Defending Against PFAs in Pittsburgh

False accusations of domestic violence can have a grave impact on your life. You need to protect your rights by defending against a false Protection from Abuse (PFA) Petition or criminal charges arising from a PFA order.

Our Pittsburgh protection order lawyers at Pittsburgh Divorce & Family Law, LLC understand that people are often falsely accused of domestic violence. With years of experience in helping people defend against these accusations, attorney Anthony Piccirilli will work tirelessly to ensure that you are not labeled as a domestic abuser.

What Happens When a PFA is Filed Against You?

In Pennsylvania, a restraining or protection order is known as a PFA Order. When individuals make accusations of domestic violence, one of the first steps they usually take is to petition the court to grant them a PFA.

From there, a hearing must be held within 10 days of the petition being filed. It is here that the alleged victim is required to make their case in court. If the judge believes their story, they will sign a protection order that can last for up to three years. Unfortunately, people often attempt to obtain a PFA order without cause, wreaking havoc on the life of the person they have accused of domestic violence.

Possible Criminal Consequences of Domestic Violence Accusations

It is not uncommon for the civil proceedings of a PFA order to lead to a criminal trial. This is because the hearing for a civil domestic abuse case contains many elements that are consistent with a criminal trial.

During the hearing of a domestic abuse case, the accuser is allowed to present evidence and witnesses to prove that abuse is taking place. In cases where the accuser is granted a PFA order, they may be tempted to pursue criminal charges.

A criminal conviction for assault or battery can be devastating. You may face additional fines, incarceration, and a permanent criminal record. Your ability to obtain a job and find affordable housing may also be affected when background checks reveal that you were found guilty of a violent crime.

How Else Can a PFA Order Affect Your Life?

Having a PFA ordered against you without your ability to attend the hearing can have a significant impact on your life, particularly if you are in the midst of a divorce or child custody battle. If your spouse or parent of your child obtains a PFA against you, it could limit your ability to see your child and make it extremely difficult to maintain a co-parenting agreement.

Can a Criminal Case Impact a Civil Case?

While the civil and criminal court systems are separate, there is no doubt that one can impact the other. An outcome of a criminal case in your favor can disprove the allegations during a divorce or child custody dispute, helping you obtain an equitable result. A finding against you in criminal court could be used against you during your family matter.

Disputing PFAs Based on False Accusations

In many cases, a person may attempt to obtain a PFA order under false pretenses. When this occurs, let us help you re-establish your reputation. We will offer up a variety of evidence, including character references, to show the judge you are not a violent person and that you are a good and stable parent.

We may also gather evidence of your accuser’s ill intent, such as if they are attempting to influence the case or get you in trouble out of anger, resentment, or jealousy. There may be a variety of evidence, such as communications between you and your accuser, that prove or support that they are lying.

If these false allegations have arisen due to the other individual’s mental health issues, then we may petition the court to require the other person to be evaluated by a certified and appropriate mental health professional.

How Are PFAs Obtained for False Accusations?

While Pennsylvania law officially states that only legitimate cases of abuse or neglect will result in an order being issued, the court commonly approves initial petitions that are submitted.

From there, it is all too easy for an ex-spouse or family member to present false evidence. Many spouses use PFAs to lessen the hardships of the divorce process.

Rather than go through the time-consuming and expensive process of a custody battle, some parents opt for a PFA order to suspend the other parent’s custody rights. It might also be the case that an ex-spouse simply wants revenge. Issuing an order that risks fines and jail time is often seen as the ultimate form of payback.

Let Us Fight for Your Rights

If you have been accused of domestic violence in a civil proceeding, you may be worried about the restrictions or criminal charges that could follow. While fighting against a PFA order is difficult, it is not impossible. At a protection from abuse hearing, the accused is given the chance to make their case. They are allowed to fight the accusations against them. It is here that the services of a skilled attorney are invaluable.

Our Pittsburgh protection order lawyers at Pittsburgh Divorce & Family Law, LLC will fight to protect your innocence and reputation. Attorney Anthony Piccirilli will do whatever it takes to tell your side of the story before a protection order is issued.

Call (412) 471-5100 to see how your best interests can be protected.