Monthly Archives: January 2018

PFA and Child Custody

Posted on January 30 2018 by Todd Spivak and Rebecca Canterbury

In Pennsylvania, courts often give a PFA plaintiff sole custody over the parties’ children until the PFA hearing. This can be devastating to a PFA defendant, who may go weeks having limited or no contact with his or her kids.

The parties’ attorneys may negotiate a child custody arrangement as part of a court order. Thus, it is important that your PFA lawyer have experience handling child custody matters to get you the most possible time with your kids.

At Spivak Law Firm, we work hard to ensure that our PFA clients get substantial time with their children as soon as possible. We handle all family law matters, including: child custody, child support, spousal support, divorce, and PFA. For a free consultation, call us at (412) 344-4900 or toll free at (800) 545-9390.

Drug Crimes in Allegheny County

Posted on January 30 2018 by Todd Spivak and Rebecca Canterbury

Penalties for drug crimes can be severe.

A mandatory prison sentence is given for people convicted of selling, delivering, or distributing a controlled substance such as heroin, cocaine, or meth.

Even simple possession of marijuana may result in a jail term and driver’s license suspension.

At Spivak Law Firm, we strongly defend people accused of drug crimes and aim to get the charges against you dismissed or reduced.

If you have been arrested for a drug crime or are the target of an investigation, call Spivak Law Firm at (412) 344-3900 or toll free at (800) 545-9390.

Child Custody In Pennsylvania

Posted on January 22 2018 by Todd Spivak and Rebecca Canterbury

Under Pennsylvania law, courts make decisions on child-custody matters based on the child’s best interests. The court looks at key factors that affect the child’s physical, intellectual, moral, and spiritual well-being.

In determining whether to award temporary custody, the court considers 16 factors, including elements such as the child’s sibling relationships, the availability of extended family, and the present and past abuse of the child.

Another important factor for determining custody is promoting consistency for the children. Courts are generally reluctant to disturb an existing arrangement or split siblings between parents.

Spivak Law Firm provides strong, compassionate representation in child custody cases. Call us at (412) 344-4900 or toll free at (800) 545-9390.

Falsely Accused of Abuse?

Posted on January 15 2018 by Todd Spivak and Rebecca Canterbury

Q: I have been falsely accused of abuse – can you help me?

A: Yes. The PFA system itself is sometimes abused. People may seek a PFA just to gain leverage in a divorce or child custody matter. As a result, innocent people suffer.

If you have been served with a PFA, your hearing may be less than 10 days away.

Spivak Law Firm provides aggressive representation at PFA hearings. We strongly defends people against accusations of domestic violence or child abuse. If you have been accused of abuse, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Child Custody: Generations Program

Posted on January 9 2018 by Todd Spivak and Rebecca Canterbury

Q: What is the Generations program in Allegheny County?

A: Generations is a program that aims to resolve child-custody disputes without the emotional and financial costs of a trial.

First, the program requires parents to attend an educational session on the court process and the importance of co-parenting. Then, the parents are required to attend mediation in an attempt to resolve any custody disputes and settle on a custody schedule.

If the mediation is unsuccessful, the spouses meet with their attorneys present in a custody conciliation for yet another attempt to resolve custody matters. If parents still cannot reach an agreement, they attend a conciliation with the judge in a final attempt to resolve the case prior to trial.

Studies show that parents are far more likely to follow a custody order they devise themselves. The purpose of Generations is to give parents multiple opportunities to reach agreement.

Spivak Law Firm handles all areas of family law, including: divorce, child custody, child support, and PFA hearings. To speak with an experienced family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Arrested For Domestic Abuse?

Posted on January 9 2018 by Todd Spivak and Rebecca Canterbury

Q: Police did not witness any physical abuse – so why was I arrested?

A: An allegation of domestic violence by itself can trigger an arrest. Police do not have to witness the incident of abuse. A police officer often makes an arrest decision based solely on the accuser’s credibility without any further investigation. If the alleged victim has any visible marks or injuries, police are likely to make an arrest.

Spivak Law Firm handles all areas of family law with a special focus on domestic violence and Protection From Abuse (PFA). We handle PFA hearings and expungements, as well as criminal domestic violence charges and child custody matters. If you have been accused of violating a no-contact order, call us at (412) 344-4900 or toll free at (800) 545-9390.

Expunging Summary Offenses

Posted on January 9 2018 by Todd Spivak and Rebecca Canterbury

A criminal record may hurt your educational and employment opportunities, especially if you’re seeking jobs that require a criminal background check. Expungement refers to the removal of an arrest or conviction from your permanent criminal record.

Under Pennsylvania law, a conviction for a summary offense may be expunged after five years. If you were convicted of a summary offense more than five years ago, it may be possible to remove the conviction from your criminal record so that you can move on with your life.

At Spivak Law Firm, we routinely represent people charged with summary offenses and get their criminal records erased. To schedule a free consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Pennsylvania Child Custody Lawyers

Posted on January 2 2018 by Todd Spivak and Rebecca Canterbury

Question: My ex has filed a child custody action against me. What should I do?

Answer: You should speak to an experienced child custody attorney. At Spivak Law Firm, we provide strong, compassionate representation in all child custody matters. We carefully explain the process, describe your options, and propose legal strategies based on your goals and the unique facts of your case. We are skilled negotiators and experienced trial lawyers who fight for you to achieve the best possible outcome.

To schedule a consultation with an experienced child custody attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

DUI: What Is ARD?

Posted on January 1 2018 by Todd Spivak and Rebecca Canterbury

Q: What is ARD?

A: ARD means “accelerated rehabilitative disposition.” It is a diversion program available to some first-time DUI offenders that generally involves serving a brief license suspension, attending an alcohol education program, and receiving substance abuse counseling.

Completion of ARD results in the dismissal of DUI charges and the removal of DUI from the person’s permanent record.

Spivak Law Firm strongly defends people arrested for driving under the influence (DUI) of alcohol, illegal drugs, or controlled substances. To learn more, call (412) 344-4900 or toll free at (800) 545-9390.

Parental Alienation Signs

Posted on January 1 2018 by Todd Spivak and Rebecca Canterbury

Parental alienation occurs when one parent psychologically manipulates the child, causing the child to withdraw from the other parent.

Some common symptoms of parental alienation include, but are not limited to:

Your child refuses to have contact with you;
Your child is hostile toward you without logical reason (no history of abuse);
Your child is hostile toward your extended family; and
Your child expresses only negative feelings toward you, but never toward the other parent.