Posts Tagged ‘Berks County PFA’

PFA Dismissed / Firearms & License Returned To Client

Tuesday, January 28th, 2014

Attorney Ryan W. McAllister recently represented a client who had a protection from abuse (PFA) order filed against him by an ex-girlfriend. On the day of the hearing, Attorney McAllister was able to successfully negotiate a settlement, without any admissions by our client, whereby the “temporary PFA” was extended for a short period of time, after which the “temporary PFA” would expire. Under the terms of a normal PFA, a Judge has the authority to grant a PFA for a maximum of three (3) years.

Immediately after the “temporary PFA” expired, Attorney McAllister was able to get a Court Order directed that the Berks County Sheriff’s Office return the firearms and permit to carry that were taken from our client. Although our client was very nervous and scared at the start of the PFA case, he was very happy that Attorney McAllister was able to successfully navigate him through the court system and secure a positive outcome.

If you or someone you know is facing a protection from abuse (PFA) case in Berks County or Reading, Pennsylvania, please contact our firm right away at 610-372-5128. One of our experienced and dedicated attorneys will be happy to meet with you to discuss your case in more detail. We look forward to hearing from you.

Berks County PFA (Protection From Abuse) Case Filed Against Our Client Dismissed After Hearing

Wednesday, December 4th, 2013

Attorney Ryan W. McAllister recently represented a client in the Berks County Court of Common Pleas who was the defendant in a Protection From Abuse (PFA) case that was filed against him. A PFA is a civil court order, but violation of the civil court order can lead to criminal charges and jail time. In this case, our client’s ex-girlfriend filed the PFA case against him seeking to prevent him from having any contact with her. Although this wasn’t a big deal to our client since had had begun dating someone else, the major concern, from a legal standpoint, is that an active PFA opens our client up to the possibility of false accusations and arrests.

In other words, once a PFA is filed against our client, all it takes is one (1) phone call to the police from the PFA Plaintiff, also known as the “protected party”, accusing our client of simply making a phone call or sending a text message in violation of the court order. With that one (1) phone call, our client can be arrested and locked up in jail pending a court hearing.

In this case, our client did not trust the PFA Plaintiff, and he was legitimately afraid of the possibility of false accusations. On top of that, our client 100% denied the accusations contained in the PFA, and he rightfully felt that he shouldn’t have to suffer any consequences by “agreeing” to the entry of a PFA order against him. Therefore, Attorney McAllister and our client made the informed decision to “fight” the PFA case. There was a court hearing before a Berks County Judge, and numerous witnesses testified in the case. At the end of testimony, Attorney McAllister made a compelling argument to the Judge to have the case dismissed.

Ultimately, the Judge did issue and order dismissing the PFA case. Our client was able to go on with his life without the burden of an active PFA hanging over his head. Needless to say, our client was very happy with the outcome of his case. If you or someone you know is dealing with a protection from abuse (PFA) case in Reading, PA, or Berks County, Pennsylvania, please contact us right away at 610-372-5128. One of our experienced and dedicated attorneys will be happy to meet with you to discuss your case in more detail. Additionally, we offer free consultations in PFA matters.

PFA Dismissed in Berks County

Wednesday, July 31st, 2013

Attorney Ryan W. McAllister recently represented a client who was a defendant in a Protection from Abuse (PFA) case in Berks County, Pennsylvania. Our client originally appeared in court without an attorney. At that time, our client was requested to voluntarily enter into an agreement whereby the PFA would be in effect against him for a period of several years. After consulting with Attorney McAllister, however, it became apparent that our client had a potential defense to the PFA case against him.

Therefore, Attorney McAllister requested a formal PFA hearing before the Judge in the case. Additionally, Attorney McAllister had his client secure pictures of his injuries sustained during the altercation between the parties. On the date and time set for the formal hearing, the plaintiff in the PFA case, the one who initially filed the case, didn’t show up for court, despite being a previous court hearings. As a result, Attorney McAllister made a motion to dismiss the PFA case, which was granted by the Judge.

Many times, when faced with having to testify, along with evidence favorable to a defendant, a plaintiff in a PFA case will elect not to proceed or simply fail to show up for court. That is why it is always important to have an experienced attorney assisting you in PFA / protection from abuse matters. Without an attorney, many times defendants simply “agree” to the PFA, which is usually not in their best interest.

If you or someone you know is involved in a protection from abuse / PFA case in Berks County, Pennsylvania, or Reading, PA, please contact us right away at 610-372-5128. One of our dedicated attorneys will be willing to discuss your case in more detail and offer their valuable insight and advice.

PFA Dropped Prior to Hearing

Friday, June 15th, 2012

This week, Attorney Ryan W. McAllister represented a client who had a Protection from Abuse Order (“PFA”) filed against her by a relative.  A temporary PFA was granted by the Judge, but that was before our client hired an attorney and had an opportunity to present a defense.  Therefore, in preparation for the final PFA hearing, our cleint retained Attorney McAllister, and Attorney McAllister prepared a strong defense, which included bringing two (2) witnesses to the hearing.

Once Attorney McAllister, his client, and the two (2) witnesses showed up at the courtroom, the relative who filed the PFA quickly realized that she had a losing case.  Rather than proceed with the hearing, Attorney McAllister was able to negotiate to have the relative who filed the PFA voluntarily withdraw the PFA that was filed against our client.

In this case, having a dedicated and experienced attorney made a huge difference in the outcome of our client’s case.  She was initially facing having a PFA granted against her for up to three (3) years.  Instead, our client walked out of the courtroom free and clear from any type of PFA.  Needless to say, our client was very happy with the outcome of her case.

If you or someone you know is involved with a Protection from Abuse / PFA / Indirect Criminal Contempt / ICC case, call our office right away at 610-372-5128.  Any one of our attorneys would be happy to discuss your case in more detail.

Client Not Guilty of Alleged PFA / ICC Violation

Monday, July 18th, 2011

Last week, I (Attorney Ryan W. McAllister) represented a client charged with violating a Protection from Abuse (PFA) Order in Berks County.  My client allegedly sent text messages to the PFA Plaintiff and “stalked” her outside of her house in the early morning hours.  My client adamantly denied that he violated the PFA, so I got to work gathering as much evidence as possible in the case.

First, I got the most recent copy of the PFA, which was from the Summer of 2010.  This was important because this was actually an “amended PFA”.  Specifically, the PFA Plaintiff, the alleged “victim” in this case, actually went in to court, on her own accord, and asked the Judge to make the PFA less restrictive than it was.  My client and the PFA Plaintiff did not have any kids together, so it was apparent that the PFA Plaintiff simply wanted to continue having a relationship with my client.

Second, with the assistance of my client, I was able to get data on text messages that showed the PFA Plaintiff, the alleged “victim”, was contacting my client via text message many more times than my client was contacting her 充气水滑梯!

Third, my client had an alibi defense in regards to the allegation of stalking.  I was ready to present two (2) witnesses at the PFA hearing to demonstrate to the Judge that accusations of the PFA Plaintiff were entirely baseless.

When the alleged “victim” found out about the vigorous defense that was planned for the case, she quickly decided to drop any and all charges.  By the time the case was over, even the police officers involved considered the allegations in the case “suspect”.  Although I did pursue the potential for a “false report” criminal prosecution, those cases can be extremely difficult to prove.  Neverthess, I’m sure the PFA Plaintiff will think twice before trying to bring my client up on bogus charges in the future.

My client and his family were very happy about the outcome of the case.  If you or someone you know is facing a court hearing in regards to a Protection from Abuse, PFA, Indirect Criminal Court, or ICC case, contact my office today at 610-372-5128.  I would be happy to offer a free consultation to discuss the case in more detail.