on your defense, as the timing can be extremely short before a hearing is set. If a PFA is granted or a consent decree is agreed to between parties, a competent defense attorney can limit the requirements of the PFA and help you effectively negotiate. Call us at (215) 535-5353 in order to discuss your PFA hearing and how Lento Law Firm can help you.

What is a custody order?

An order to not abuse, harass, or stalk the plaintiff and their minor children. Removal of the defendant from a shared home. Granting of possession of a shared home to the plaintiff. Requirement to provide the plaintiff with suitable housing. Loss of custody rights to children.