3 Types of PFAs in Pennsylvania

Victims of domestic violence deserve protection from their abusers. In Pennsylvania, a protection from abuse order (PFA) is a civil remedy that prohibits an alleged abuser from communicating with and harassing or stalking another party. Whether you have been served with a PFA or you’re a victim of domestic violence, understanding the three types of PFAs in Pennsylvania is critical.

1. Emergency PFA

When courts are closed after hours or on a weekend or holiday, it’s possible to get a temporary PFA by contacting your local police department. They can direct you to the magisterial district judge that handles emergency PFAs in your jurisdiction. If the judge determines that you’re in immediate danger, they may grant an emergency protection from abuse order. This type of order typically only lasts until the appropriate court is open where you can file for a temporary PFA.

It’s important to keep in mind that if you do not apply for an ex parte PFA on the business day when the court opens, the emergency order expires. Lawyers for domestic violence victims can help you navigate the process and provide the legal support you need.

2. Ex Parte Temporary PFA

In legal terms, ex parte means that an order can be granted to the person who requested it without requiring a response from the other side. When you file for a PFA, the judge will likely give you a temporary PFA if they believe you or your children are in danger and need immediate protection.

A temporary protection from abuse order will be in effect until your hearing for a final PFA, which is typically scheduled within10 business days. At the hearing, both you and your alleged abuser have the right to testify and present evidence.  If you’ve been served with a PFA and want to fight it, a defense lawyer can help you prepare for the final PFA hearing and represent yngou in court.

3. Final PFA

At the final PFA hearing, both sides may present evidence, testimony, and witnesses to back up their claims, and then a judge decides whether a final PFA is granted. A final protection from abuse order can last up to three years and may be extended in certain circumstances, such as if an abuser harms you again or behaves in other ways that demonstrate a continued risk of harm while while the final PFA is in place.

Who Can Get a PFA in Pennsylvania?

In Pennsylvania, only certain household or family members may request a Protection from abuse order. This includes a spouse, intimate partner, sibling, parent or child, another family member related by blood or marriage, or someone with whom you have a child. If you’re a victim of sexual violence or intimidation by someone other than a partner or family member, a sexual abuse lawyer can help you obtain a different kind of protective order, such as a sexual violence or intimidation protection order.

Regardless of whether you’ve been abused or need legal representation because you’ve been accused of abuse, our team of domestic violence lawyers, criminal defense attorneys, and sex crimes attorneys can help.

This blog was originally posted on https://pa4law.com/3-types-of-pfas-in-pennsylvania/

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Marijuana Laws in Pennsylvania: What You Need to Know

As more and more states legalize marijuana, and federal pardons are given for simple possession of cannabis, it can be confusing to know what is and is not legal in your state. Although possession of a small amount of marijuana is no longer a crime in certain counties in Pennsylvania, it is still illegal unless you have a valid medical marijuana card. If you’re facing charges, a drug crime lawyer can help you understand the law and safeguard your rights.

Is Simple Possession of Marijuana Decriminalized in PA?

The simple answer? No. However, possession of up to 30 grams of marijuana or 8 grams of hashish has been decriminalized in Philadelphia and Allegheny counties. This means it is now a civil violation that results in a fine of $25 if you are caught possessing it or $100 if the police find you smoking it. You can still be arrested and charged for possessing it or consuming small amounts in other jurisdictions in Pennsylvania.

Penalties for Simple Possession of Marijuana In PA

Under Pennsylvania law, possessing 30 grams or less of marijuana is a misdemeanor that comes with a $500 fine and up to 30 days in jail. If you possess more than 30 grams, you will still be charged with a misdemeanor but may pay a fine of $5,000 and up to one year of incarceration. In addition, if you’re charged with possession a second time or multiple times, you can face fines of up to $25,000 and three years in jail. If police observe that the marijuana is packaged with intent to sell, you may face felony charges.

Selling or Growing Marijuana in PA is a Felony

Selling any amount of marijuana in Pennsylvania is a felony, regardless of whether it’s one joint or a pound. Of course, penalties and sentencing guidelines vary depending on how much you have in your possession. Even if it’s only for personal use or you have a valid medical marijuana card, growing marijuana is also a felony in PA.

Being convicted of selling or growing marijuana can result in a $15,000 fine and 2 ½ to 5 years of incarceration. Penalties increase for multiple offenses.

Can I Be Charged With A Drug DUI if I Smoke Marijuana?

Yes. Regardless of whether you’re eligible for medical cannabis, if you’re caught driving with any amount of marijuana in your system you may face DUI charges. Unfortunately, marijuana can be detected in your system even if you haven’t consumed it for weeks. If you’ve been accused of driving while under the influence of drugs or alcohol, it’s critical to consult an experienced DUI defense attorney as soon as possible.

These are just a few examples of what you may face if you’re caught with marijuana in Pennsylvania. Facing any type of charge for drug possession is daunting. Our drug defense lawyers are well-versed in defense strategies that may be able to get charges reduced or dismissed. We help you understand your options and fight tirelessly to protect your rights.

This blog was originally posted on https://pa4law.com/marijuana-laws-in-pennsylvania-what-you-need-to-know/

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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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Unsure of What to Do After a Sexual Assault? This Checklist Can Help

Dealing with a police investigation and possible court case after you have been sexually assaulted can add to the trauma you’ve already experienced. If you or someone you know is a victim, a sexual assault lawyer in Pennsylvania can help you understand your rights and guide you through the process. Regardless of whether your case goes to trial, it is important to gather information and evidence that can support your claims and potentially help police and prosecutors put your attacker behind bars.

Reporting Sexual Assault

After an assault, you may feel overwhelmed, terrified, and unsure of where to turn. These feelings are common in survivors of sexual abuse, but do not let them keep you from reporting what happened to you. Making your voice heard is critical, and it is the only way to bring your attacker to justice. The sooner you call the police, the sooner they can collect evidence and begin their investigation. Your body, clothes, and scene of the event can provide valuable evidence, so make sure to refrain from:

● Changing or throwing away your clothes or bedding

● Washing your hands, showering, or bathing

● Disturbing the area where the assault occurred

Getting a SAFE Exam

Survivors of sex crimes have the option to get a Sexual Assault Forensic Exam (sometimes called a rape kit or SAFE exam). A specially trained nurse will collect DNA samples, hair, saliva, clothes, and other evidence that could help support your case. They will also interview you, and may take pictures with your consent.

It is important to keep in mind that you can go straight to the hospital and get a rape kit before reporting an assault to the police. This allows you to preserve vital physical evidence and get medical treatment and the resources you need right away. This is also a good time to contact a close friend or family member for extra support. You may also want to find a sexual abuse lawyer as soon as possible to help get justice.

Pressing Charges

After you make a report to law enforcement, you can decide whether you want to press charges. Ultimately, it is up to prosecutors to determine whether to move forward with criminal charges based on the evidence available to them. In many cases, a defendant may agree to a plea bargain and you will not have to testify in court. If you do have to testify, your lawyer and the prosecution team will help you prepare. If the state decides not to prosecute your attacker, it is still possible to file a civil lawsuit against them to recover monetary compensation for damages.

When Your Attacker is Someone You Know

Unfortunately, many victims are sexually assaulted by someone they know. Whether it was an acquaintance, family member, coworker, classmate, spouse, or intimate partner, you have the right to report the crime and hold them accountable. If you have been assaulted by someone in your household, lawyers for domestic violence victims can offer the support and legal representation you need.

Documenting Threats and Harassment

If you have been facing ongoing threats from the person who assaulted you, make sure to preserve and provide all written or electronic communications, including text messages, emails, DMs, social media posts, phone logs, and voicemails. It can also help to promptly create a timeline and write down everything you remember about what happened, and provide the names and contact information of any witnesses who may be aware of the situation.

Take Advantage of Resources and Lean on Your Lawyer

Even if you do not report a sexual assault, seeking help to process what happened and find healing is critical. The  National Sexual Assault Hotline (1-800-656-4673) can automatically route you to the nearest sexual assault service providers, who can connect you with counseling, medical care, crime victim advocacy, and other resources.

If you or a loved one has been a victim of an assault, our Chester County sex crimes attorneys can be your staunch advocate and protect your rights and interests.

This blog was originally posted on https://pa4law.com/unsure-of-what-to-do-after-a-sexual-assault-this-checklist-can-help/

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Surgical Errors and Medical Malpractice: When the Wrong Organ is Removed

During surgery, patients are at their most vulnerable and rely on physicians and other medical professionals to look-out for their health and well-being. Unfortunately, medical mistakes like removing the wrong organ can have lifelong consequences. Recently, a California woman was a victim of this type of error and had to hire medical malpractice lawyers to help her hold the responsible parties accountable.

Sarajane Parfitt’s Story

In 2021, 55-year-old Sarajane Parfitt underwent surgery to have her diseased left kidney removed at the Community Regional Medical Center in Fresno, California. The surgery was botched, and her spleen was mistakenly removed instead. She will now have to undergo another surgery to remove her kidney. Although it’s possible to live without a spleen, Sarajane is now more at risk for infection and will require special treatment to boost her immune system for the rest of her life.

Even more shocking, her spleen was labeled as a kidney when submitted to a pathology lab for testing, and the error went unnoticed for several days. When the pathologist reported that her spleen had been removed, the hospital performed a CT scan and found that her left diseased kidney will still there, and her spleen was gone.

Sarajane Filed a Medical Malpractice Lawsuit

Sarajane found a medical malpractice law firm, and her attorney, Paul Pimentel, filed a lawsuit on her behalf against Dr. Narayana Ambati, Community Regional Medical Center and Urology Associates, and Dr. Shahin Chandrasoma.

Her medical malpractice claim asserts that having the wrong organ removed has caused her to suffer severe emotional distress and other damages. Dr. Ambati’s malpractice defense lawyer asserts that he did not do the nephrectomy (kidney removal) – it was performed by a visiting surgeon, Dr. Chandrasoma. Sorting-out which parties are liable in this situation is just one factor that could make this medical malpractice lawsuit especially complex.

The Case Will Likely Be Resolved Outside the Courtroom

The vast majority of medical malpractice cases are settled out of court.  Physicians, health systems, and other medical providers don’t want to deal with the hassle or expense of going to court, not to mention the public scrutiny that can accompany a trial.

Pennsylvania personal injury lawyers fight to help clients resolve medical malpractice cases as efficiently and effectively as they can, but sometimes litigation is necessary to recover damages and hold negligent parties accountable. This case is still pending, so there’s no word on whether Sarajane has reached a settlement agreement with the defendants, but hopefully, she’s saved the trauma and headache of a lengthy trial.

If you or a loved one has been injured due to a healthcare provider’s error or negligence, our personal injury lawyers can help. Our team features one of the best medical malpractice attorneys in Pennsylvania. We’re dedicated to fighting for your rights and helping you recover the maximum compensation you need to move on with your life.

This blog was originally posted on https://pa4law.com/surgical-errors-and-medical-malpractice-when-the-wrong-organ-is-removed/

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Who is Responsible When You Are Hurt in a Truck Accident?

Determining who may be responsible for damages when you have been injured in a truck accident is challenging. If you or a loved one has been hurt in a crash, finding a personal injury lawyer who is well-versed in handling these types of claims is critical to ensuring all liable parties are held accountable.

Truck Accident Cases Are Complex

Truck accident cases are very different from auto injury claims. Because of their large size and weight, semis and other commercial vehicles are more prone to causing life-altering injuries and fatalities when involved in an accident. Crashes involving passenger vehicles can be deadly as well, but the claims process for recovering damages typically involves only two insurers. In truck accident cases, multiple parties may be liable, which means you need experienced accident injury lawyers who know how to track down all possible sources of compensation and prove liability.

Multiple Parties May Be Liable For Damages

Identifying the persons or entities responsible for damages after a truck accident comes down to the circumstances surrounding the crash, and whether a driver is a company employee, independent contractor, or owner-operator of a truck. This can get tricky, as a trucking company may try to deny a driver’s status as an employee or contractor in order to avoid liability. Not only that, the negligence of multiple parties may play a part in why an accident occurred. Depending on the circumstances, liability may lie with multiple parties, including the:

● Truck driver

● Trucking company

● Cargo loader

● Parts and/or vehicle manufacturer

● Maintenance company or repair shop

● Other motorists

Truck accident cases are very complicated when more than one party is potentially liable for damages. Filing claims with multiple insurers is stressful and overwhelming, and it is the last thing you want to deal with when you have been hurt and are trying to heal.

Why You Need a Truck Accident Lawyer to Determine Liability

There are countless scenarios in which a truck accident can occur. For example, if a crash was caused by faulty brakes but the trucking company failed to do required checks and maintenance so the problem was not detected, both the brake parts manufacturer and trucking company could be liable for damages.

An insurer may claim that you or another party is fully or partially at fault a crash. If you do share liability for the accident, this makes sorting out who is responsible for damages even more challenging. A truck accident attorney can take the weight off your shoulders by thoroughly investigating the circumstances surrounding the crash, handling communications and negotiations with insurers, and fighting to help you recover the full amount of compensation you need and deserve.

It is also important to hire knowledgeable Pennsylvania personal injury lawyers who are familiar with the rules set forth by the Federal Motor Carrier Safety Administration (FMCSA), which regulates the motor carrier industry in the United States.

A Truck Injury Attorney Provides Compassionate Legal Support

It can be easy to underestimate the physical, emotional, and financial costs of being injured in a truck accident. Many trucking companies have powerful insurance companies on their side and will do everything they can to minimize or deny your claim. Your lawyer will ensure that the severity and scope of your injuries and losses are accurately calculated, and provide the aggressive legal representation you need to protect your health and financial security.

Our personal injury lawyers in Chester County, PA are dedicated to helping make things right for injured victims and their families.

This blog was originally posted on https://pa4law.com/who-is-responsible-when-you-are-hurt-in-a-truck-accident/

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What is a Probate Litigation Attorney and Why Would You Need One?

Probate is the process by which a will is validated and an estate is administered after someone dies. Although many probate proceedings go off without a hitch, if a will is contested or other disputes arise, probate litigation may be necessary. Whether you are an executor of a will or need to address problems with the administration of an estate, an experienced probate litigation attorney can help you understand the law and protect your interests.

Types of Probate Litigation

Will or Trust Contests

To challenge the validity of a will or trust, you must show that there is a legitimate reason and that you have the standing to do so as an heir or potential beneficiary.

Common reasons for contesting a will include:

Diminished or lack of testamentary capacity – For a will to be valid, the testator (person who signed the will) must be 18 years of age and be of sound mind. This means that they have sufficient mental capacity to understand what property they own and how they want their possessions to be distributed, even if their memory has been impaired by age or disease.

Undue influence –If someone inappropriately influences a testator to draft or amend their will in a way that benefits that person, there may be cause to contest a will for undue influence.

Fraud – When a will or trust is signed by someone who believed they were signing another document with different provisions, it may be considered fraud.

Forgery – Tampering with or the unauthorized signing of a will or trust is a forgery, which is grounds to contest the document.

Errors – Each state has laws dictating how a will or trust must be drafted and signed to be legally valid. For example, if a will is signed without witnesses, signatures are missing, or important text is omitted, it could be considered invalid.

Other Probate and Estate Administration Issues

Some other matters that can lead to probate litigation include estate administrator appointments, executor fee disputes, trustee removals, guardianship disputes, spousal share claims, and requesting a formal accounting of an estate. One way to help your loved ones avoid a lot of these problems is to work with a knowledgeable estate planning attorney when creating a will and estate plan.

How a Probate Litigation Attorney Can Help

Unfortunately, sometimes issues with an estate cannot be avoided. Family disputes can escalate quickly, which is an added stress when you are already grieving the loss of a loved one. A probate litigation attorney can help you keep a cool head, navigate the probate court system, and ensure that all procedural requirements and deadlines are met.

Having a knowledgeable lawyer who understands both beneficiaries’ and estate administrators’ viewpoints is critical. Your probate litigation attorney can help you negotiate disputes and hopefully come to an agreement without going to trial. However, if a reasonable agreement cannot be reached, probate litigation attorneys are experienced trial lawyers who can represent your interests in the courtroom and provide the compassionate legal support you need to get through tough times.

Whether you need to draft a will or are facing probate litigation, our experienced Chester County estate planning attorneys and probate lawyers can help.

This blog was originally posted on https://pa4law.com/what-is-a-probate-litigation-attorney-and-why-would-you-need-one/

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