Archive for June, 2010

PFA nuts and bolts

Friday, June 25th, 2010

Last month I attended a CLE on the Protection From Abuse (PFA) Act in Pennsylvania. For those of you who may be in need of seeking a PFA or may be a Defendant who has been served with a PFA, here are the nuts and bolts:

I. A PFA is an Order of Court available to victims of domestic abuse. Generally, the Order prohibits the Defendant from contacting the victim for a specified period of time.

II. A person may obtain a PFA against a spouse or former spouse, current or former paramour or sexual partner, a parent, child or another person related by blood or marriage who has been abusive towards them.

III. PFA’s may also be used to exclude a person from a residence or place of work, restrict a person from contact with a child, order temporary custody or support and turn over any weapons or firearms that the Defendant may have.

IV. A Temporary PFA remains in effect for 7 to 10 business days until a court hearing is held before a Common Pleas Judge.

V. At the court hearing the Final PFA could be ordered to remain in effect for up to 36 months. 

VI. Various defenses are available to a Defendant if you have been unfairly targeted or falsely accused of abuse.

VII. If an individual violates a PFA Order by contacting, harassing or threatening the Plaintiff (even through a third party), then that individual could face a charge of Indirect Criminal Contempt which could result in up to 6 months of jail time.

As with most every matter involving the courts, I encourage every PFA Plaintiff and Defendant to seek the representation of an attorney.Inflatable Happy Clown Bouncer

- Dan Nevins

DUI Law program on BCTV

Sunday, June 20th, 2010

Please check out the DUI law program on BCTV. Replays this week Monday at 10am and Tuesday at 3pm. Panelists include me, Dan Nevins, along with local DUI Prosecutors and another Criminal Defense Attorney. Here’s the link: http://www.bctv.org/special_reports/basic_needs/vmix_07b4c3c8-794e-11df-aec9-001cc4c002e0.html