Why You Need a Child Custody Attorney if You Have a PFA Against You

In Pennsylvania, a protection from abuse order (PFA) helps keep victims of domestic violence safe from their abusers. Being served with a PFA can affect your reputation and livelihood, and prevent you from seeing your children. If you are the subject of a PFA, it is critical to seek the counsel of the best child custody lawyer in your area.  They can evaluate your case and assist you with any legal processes that may be necessary to preserve or regain custody rights.

How Does a PFA Work?

A PFA prohibits an alleged abuser from contacting or seeing the plaintiff.  When filing for a protection from abuse order, a plaintiff can ask for specific restrictions on contacting or visiting his or her children. This means that if the court restricts contact with your children, attempting to see them or contacting them would be a violation of the PFA.

PFAs and Existing Custody Orders

In some circumstances, a PFA can supersede an existing custody order. For example, if a judge finds that a defendant is likely to abuse the children or remove them from the jurisdiction before a final PFA hearing, custody may be revoked. However, if your children are not named in the restraining order and the judge finds that they are not at risk of being abused by you, your custody rights will not be taken away. If there is no custody order in place, a judge can set forth custody arrangements in a PFA, including prohibiting custody or requiring supervised visitation.

What Happens if I Violate a PFA to See My Children?

Although it’s painful to be unable to see your kids, violating a PFA will not work in your favor. Violation of a PFA may result in criminal contempt of court charges, which can carry penalties of up to six months in jail and a $1,000 fine. A violation could also have an impact on custody and visitation arrangements in the future, and be used against you in other pending court cases. A domestic violence lawyer can help you understand your legal options and advise you on a course of action that may be effective for retaining or regaining your custody rights.

Challenging a PFA

Although you can challenge a protection from abuse order, you will not be able to defend yourself until the final PFA hearing. A temporary PFA lasts for 10 days, so if the order bars you from seeing your kids, it is best to follow that order until your hearing. Having a family law attorney by your side greatly increases your chances of a favorable outcome in your final PFA hearing.  If a final PFA bars you from custody, your lawyer can help you fight it.

PFAs and Child Support

It is important to keep in mind that even if there is a protective order against you, you are still required to provide financial support to your children if it has been ordered by the court. Each circumstance is unique. A Pennsylvania child support lawyer can evaluate your case and provide advice about which types of support you are obligated to pay.

Protection from abuse orders can have a serious impact on child custody rights. Seeking the counsel of our custody lawyers in Chester County, PA can give you the best chance of preserving your rights so you can be there for your children.

This blog was originally posted on https://pa4law.com/why-you-need-a-child-custody-attorney-if-you-have-a-pfa-against-you/

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Thinking of Hiring a Domestic Violence Lawyer? Here’s Why You Should

Domestic violence can have a devastating impact on families and individuals. Whether you are facing charges of domestic abuse or you’re a victim who is seeking a protection from abuse order (PFA), it’s important to seek the counsel of a seasoned attorney to ensure your rights are protected.

Why You Need a Lawyer if You’re a Victim of Domestic Violence

Leaving an abusive relationship takes a lot of strength, especially if you have to face your abuser in court. Your domestic violence lawyer provides the support you need to stay strong and get through it. Your attorney can also help you understand your rights under the law. Some issues that your attorney can assist you with include:

• Navigating legal issues and processes 

• Filing a PFA

• Gathering evidence of abuse

• Filing for divorce

• Obtaining child custody and support

Good divorce lawyers know how terrifying and stressful it can be when you or someone you love is a victim of domestic abuse. Your attorney acts as your advocate and creates a buffer between you, your abuser, and the court system. This can give you peace of mind and help take some of the weight off your shoulders so you can focus on healing and beginning the next phase of your life.

If You are Accused of Domestic Violence, Hiring a Defense Lawyer is Essential

Being accused of domestic violence can turn your world upside down.  Domestic violence charges come with serious penalties and can destroy your reputation, keep you from being able to see your children, and even affect your ability to earn a living and find housing. If someone has filed a PFA against you or you face domestic abuse charges, don’t wait to hire a criminal defense attorney.

A lawyer will investigate your case, gather evidence, and review from the state’s evidence to build a solid defense on your behalf. If domestic violence charges have impacted access to your kids, a domestic violence attorney can also help protect your rights as a parent.

It’s also important to keep in mind that a conviction for a domestic violence-related crime can result in hefty fines and a significant amount of prison time. Depending on the circumstances, your criminal defense lawyer may be able to negotiate with prosecutors to have charges reduced or dismissed.

Your lawyer can explore all possible defenses for domestic violence charges. The attorney may find proof of false allegations or uncover investigative or procedural errors that impact the validity of the charges brought against you. If your case goes to trial, having an attorney who is well-versed in handling domestic violence cases can increase the chances of a positive outcome for your case.

Do you need assistance with a domestic violence case? Our experienced family law attorneys and defense lawyers provide the exceptional legal representation you can trust.

This blog was originally posted on https://pa4law.com/thinking-of-hiring-a-domestic-violence-lawyer-heres-why-you-should/

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What to Do If You Have Been Accused of Sexual Assault

Allegations of sexual assault can be devastating to the accused and their loved ones. Being charged with a sex crime can jeopardize your reputation and have a negative impact on all aspects of your life.  If you or someone you love has been accused of an assault, you may feel shell-shocked and unsure of what to do next. A sex crimes lawyer can protect your rights and help you understand the charges you may be facing.

Contact a Criminal Defense Lawyer

Even if you haven’t yet been arrested or charged with a crime, if someone accuses you of sexual assault it’s critical to contact a criminal defense attorney immediately. A sex crime conviction can have grave repercussions such as prison time and sex offender registration requirements. It can also affect your ability to find employment and housing, and take a serious emotional toll on you and your loved ones.  Having an experienced defense lawyer in your corner can help to ensure you get the best defense possible.

Only Discuss Your Case with Your Attorney

It’s normal to want to tell your side of the story if you feel you’ve been wrongly accused. However, seemingly innocent statements can be turned against you by law enforcement officers and prosecutors. Do not answer any questions or give a statement to police or prosecutors without your attorney present. It’s also important to refrain from talking about the allegations with friends, family, or anyone else. If they are called as witnesses, anything you said to them may be used to make you appear guilty.

Do Not Contact the Alleged Victim

It can also be tempting to want to clear the air with your accuser. This is something you should never do, especially if there is a Protection from Abuse (PFA) order in place. Do not ask someone else to speak to them on your behalf or contact any of their friends or family. If your accuser is an intimate partner or family member, it’s a good idea to seek the counsel of a domestic violence lawyer who has experience handling these types of cases.

Preserve Evidence

Make sure to keep all text messages, voicemails, social media posts, physical evidence, and anything else you think may be relevant to your case. Make a list of potential witnesses and write down everything you can remember about what happened. All of this evidence can help your attorney build a solid defense.

Listen to Your Attorney

Your lawyer’s top priority is to protect your rights and interests. You may have to reveal very personal details about your life and the circumstances of the alleged assault, which can be challenging. It’s important to keep in mind that your attorney is on your side – there are valid reasons why they may ask you to answer certain questions or do certain things.

If you’ve been accused of a crime, contact our criminal defense attorneys to protect your rights today.

This blog was originally posted on https://pa4law.com/what-to-do-if-you-have-been-accused-of-sexual-assault/

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Why You Need an Attorney If You’ve Been Charged with Violating a PFA

Also known as a restraining order, a Protection From Abuse order (PFA) is intended to protect victims of domestic violence. If you have been charged with a PFA violation, a criminal defense attorney can help you understand and protect your rights and advise you of your options. Whether you believe it is valid or not, it is critical to follow all the requirements of a PFA, which usually prohibits all contact with the person who filed it against you.

Penalties for Violating a PFA in Pennsylvania

Depending on the circumstances, PFA violations can result in jail time, costly fines, and a criminal record. You may be held in contempt of court and the length of time the PFA is in effect may be extended by the court. Being held in contempt of court can have significant consequences, including automatic forfeiture of your right to a jury trial.

If you are found guilty of a PFA violation in Pennsylvania, penalties may include a fine of $300 to $1,000, and up to six months in jail or six months of probation. Any firearms you own can be permanently confiscated. If you committed any other crimes while violating a PFA, you can face additional penalties if you are convicted of those as well.

In Pennsylvania, a PFA violation is considered an "indirect criminal contempt of court,” and can even form the basis of its own criminal charge. Even though a judge will decide your fate instead of a jury, having a domestic violence lawyer represent your interests in court gives you a much better chance of avoiding jail time and other penalties.

How a PFA Violation Conviction Can Affect Other Aspects of Your Life

Violating a PFA can also have an impact on other criminal or civil charges you may be facing. For instance, if you are the subject of a PFA and you are also charged with stalking, if you contact the alleged victim, a prosecutor will likely use the violation to demonstrate that you are continuing the harassment. PFA violations that occur during ongoing child custody or divorce cases can complicate matters and result in a court limiting the custodial rights of the parent accused of violating the PFA.

A criminal conviction of any kind can have far-reaching, long-term repercussions. In addition to  impacting family law issues like child custody, a conviction for a PFA violation may adversely affect employment and housing opportunities and may even result in revocation of any professional licenses you hold. If you’re convicted of a crime like sexual assault, you may be required to register as a sex offender as well. Having an experienced sex crimes lawyer by your side is critical to ensuring your rights are protected. An attorney can negotiate with prosecutors to come to an agreement to have charges reduced or dismissed, and fight for a not guilty verdict in court if necessary.

Contact a Criminal Defense Attorney

Being charged with a PFA violation or other crimes can be stressful and overwhelming. Our seasoned team of defense attorneys, drug crime lawyers and family law attorneys provide top-notch representation that can cover any legal problem you may be facing.

This blog was originally posted on https://pa4law.com/charged-with-violating-a-pfa/

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Alcohol and Domestic Abuse: A Dangerous Combination

Alcohol use and domestic violence often go hand-in-hand. Although abuse is not caused by addiction, when someone is under the influence of alcohol or drugs it can make them much more prone to losing control or acting on violent urges. Whether you are a victim of abuse or have been accused of domestic violence, it is important to understand how alcohol use may impact your case. An experienced domestic violence lawyer can help you make sense of it all, and advise you of the best course of action to protect yourself and/or your children.

Correlation Between Alcohol Abuse and Domestic Violence

According to the World Health Organization (WHO), approximately 55% of people who commit domestic abuse did so while drinking. In addition, women who experience domestic violence are up to 15 times more likely to use alcohol. 

A study conducted by the University of Minnesota showed that people who are already predisposed to violent behavior may also be more susceptible to substance abuse.  Specifically, children who grow-up in households where domestic violence and alcohol are prevalent may be at greater risk of becoming abusers and/or substance users later in life.

Distorted Perceptions Can Lead to Violence

Alcohol affects one’s ability to perceive, integrate and process information. Although distorted perceptions and poor judgment are not causes of domestic violence, they increase the risk that the user will misunderstand another’s behavior. This is true for the abuser and the victim if they are both drinking. 

If you are in an abusive relationship, finding an affordable divorce attorney who can help you obtain a protection from abuse order is one way to extricate yourself from the situation. An experienced family lawyer can also provide vital support that empowers you to take action and break the cycle of abuse and addiction. 

Similarities Between Alcohol Addiction and Domestic Violence

Domestic abuse and alcohol addiction have common symptoms that may be managed with the right kind of treatment. These include:

• Continuing to take part in negative behaviors despite undesirable consequences

• Feelings of shame and guilt as a result of the behaviors

• Denying or lying about involvement in the behaviors

• Loss of control

• Escalation or worsening of the behaviors over time

When alcohol use and domestic violence are co-occurring, the likelihood of dangerous—even 

 Fatal— consequences increases. Intoxication can result in an abuser being unaware of the severity of the damage he/she is causing to a victim. On the other hand, if a victim is under the influence, they may be unable to recognize their injuries or ask for help. Regardless of which role each person plays, both domestic violence and alcohol abuse cause deep feelings of shame that often keep people from seeking help. If you have been charged with domestic violence, your criminal defense lawyer can help you get the resources you need to find treatment for addiction and other behavioral health issues. 

How a Family Law Attorney Can Help

Domestic violence can impact divorce and custody matters as well. If you have children, it’s important to find the best child custody lawyer you can. An attorney can assess your case, advise of your options, and help protect your rights.

If you are being abused or know someone who needs help, contact the National Domestic Violence Hotline at 1−800−799−7233 or TTY 1−800−787−3224.

This blog was originally posted on https://pa4law.com/alcohol-and-domestic-abuse-a-dangerous-combination/

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Possible Defenses for Domestic Violence Charges

Arguments can get heated in any family, and sometimes things escalate to a point that leads to serious consequences. Regardless of whether the allegations are true, if you or a loved one are accused of domestic violence, contacting an experienced criminal defense attorney is a must. There are several common defenses to domestic violence charges, and a lawyer can assess your case to determine a defense strategy and help you explore all possible legal remedies. 

False Allegations

Unfortunately, some allegations of domestic violence simply are not true. Yet, if false allegations can destroy lives. For example, an accused parent may lose custody of their children, their job, their home and even their freedom. A Protection from Abuse order (PFA) based on false allegations can leave a permanent stain on your record and reputation, and there are ways to prove that allegations of abuse are false. 

Your domestic violence lawyer can review police reports, 911 recordings, witness statements, and other evidence to show inconsistencies in an accuser’s story. The absence of injuries, lack of corroboration, and proof of a vendetta against the accused are just a few types of evidence that may be used to prove that domestic violence allegations are untrue. Another way your attorney may show that you did not commit abuse is to obtain proof of an alibi if you were not present at the time the incident allegedly occurred. 

Defense of Self or Others

Another common defense strategy is to prove that the accused was acting in self-defense. In these types of cases, your lawyer will utilize evidence to show that the alleged victim inflicted or intended to inflict physical harm, and that the defendant used reasonable force to protect themselves. If the person accused of abuse used force to defend a party such as a child or another household member, this may be a viable defense as well. 

It is important to understand what the law views as “reasonable force.” For example, if a husband slaps his wife and she punches him back, this could be considered a reasonable response to protect herself. However, shooting him may likely be considered excessive or unreasonable force. Self-defense claims in domestic violence cases can be complex, and require the experience and knowledge of good defense attorneys. 

Investigative Errors

Federal and state laws surrounding domestic violence investigations are unique. They often favor the alleged victim and include specific procedures that must be followed by police. Even if you committed domestic violence, if police or prosecutors made procedural errors during your arrest or the investigation, your attorney may be able to get charges dismissed or obtain an acquittal. Some common errors that law enforcement often make include:

• Arresting you or conducting a search without probable cause

• Failing to read your Miranda rights before questioning

• Denying your request for an attorney

• Chain of evidence issues

In some states, police are required to make an arrest on behalf of the state, even if an alleged victim does not want to press charges. In every case, however, the state must prove the charges beyond a reasonable doubt. 

Be Candid with Your Attorney

When your freedom, reputation, and family are on the line, being completely honest with your domestic violence lawyer is vital. Your full cooperation and collaboration will help them develop the best defense possible. 

If you or someone you love is a victim of domestic violence, contact the Domestic Violence Center of Chester County at 888-711-6270 or 610-431-1430, or the National Domestic Violence Hotline at 1-800-799-7233 or TTY 1−800−787−3224.

This blog was originally posted on https://pa4law.com/possible-defenses-for-domestic-violence-charges/

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When Can You Claim Self-Defense?

In Pennsylvania, charges like assault, domestic violence, and homicide can come with serious repercussions that affect you for the rest of your life. If you believe that you have grounds to claim self-defense or defense of others, it is important to understand that this approach must be raised by a skilled attorney. Before you speak to any law enforcement officers, prosecutors or anyone else make sure to discuss your case with an experienced criminal defense lawyer. 

What is Self-Defense?

In certain circumstances, claiming self-defense or asserting that you were defending others can be an effective defense that results in a verdict of not guilty. For self-defense to be considered justified, the use of force must be immediately necessary, and you must have no choice and must reasonably believe the use of force was necessary to protect yourself or others from imminent bodily harm. 

Elements of a Self-Defense Case

Although the state has the burden of proof in criminal defense cases, for self-defense to be a viable strategy, it is important to show that certain factors influenced your decision to respond with force. These elements include:

Belief – The first element of self-defense is subjective belief. This means that you must have reasonably believed that you or someone else was in imminent danger at the time of the use of force.  

Immediate Necessity – In addition to believing that the use of force was necessary, you must also believe that it had to be used immediately. If there was any possibility that you could have retreated or was only a threat of future harm, self-defense may not work. Although Pennsylvania does have a “stand your ground” law, it only applies in limited circumstances. 

Unlawful Force – Self-defense can only be used when someone is confronted with the use of unlawful force. In certain circumstances such as an arrest, the use of force can be lawful. For example, if you injured or killed a police officer while resisting arrest, typically self-defense would not apply. 

Present Occasion – Fear of harm must be present at the time when force is used in self-defense. Even if someone attacked you in the past, you may not initiate an unprovoked attack and then claim self-defense. For example, if you have been abused by your spouse and have left the home, you should call the police and a domestic violence lawyer instead of attempting to find justice or revenge by preemptively attacking your spouse the next time you see him or her. However, knowledge of someone’s violent past behavior can affect the determination of whether your use of self defense was “reasonable.” 

Establishing Self-Defense or Defense of Others

The prosecution will work hard to disprove your claim of self-defense, so, it is important to have an attorney who knows how to put together all of the evidence and build a solid case. Some common types of evidence that can be valuable in self-defense cases include: 

• Eyewitness testimony 

• Footage from security cameras, phones, and other recording devices

• Photographs and medical records of any physical injuries you sustained 

• Damaged clothing and personal items

• Any other evidence that is relevant to your specific circumstances

Communications such as text messages, emails, and voicemails that preceded the incident can be particularly important in cases involving domestic violence. Regardless of the circumstances, if you have been charged with murder, assault, or another violent crime, you are entitled to competent legal representation. 

If you or a loved one is facing criminal charges, our defense attorneys may provide the quality legal counsel you can trust.

This blog was originally posted on https://pa4law.com/when-can-you-claim-self-defense/

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