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.
By representing your rights and interests in court, attorney Lento can vigorously fight for justice on your behalf. If you have found that there is a PFA against you, call the Lento Law Firm at (215) 535-5353 or contact us online to schedule a free consultation and begin your defense against these groundless accusations.
Apr 15, 2015 · If you or someone you know is facing a PFA in Maine, I encourage you to contact The Nielsen Group for your free legal consultation. We will take the time to answer your questions and to put your mind at ease as we work with you to determine a defense strategy. It is well worth your time to check out: Our recent proven case results
Call or Text 412-969-2540 right now for a FREE initial legal consultation. Speak directly with David J. Shrager 24 hours a day, 7 days a week. Shrager Defense Attorneys in Pittsburgh, PA will attack your criminal charges in order to protect your good name.
If you can show the judge in your PFA hearing that your accuser can't prove abuse, your PFA will be dismissed. Call Lento Law Firm today at (888) 535-3686 to talk to an experienced Pennsylvania PFA defense lawyer about your case.
If you wish to drop the PFA, the Court Clerk's office has the necessary forms. You will need to complete the forms and then have the Judge who issued the “No Contact” Order sign off on your dismissal. Do not drop the PFA if you still have concerns about your or your child(ren)'s safety.
Penalties for Violating PFAs In Pennsylvania If you are found guilty of criminal contempt for violating a PFA, your penalties are either: Up to six months in jail and a fine of $300 to $1,000, or. Up to six months probation and a fine of $300 to $1,000.
The temporary PFA usually lasts for 10 days; after that time, the Montgomery County Family Court will schedule a final PFA hearing. At the hearing, a judge will either lift the temporary PFA or issue a final PFA (which lasts three years).
Typically, either the victim or the defendant can ask the court to lift the restraining order. This is usually completed by filing a motion with the court, such as a Motion to Modify Conditions of Pretrial Release or a Motion to Lift Restraining Order. This legal motion must usually identify the parties.
Violating a PFA order can be a class A person misdemeanor. Violation of an extended PFA, which was extended for at least 2 years due to the defendant violating the first order or due to him/her being convicted of certain crimes against you, can be a level 6, person felony.
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.
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). A person can file for a PFA order from the court for themselves, or on behalf of their minor children.
Pennsylvania does not have an actual crime for violating a PFA order, instead, the charge of "indirect criminal contempt of court" will be used as the punishment for violating a PFA order. Contempt of court is entirely different than a normal criminal charge.
You can file to extend your order by returning to the courthouse and filing for an extension of your PFA. The judge can extend a final PFA if s/he believes that: the abuser committed one or more acts of abuse while you had the final order; or.Aug 3, 2021
This type of order is generally made at trial. A court can extend an order. You can do this via an application for an extension hearing. The hearing can take place up to 1 year after your first restraining order.Jan 29, 2021
Plaintiffs can file a Motion to Modify their Final PFA by appearing at the PFA Department any morning before 11:00 a.m. They will need to complete paperwork and appear before their assigned Judge for a brief hearing.
When a PFA is brought, often a temporary PFA order will go into effect for 21 days. This temporary order is intended to prevent you from having any contact with the individual who brought the PFA against you. As soon as you are holding the notice informing you that a temporary order is in effect, any violation of the order by you could result in ...
Depending on your circumstances, a protection from abuse (PFA) order can prevent you: From entering your home. Require the removal of all of your firearms from your possession. Prevent you from possessing any other firearms. Hinder or prevent you from seeing your children or pets. Affect your parental rights.
A temporary order will continue through the completion of the PFA Hearing date, which will be scheduled within 21 days. As soon as you receive the PFA paperwork, it is important to start preparing for the PFA Hearing as soon as possible. Getting a lawyer involved to start preparing your defense can be essential.
A lawyer will work with you to ensure your goals are met, and use their knowledge and experience to help you avoid the dangerous consequences mentioned above. Having an attorney in your corner can help with negotiating a fair agreement, or help ensure the judge hears your best case at a formal hearing.
The person who brought the PFA against you cannot give you permission to violate it. Even if they tell you it is okay to see them, having contact with them can still result in you being arrested for a Class D crime, punishable by up to 364 days in jail and a $2,000 fine.
It is very understandable that you might want to contact the plaintiff after the PFA has been brought against you to see if you can smooth things over with that person. Unfortunately, the temporary order that was likely attached with the PFA paperwork prohibits you from having any contact with the other person.
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.
BEING PLACED UNDER A PFA IN PENNSYLVANIA. A Protection From Abuse Order (PFA) is like a restraining order. Violations of a PFA can result in criminal charges and up to six months in jail. It is meant to protect a victim from abuse, but the right to file a PFA order is also widely abused. In the end, it can mean that you will be restricted ...
A PFA is a no-contact order. If you violate any part of a PFA order, or are alleged to have violated a PFA order, you can be placed under arrest. This includes emailing, texting, phone calls and any form of physical contact. Even if your email or text does not say anything threatening and only says nice things, you are still in violation of a PFA order. Even if the alleged victim is lying, the police can still arrest you with no further evidence needed.
If you are found guilty of domestic violence, you face serious criminal charges, which could come with a permanent scar on your record, not to mention prison time and hefty fines.
I agree with Atty. Costopoulos. You do not have an option other than hiring counsel because your ex absolutely can not speak with you or he risks violating the PFA. Additionally, you need to have any agreement for custody filed with the court. Simply having it notarized and putting it in a drawer does not make it an enforceable document.
You will need to retain an attorney to file a petition to amend the contact provisions of the PFA. The attorney can also draft a custody complaint and proposed custody agreement. If you both sign the agreement then it will be adopted as a court order.
If necessary, the order can be extended more than once. There is no limit on the number of extensions that may be granted. 3. In addition, if there was a violation of the PFA and a criminal contempt hearing is pending, your PFA will be extended until the end of the criminal hearing and possibly longer. 4.
The judge can extend a final PFA if s/he believes that: the abuser committed one or more acts of abuse while you had the final order; or. the abuser behaved in other ways that indicate a continued risk of harm to the you or your child. 1.
As a general rule, temporary PFA's in PA are almost always granted until the next (Final) hearing, usually within 10 days. The fact that most temporary PFA's are granted is a big problem, especially for the accused, who may have done nothing wrong. Your attorney should be able to collect proof that you were not even out of work at 3 p.m.
Take documentation of your work schedule with you to the final PFA hearing. If you can't get that or don't have any documentation, bring a co-worker (preferably your boss or whoever handles scheduling) with you to testify on your behalf. Should be easily tossed out. More
A PFA proceeding is civil in nature, which means the burden of proof is a lot lower than in a criminal case. My experience has been judges do not put a lot of stock in wrong dates or times finding that someone alleging assault or sexual abuse is most likely to distraught to be accurate and will still issue the PFA.
Honestly, you shouldn't be posting details about this case on line. This is a publicly accessible forum. Anyone can see what you wrote and what your defense in the case is. These are details which should be discussed with an attorney in person. You have an attorney. Trust your attorney. Ask your questions of your attorney...
For example, if your attorney has advised you not to do something criminal but you insist on doing it anyway, he or she may withdraw from the case. An attorney may also withdraw if you insist on acting in a way that he or she finds morally repugnant or fundamentally disagreeable.
The Rules of Professional Responsibility encourage attorneys to work with clients until their legal matter is completely resolved. However, the rules also recognize that it’s not always in the client’s best interest to require the attorney to stay on. Therefore, there are situations when you should get new lawyer.
Client’s Failure to Pay: Cause for Withdrawal. Your lawyer can also drop you as a client if you fail to pay your legal bills. However, he or she must give you reasonable warnings and opportunities to pay your bills first.
In general, it’s much easier for you to fire your attorney than for your attorney to drop you as a client. But an attorney can withdraw if it won’t have a large, negative impact on you, the client, or if the attorney has a compelling reason.
The sensitive information you share also makes it tough to replace your lawyer if they quit. However, while it’s often ideal to have the same attorney represent you from the beginning to the end of litigation and appeals, it’s not always possible or even smart.
Some members of Congress have been complaining for a few years, since the age of the media-proclaimed “scandal,” that federal workers should lose their retirement if terminated for cause — any misconduct in the performance of job duties.
It should be no surprise here that no one on the Hill is saying that the law should be changed to disenfranchise a member of Congress from his/her federal retirement if he or she engages in an ethics violation or other misconduct that costs them their jobs.
For most any federal worker who is fired for poor performance or for cause, you will not lose your retirement eligibility. If you’re fired and eligible at the time of termination for an “immediate” retirement annuity, you can also file for your retirement annuity after termination, or instead at the time of termination you can simply retire in lieu ...