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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 court's to enter a custody/visitation order, make you pay child support, take away weapons, and a host of other servere 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 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. |
Protection From Abuse Act |
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Pennsylvania PFA - Protection From Abuse Act Stay strong. If you are defending against a PFA petition, this is not the time to agree to a permanent Protection From Abuse Act Order without questioning the "deal" offered to you. Why? Too much is riding on this. A permanent PFA Order goes on civil docket as proof that you are an "abuser." It has the appearance of a criminal conviction for the world to see, free of charge. In other words, those searching the civil dockets for information about you might not care that the PFA Order is only "civil" as opposed to criminal. Plus, the deal offered to you may include langauge about depriving your important rights to custody, visitation, the right to carry firearms, and other restrictions on your freedom. Get Prepared. You will get a hearing on whether the temporary PFA Order becomes permanent. This is a critical time. Your lawyer will tell you how to prepare for the hearing. Keep in mind that everything you say can be used against you in other future disputes over custody, support, and other matters that you might not envision. Plus, at your PFA hearing, the court can enter an order that restricts your important rights to custody, visitation, the right to carry firearms, and other basic rights. Try to Win This. Your lawyer can propose to the other side a settlement agreement that stop far short of all the remedies that might be available to the othre side under the PFA Act. If petition refuses to settle and the case must go to a hearing, your lawyer can find points to use for cross examination of every witness who plans to testify against you. The opposing party and her attorney will know right away that you are prepared. This will set the stage for possible victory in court or an agreement for the outright dismissal of the PFA. Know When To Settle. Taking your case to a hearing involves risk. The courts have broad powers to enter up to a three year PFA, precluding you from having contact with a significant other (and even your children), order child support, take away weapons, and enter other stringent restrictions of your rights. You should know when to accept a deal and what should be included in the language of the settlement agreement. Our Experience. We have considerable experience getting PFAs disimssed short of a hearing. We take every PFA (protection from abuse) case seriously because we know the consequences for you. Part of our practice involves getting criminal records expunged and we see first hand the problems people face once a permanent PFA goes on their record. For this reason, we fight hard. Facing Complexities. Rarely is a PFA about one instance of "abuse." The PFA is usually part of a broader issue: a break up, or a couple who dates each other for too long, or may there's a child custody dispute, a divorce, one party trying to get the other party out of the house, etc, etc. Our firm also handles family law so we can skillfully advise you about all matters in your case, not just the PFA. Give Us A Call. Give our Pittsburgh attorneys a call for any case in Allegheny County, Beaver County, or Washington County. We want to help. |
412.780.0008 |
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all rights reserved Todd W. Elliott 2008 |
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412.780.0008 |
Western Pennsylvania 425 First Avenue, Pittsburgh, PA 15219 412.780.0008 |