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Pennsylvania Protection From Abuse Orders Defense Lawyer
Pittsburgh Domestic Violence Lawyer PFA Orders (Protection from Abuse Orders) are one of those extra protections. There is an additional level of protection offered by a Protection from Abuse Order over and above the protections offered by the crimes code. At Logue Law Group, we experience helping out the victims of domestic abuse to get that extra protection with a PFA order as well as assisting those who are accused of domestic violence. If you are a victim of domestic abuse or domestic violence then you should immediately call the National Domestic Violence Hotline.PFA in Pennsylvania
In cases of domestic violence or domestic abuse in Pennsylvania, the victim of the alleged case can file for a Protection from Abuse Order. In that case they would be entitled to certain rules that will make the offender abstain from:
- further acts of abuse;
- returning to the victim’s household; or
- entering the victim’s residence, workplace, or school.
Along with the above stated factors, the order could state a temporary custody or payment of support towards the victim. If you are an alleged accused, but believe you are innocent, do make sure that you do not violate any of the terms or laws that are stated by the court and follow the alleged abuse. This could further degrade your case and complicate it unnecessarily, leading you to get additional punishments.Who is Eligible to Get a Protection From Abuse Order
There is a general misconception among the public that anyone who is being threatened by someone is eligible to file for a Protection from Abuse Order. But the reality is something very different from this assumption. To apply for a PFA, the accuser and the accused need to be related. There either needs to be a familial relationship or/and a romantic relationship or could be an old intimate relationship as well. You can always take the help of any Pittsburgh PFA lawyer to understand the clauses in detail. Other than these criteria, a person cannot apply for a PFA. In cases of threatening and abusing people who are not related, it becomes a criminal offence directly and falls under separate laws. But, it is not a criteria under which PFA could be obtained.How to File for a PFA?
There are pleadings that can be filed by you or your hired lawyer. But for Protection from Abuse Order, the one seeking the order has to file it. Your lawyer would not be able to do it. Though it is always advisable that you take the help of your Pittsburgh PFA lawyer to prepare for the case and during the hearing which is scheduled on the basis of your petition. The hearing in many cases is called under as what is known by ex parte hearing by the court. This means that the accused would not be present in the hearing to determine if a temporary order should be passed or not. To determine if the PFA is long-term warranted, then another final hearing date is announced by the court.Need for a PFA Lawyer to Get PFA
Through our several years of experience at Logue Law Group, we have had many clients who ask us if a lawyer is absolutely needed to file and get a PFA order. In most counties of Pennsylvania, the court does not provide a lawyer for you. To obtain the PFA order, you would be having a hearing in the Court of Common Pleas. In this hearing, your abuser could be summoned. Your abuser would have the right to defend themselves, so it is natural that they would be having a lawyer by their side, even if you decide to not. If this happens, that is, your abuser has a lawyer and you don’t, you could easily be at a disadvantage even being the victim. So it is suggested that if you are seeking for a Protection from Abuse Order then you hire a good Pittsburgh Domestic Violence lawyer.Need for a PFA Lawyer to Defend Against.
The accusations within the Protection from Abuse Order gives rise to criminal charges, which is the reason why if you have been accused of abuse, you should get a Pittsburgh Domestic Violence lawyer. This is so because things you say in the court could be easily used against you whether or not the accuser has a lawyer by their side. Your comments could be easily used against you in criminal proceedings. Even if you are innocent and the charges against you are fabricated, you should not go to the hearing without a lawyer. Having a lawyer by your side would help you to create a good defense against the charges.Building a Defense Against Domestic Violence
You need to get a domestic violence lawyer in this case. Building up a good defense against domestic violence is difficult especially when this charge can easily lead you towards criminal charges. Your defense attorney would bring out good defenses from reading the entire case. One good defense that can be placed in front of the court during the hearing would be self-defense. It could be the case that the accuser had attacked you first and you had only defended yourself. Provocation is also taken as a valid defense reason in domestic violence cases. In some cases, the accused does not intend to physically abuse or hurt the accuser. If that is the reason and can be proved then you will not receive any punishment. Another defense is that of insanity. Setting the defense as the alleged incident never happened for you, is also an option. The defense thus needs to be discussed with your attorney and strategize accordingly.What Falls Under Domestic Abuse or Violence?
Pennsylvania defines domestic abuse or domestic violence as abuse or violence done towards family members, household members, people in a romantic or intimate relationship. The following are the domestic violence categories for which severe punishment could be given:
- causing or attempting to cause bodily injury;
- sexual assault;
- assault or aggravated assault;
- false imprisonment;
- abusing a child; and
The police can make arrests even without arrests if there is substantial evidence towards these following crimes: involuntary manslaughter, simple assault, aggravated assault, reckless endangerment, terroristic threats, or stalking against a family member as Per 18 Pa. Cons. Stat. 2711(a).Consequences Against Domestic Violence Charges
Even though it is not a criminal charge, you could lose your gun license if found guilty in this charge. The other criminal charges will differ according to the charges levied on you by the accuser. And if you violate PFA after the verdict, you might be sentenced to jail and other penalties.Consult a Good PFA Lawyer
Handling the PFA charges on your own whether you are the accuser or accused, would be immensely hectic and dangerous. Consulting a good PFA lawyer would help you get justice. We at Sean Logue Law help you with these complications. Give us a call today at 844.PITT.DUI.
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