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Who would I talk to about errors and falsification within an

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Allegheny County Petition for Protection...
Who would I talk to about errors and falsification within an Allegheny County Petition for Protection From Abuse Temporary Order; specifically the clause concerning 18 Pa. C.S. 4904??
Submitted: 4 years ago.Category: Criminal Law
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Answered in 5 minutes by:
9/4/2013
Criminal Lawyer: Lucy, Esq., Lawyer replied 4 years ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 30,589
Experience: Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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Hi,

My name is Lucy and I'd be happy to answer your questions today.

Is this a petition filed against you? Have you had the hearing yet? If so, what did the judge decide?
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Customer reply replied 4 years ago

The original hearing was given a "continuance" as the judge got sick prior to the actual hearing.


 


The 2nd hearing date I was told by my lawyer that it was to be held at 11am in Family Court 440 Ross St., Pittsburgh. This doesn't appear to be true as I re-read the paperwork and it says 9am, family court, 440 Ross St., Pittsburgh. (I have emails of he and I back and forth concerning this and they eventually told me he entered a continuance, w/o my consent - occurring around 8am before a hearing would have been held - He can't purposefully keep me from a hearing can he?


 


And so now, supposedly there is another continuance. But, please don't forget my original question.

Criminal Lawyer: Lucy, Esq., Lawyer replied 4 years ago
The questions are actually relevant to your original question, although I can see how you might think they're not. If the judge finds against you and enters the restraining order, you unfortunately won't have the evidence needed to bring charges against the person for false testimony. They'll say that you had a hearing, you both explained what happened, and the judge found that she was the one telling the truth. Before the hearing, it's likely that nothing would happen. If the judge dismisses her request for a restraining order, then you can call the police and tell them that you'd like to file a police report for filing false charges. You'd need a copy of the application for the restraining order and the judge's decision.

Keep in mind that, once you file the report, it is entirely up to the police and DA whether to follow through. There is no way to force them to prosecute her.

As far as the hearing goes, if your lawyer tried to purposefully keep you from a hearing, that would violate the Rules of Professional Ethics. If you lost because you weren't there, that's also a pretty good case for malpractice. You may want to ask him about his reasons for the continuance, but he shouldn't be intentionally trying to keep you from the hearing.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
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Customer reply replied 4 years ago

1. Why do I see C.S. in some PA statutes and C.S.A in this paperwork?


2. What exactly is it that I could do before a hearing?


 


3. So if the lawyer told me 11 and it was 9 and then he went without me a did a court action without my consent, isn't this enough for cause of action? And I'm not even sure that this wouldn't be criminal...


 


4. I need someone to review the actual paperwork with me that knows Allegheny County and PA Statutes - since you can't see my paperwork, how do I get to this person (meaning LEGITIMATE lawyer).


 

Criminal Lawyer: Lucy, Esq., Lawyer replied 4 years ago
1. It's just a preference. C.S. stands for "consolidated statutes" and C.S.A. means "Consolidated Statutes Annotated." It just depends on whether a person is looking at a version of the statutes that has notes attached, but the text itself is the same.

2. Look at what this person is claiming and gather all evidence that refutes her allegations. If you have witnesses that can testify that these things didn't happen or that she has a history of lying, that will help. Otherwise, be prepared to give your version of events, calmly. If you have a suit or shirt and tie, that helps present a good appearance for the judge.

3. Legal malpractice is a civil cause of action, not criminal. But to show legal malpractice, you'd have to show that you were harmed. If the attorney is buying time to help you put on a better case, you're not harmed. And if you ultimately win following the hearing, you weren't harmed. You unfortunately have to wait and see what happens, which I realize is frustrating. The Rules of Professional Conduct do require keeping a client reasonably informed of what is going on in his case. The attorney must also promptly inform the client of developments in the case that he needs to consent to. Rule 1.4. But that's not criminal either. Professional violations are investigated by the Disciplinary Board.

4. I am a legitimate, licensed attorney. If you need someone to review your paperwork and give specific legal advice, that is unfortunately outside the scope of this service. Stating that need in advance can help ensure that we do not take up your time when what you really wanted was legal representation. If you're not satisfied with your current attorney, the PA Bar Association can help you find someone else.
http://www.pabar.org/public/membership/lrsblurb.asp


Keep in mind that, once an attorney has entered an appearance for you in a case, he needs the judge's permission to withdraw. The judge won't grant that permission if it's going to delay the case (which it could). A new lawyer may want to file for a continuance to familiarize himself with the case. So you may benefit from discussing your concerns with your current attorney instead of hiring someone new.
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Customer reply replied 4 years ago


Thanks for the referral. I'm trying to understand the paperwork and my case. Which is why I asked how to get someone legitimate, especially since I have complaints about the previous lawyer.


 


1. I'm broke. All money gone.


 


2. The original, it's actually the 2nd lawyer would require further money, I don't have, and you can see I don't like his work. So what do I do to find a lawyer who will work for next to nothing?? PFA's are said not to permit the appointment of a lawyer for me, even though they can destroy my life.


 


3. The question as to the statute of whether she is telling the truth, and I know she is not I need to revisit. Since I'm currently bound and suffering from this, can I report her false statements to the authorities now, can I sue her for them now, what can I do?


 


4. Can PFA's be thrown out based on errors on the filings or negligence by the courts, or other relevant authorities? And if so, how?


 


Thanks

Criminal Lawyer: Lucy, Esq., Lawyer replied 4 years ago
I'm sorry, but I don't have any way to refer you to a lawyer who will work for extremely low prices. Legal aid typically only assists tenants or victims of domestic violence. Prices for lawyers vary drastically based on a number of factors - the best thing to do is call around and ask for estimates. It can take time, and there aren't any guarantees, but that's the way to do it.

The problem with suing her now or filing a police report now is that nothing will be done until the judge makes a decision on the order. If the judge finds in her favor, you can't win a civil suit, so you basically paid the filing fee for nothing. That doesn't mean that it can't be done, but it would usually be to the person's benefit to wait and see what happens in the PFA case. There is no way that a civil case would be resolved before the hearing on the restraining order - she could request a continuance and get it.

It can be thrown out if it can be established that she lied. Typically, a plaintiff would not be penalized by mistakes that a court made, so that would not be a basis for dismissing the case. If the filings are incorrect, that can be a reason to ask for a judgment in your favor.
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Customer reply replied 4 years ago


I've been the victim of a number of things she has done and have received counseling for them. This is the latest thing that I'm victim of. Considering I know she has provided false statements,


 


can I file an emergency PFA against her today and for her previous misconduct and the lies in her PFA, as her actions have been ongoing until this, and have my children removed from her custody?

Criminal Lawyer: Lucy, Esq., Lawyer replied 4 years ago
A person does have the option of filing a PFA against someone that presents a danger to their health or safety. That means establishing something more than just that she is a liar or a terrible person. If the judge thinks that you filed the request solely in retaliation, that can backfire. A PFA against you also wouldn't immediately remove the children from her custody. The way to get the children is to file an Emergency Ex Parte Request for Temporary Custody, which goes in the family court. You would have an immediate hearing where you could show the judge why it's in the best interests of the children to be with you. She would later get a full hearing, where she could present evidence to try to get the children back - including evidence that these allegations all arose after she sought the restraining order against you. You'll want to consider how to refute allegations that you made the filings to get back at her, because that's what she'll say.

Before filing anything, you should talk to your attorney. I know you have issues with some things that have happened, but if you already have someone representing you in the family court, you can't file documents on your own. He would have to withdraw. Even if he's only representing you on the PFA case, he'll have the specific facts of your case and can better advise on whether what you're asking would in any way benefit your case.
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Customer reply replied 4 years ago

Emergency Ex Parte Request for Temporary Custody: this would be only for safety concerns of the children right?


 


1. Do allegations of crimes she committed against me matter - as this would be a question of whether or not she's a fit wife, but not a fit mother. But it would seem character should matter...


 


2. Considering that my wife has had all custody for 2 months and no visitation from me or contact with me during 2 months, how would I make a case that it's an emergency??? I have know idea what she's been doing.


 


3. What do I do about my right to privacy being violated in a conspiracy with others to undermine my being as a father, husband, worker, etc... My wife, family, members, women's center of Pittsburgh, PAAR, etc. can't do these things... And now a family is gone - since my wife has been involved and there's no proof as in no witness - what can be done?


 


4. I don't think my lawyer is going to readily available to withdraw himself from the record, can I do this on my own?


 


5. As I spoke with a lawyer on the phone, and she said well you had 2 lawyers already - how do I speak with lawyers to get quality representation. My problems are:


 


a. I look retaliatory no matter what my true intentions are.


b. I look like I'm not happy with any lawyer.


c. My allegations are not proven, and so people will not fully listen to and believe them and then know what I'm saying is true, and therefore not know how to help me.


d. As we already spoke of... Money.


e. My wife is about 1% responsible for this and I'm about 1% responsible for this - there's a 3rd party involved. I can't get this through to people can they can't/won't help about this.


 


 

Criminal Lawyer: Lucy, Esq., Lawyer replied 4 years ago
1. Only if they're proven to be false. So, again, that means waiting for the hearing.

2. You would need information that she presents an immediate danger to the children. Without that, your option is to file an ordinarily Motion for Modification, explaining why you should be able to visit with the children. Typically, a person must wait at least 6 months to seek a modification.

3. This does not appear to be related to the original question about false allegations, so I unfortunately have to ask you to open a new question. There is nothing in anything you have said that would give me enough information to comment on privacy issues.

4. You can ask him to. You can also hire a new lawyer and ask that lawyer to write to him to ask for the file and to withdraw. As a rule, when a new lawyer enters an appearance, most lawyers will bow out of the case (unless the judge refuses to allow it).

5. I'm sorry, but since we're not allowed to make specific referrals, there's no way to answer this. I can't tell you who to call. I can only tell you to try again. If you truly think that you won't be happy with any attorney, then you have the option of representing yourself. It is true that filing an order against her will be seen as retaliatory. Filing for increased custody may not be if there has been a material change in circumstances, other than her filing the order. Unfortunately, it's too soon to seek modification. From everything you've said, it really sounds like the hearing has to happen before you can take further action. I'm afraid I can't comment on the third party, because I have zero information on that issue and it does not appear to be related to the original question about false information used to obtain a PFA. If you're asking how to go after the person, the answer is the same - the PFA request has to be denied before you can take any other action. I'm sorry.

I am happy to continue to answer follow-up questions, but please rate my service positively to ensure that I am paid for the time I spend helping. We receive no compensation other than what is received through positive ratings.
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Customer reply replied 4 years ago


I'm not sure I read the law the same way as you.


 


If she's lied to obtain a court order, and that is against the law, then there is certainly recourse. After all, she just broke the law. (again)


 


If she broke the law to obtain a court order, then why would I have to wait to take either criminal or civil action against the law she broke?


 


It would seem to me, the law gives her and I a due process right - meaning shat I have a right to report the criminal law any time within the statute of limitations and she has a right to be heard in front of a court of jurisdiction to that law, and this means that we don't have to wait... How am I wrong?

Criminal Lawyer: Lucy, Esq., Lawyer replied 4 years ago
Because you have to be able to prove that she lied to take action against her. If the judge rules in her favor, by definition, that means that he has found that she didn't lie. She'll be able to use the court order to show that she didn't lie.

You have a right to notice of the allegations and an opportunity to be heard. That's why you have the hearing. You also have a right to go to court and have your grievances heard. But as part of your right to seek assistance from the court, you have a responsibility to be able to produce evidence to support what you're saying. Until a judge says "I don't believe these allegations," you don't have that proof.

I never said that you can't file a police report. What I am saying is why the police will not take any action right now. And, again, if you file a civil case, even if you can get a hearing before the PFA case is heard (which is not guaranteed), she can file a motion to stay it. She could also try to sue you for abuse of process for knowingly filing false lawsuits, if you sue her for lying to police after a judge had already found that she told the truth.
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Customer reply replied 4 years ago

She wrote down that I moved from the residence on March 1st and then somehow got the emergency eviction on July 26th. I would have been trespassing.


 


Regardless, should the authorities take the case which they probably won't even though it's warranted, then it's actually their job to PROVE the case ,not mine. I'm the victim.


 


I don't know how many times I've heard that I have to prove things when it's never been my job.

Criminal Lawyer: Lucy, Esq., Lawyer replied 4 years ago
It is the police's job to gather evidence to refer a case to the DA. However, they can choose not to investigate if they do not believe there will be sufficient evidence - which means that they can ask the person filing the report to produce anything they have to substantiate the claims. Police have discretion in deciding which cases to pursue and which to let go, and there is nothing in the law that would allow a person to force them to proceed if they decide not to prosecute someone.

If they believe they will be able to prove the case, they may take it.
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