Philadelphia Domestic Violence Lawyer
Philadelphia domestic violence attorney Brian M. Fishman has helped many clients understand their rights when it comes to domestic violence proceedings. Domestic violence cases can be complicated, and the consequences can be severe if you’re convicted. Attorney Fishman was a prosecutor in Philadelphia for over four years and worked in the Family Violence & Sexual Assault Unit of the District Attorney’s Office. Therefore, he has vast experience in this area of criminal law.
Domestic violence incidents usually arise during a heated moment between spouses, partners or other family members. Charges often associated with domestic violence incidents include:
- Assault (aggravated or simple)
- Firearm Possession
In domestic violence cases, a third party, such as a neighbor, usually contacts police during an altercation. Domestic violence incidents are sometimes aggravated by the use of drugs, which can lead to additional charges unrelated to the incident being filed, including:
- Drug possession
- Drug paraphernalia possession
Many clients are surprised to find out that domestic violence charges cannot be dropped by the complainant, even if the complainant no longer wants to pursue the case. The decision whether to file charges in a domestic violence case, as in any case, is decided by the prosecutor’s office. The complainant will be subpoenaed to appear in court, even if he or she does not want to pursue the matter, and can be arrested for failure to appear in court. If you are charged with additional crimes related to the incident, such as drug or firearms charges, those can often be proven in court with police testimony and without the appearance of the original complainant.
The stakes are high when it comes to domestic violence cases. That is why it is critical to contact an experienced domestic violence attorney if you have been charged in a domestic violence case. Defendants should prepare for their case by collecting evidence, such as pictures of injuries or property damage, which may help establish a basis for self-defense. Brian M. Fishman has helped hundreds of clients facing criminal charges achieve the best outcome possible in their criminal case. He will use his years of experience, skill, and knowledge to aggressively advocate for your rights, providing you with personalized, high-quality legal advice every step of the way.
The Fishman Firm, LLC, is a criminal law firm located in Philadelphia, PA. Attorney Brian M. Fishman is a criminal defense attorney who concentrates his practice on defending the rights of those accused of criminal offenses. He has successfully defended clients in a wide range of criminal cases, and will aggressively defend your rights in court and in negotiations outside the courtroom. If you have been charged with any criminal offense in Philadelphia, Montgomery, Delaware, Bucks or Chester county, contact Brian M. Fishman at his Philadelphia office now to schedule a free consultation.
Philadelphia Protection from Abuse Attorney
If you have been served with a temporary Protection from Abuse (often referred to as a PFA) order, you need to seek the help of a Philadelphia Protection from Abuse attorney immediately. A Protection from Abuse order is a civil order providing protection from harm for those being abused by a family or household member, intimate partner or parent of a mutual child. These orders go hand-in-hand with instances of domestic violence, and if they are made final they bring serious consequences. Attorney Brian M. Fishman of The Fishman Firm, LLC, wants those who have received a Protection from Abuse order to understand what this could mean for their future.
How Protection of Abuse Orders Are Filed
When police respond to a domestic disturbance, even if they fail to make an arrest, they will often tell the complainant to visit Family Court to seek a Protection from Abuse order. The complainant can go to Family Court ex-parte (without the other party present) to get a temporary PFA. This will serve as a temporary restriction on the one alleged to have been abusive to have no contact with the alleged victim. The decision to issue an ex-parte PFA is made based on the allegations of the complainant alone, and no further proof is needed for the immediate enactment of the restraints of a temporary PFA.
This ex-parte PFA will then trigger a hearing, typically held within 10 days of the original complaint, during which a judge will make a final determination about whether or not the PFA should be made a final order. At the hearing, proof of the alleged abuse must be presented and the accused party will also be able to present his or her side of the story.
Understanding the Importance of a PFA
Being served with a PFA is not a situation to take lightly. If the judge makes the PFA a final order, you face a three-year order to stay away from the person who filed the complaint. If you share a residence or custody of children, this can mean being evicted from your home and losing the right to see your children. If you legally own a firearm, you may be forced to turn it over to the authorities. Or, if you seek to purchase a firearm and do not disclose that there is an active PFA against you, it is likely that serious felony firearm charges may be levied against you merely for your attempt to obtain a firearm. A final PFA order will also be added to the police database and an officer’s mobile terminal in his patrol car. If you are accused of violating the order, you can be arrested on contempt of court charges and face criminal proceedings.
Turn to a Philadelphia Protection from Abuse Attorney for Help
Because of the serious ramifications of a PFA, you need to treat it seriously. That is why you need the help of a Philadelphia Protection from Abuse attorney, like Brian M. Fishman. As a Philadelphia County PFA lawyer, Mr. Fishman will represent you at the hearing and help you prove that the allegations of abuse are false or fabricated, so you are not saddled with the consequences of a PFA.
The Fishman Firm, LLC, is a criminal law firm located in Philadelphia, PA. Attorney Brian M. Fishman is a criminal defense attorney who concentrates his practice on defending the rights of those accused of criminal offenses. He has successfully defended clients in a wide range of criminal cases, and will aggressively defend your rights in court and in negotiations outside the courtroom. If you have been charged with any criminal offense in Philadelphia, Montgomery, Delaware, Bucks or Chester county, contact Brian M. Fishman at his Philadelphia office now to schedule a free consultation with an experienced Philadelphia criminal defense lawyer.