Case Results

When domestic situations lead to criminal charges, the chaotic and often volatile circumstances become the perfect breeding grounds for mistakes and inappropriate charges. It can be difficult to find a path forward when so much is involved, but with effective and strategic representation, it is possible to achieve a favorable result.

Not long ago, a woman in Bucks County made allegations against her husband claiming that he was terrorizing her. It was the weekend and the main courthouse was closed. This led her to petition the “on call” Magistrate Judge for an Emergency Protection from Abuse Order(PFA). The Order was granted and effectively barred him from contacting his then-wife and their minor children. When the man learned of the PFA against him and his inability to spend time with his children, he decided to contact Philadelphia domestic violence lawyer Michael Fienman to review his options. He has used the firm in the past and placed his trust in Mr. Fienman to, once again, handle this important legal matter. Upon review, it was clear to attorney Fienman that the petition was hastily prepared by the man’s wife and omitted material facts required to form the factual basis underlying her claim for protection from abuse. This is a case of true injustice where a Magisterial District Judge improperly issued the emergency PFA Order.

At a formal hearing to adjudicate the matter before the Bucks County Court of Common Pleas, attorney Fienman successfully argued that certain allegations were not formally pleaded and since the children were not referenced in the pleadings, including them on the PFA was inappropriate. As a result, certain provisions of the PFA Order were lifted, and his client was subsequently allowed to have contact with his children. Additionally, attorney Fienman successfully argued for his client to have limited contact with his wife while they go through the divorce process for purposes of discussing matters relating to their children.

This is a prime example that shows even a very convoluted or an apparently open and shut matter is best handled by effective legal counsel. Without the meticulous review and advocacy provided by attorney Fienman, this man may have been unnecessarily limited by an unjust and improperly issued PFA.

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.