Spivak Law Firm

Based in Pittsburgh, PA

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Monthly Archives: April 2018

PFA and Divorce in Pennsylvania

The Pennsylvania legislature is considering a controversial bill to restrict sexual abusers from seeking alimony or even equitable distribution under the divorce code.

Alimony refers to the receipt of payments from a former spouse after the divorce has been finalized. Equitable distribution refers to the formal process for dividing marital property.

Spivak Law Firm strongly objects to the bill, which does not make clear whether a criminal conviction is required for the exceptions to apply.

The bill’s definition of “abuse” references the Protection From Abuse (PFA) statute. As a result, individuals with a PFA Order entered against them would be barred from receiving alimony or equitable distribution, leading to further abuse of the PFA system.

Spivak Law Firm provides strong, compassionate, cost-effective representation in all family law matters, including: divorce, child custody, child support, spousal support, and PFA. Call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Protecting LGBTQ Pennsylvanians

Spivak Law Firm supports efforts to enact a federal Equality Act, providing civil-rights protections for LGBTQ communities throughout the United States.

Pennsylvania lags behind many other states in ensuring basic protections for LGBTQ residents.

For instance, there are no statewide non-discrimination protections for LGBTQ Pennsylvanians, exposing thousands of people to termination from their jobs or eviction from their homes merely for identifying as LGBTQ.

Based in Pittsburgh, Spivak Law Firm provides strong, compassionate, cost-effective representation in all family-law and criminal-defense matters. To schedule a consultation, call us at (412) 344-4900 or toll free at (800) 545-9390.

Child Custody and Young Toddlers

For kids as young as two- or three-years-old, lying is actually a sign of intelligence.

New research shows that toddlers who lie have the following traits compared to other toddlers:

  • Higher verbal I.Q.s, by as much as 10 points;
  • Better faculties for enabling them to control impulses and remain focused on a task;
  • Heightened ability to see the world through other people’s eyes and other indicators of cognitive development; and
  • More well-adjusted and socially adept.

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

PFA Orders and Police Officers

Pittsburgh police must keep statistics for officers involved in criminal domestic violence incidents and Protection From Abuse (Orders).

The mere accusation of abuse against a law-enforcement official can be devastating.

PFA Orders frequently restrict defendants from possessing firearms. Because police officers are required to possess a firearm as part of their job, a PFA may result in suspension or even termination.

Spivak Law Firm has successfully defended police officers at the federal, state, and local levels against accusations of abuse. For a free consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Summary Offenses and Expungements

Summary offenses are low-level criminal offenses. They include public intoxication, disorderly conduct, public urination, harassment, and cruelty to animals.

If you’re charged with a summary offense, we recommend contesting the charges by pleading ‘not guilty’ and hiring Spivak Law Firm to represent you in court.

We have helped many people charged with summary offenses, then successfully expunged, or erased, the charges from their criminal records.

At Spivak Law Firm, we do not judge our clients. We provide strong, aggressive representation to help them move on with their lives.

Call us today at (412) 344-4900 or toll free at (800) 545-9390.

Child Custody and Football

Should you let your child play football or hockey?

As medical research continues to link sports-related concussions to long-term brain damage, families increasingly disagree about whether it is worth the risks.

A current child-custody dispute in Upper St. Clair has gotten national attention, as the father of a 17-year-old boy has asked a family-court judge to block him from playing football.

The boy, whose brother plays football for Case Western University in Cleveland, has suffered at least three concussions. His mother supports his decision to play.

Spivak Law Firm handles all matters involving child custody. We provide strong, compassionate, cost-effective representation in all family-law matters.

To schedule a free consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

PFA Orders Restrict All Contact

If you’re served with a Protection From Abuse (PFA) Order, take it seriously. A PFA can evict you from your home and restrict you from your child. If you’re even accused of violating the order, you may face criminal charges and spend a night or two in jail.

At Spivak Law Firm, we’ve helped hundreds of people facing allegations of domestic abuse. If you’re served with a PFA, we urge you to follow the order by having no contact with the person who obtained the PFA against you. Even friendly communication could lead to criminal charges.

Do not call, text, or email your accuser. Do not contact your accuser via social media. If you see your accuser in public while the PFA remains active, leave the area immediately. Direct family members and friends that they cannot intervene on your behalf to mediate the dispute. Otherwise, you may be arrested based on third-party contact.

Spivak Law Firm provides strong, aggressive representation at PFA hearings in Pittsburgh and all surrounding counties, including: Allegheny, Beaver, Butler, Fayette, Indiana, Washington, and Westmoreland. For a free consultation with an experienced PFA attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Disorderly Conduct Penalties In Pennsylvania

Disorderly conduct is generally charged as a summary offense, though it may be graded as a more serious third-degree misdemeanor under certain conditions in Pennsylvania.

Disorderly conduct is a third-degree misdemeanor when:

  • The defendant intends to cause “substantial” harm;
  • The defendant intends to cause “serious” inconvenience; or
  • The defendant “persists” in disorderly conduct after reasonable warning to stop.

Penalties for a summary offense include a maximum of 90 days in jail, whereas penalties for a third-degree misdemeanor offense include a maximum of one year in jail.

Under Pennslylvania law, only summary offenses can be expunged after five years, though third-degree misdemeanors may be eligible for sealing after 10 years.

To speak with an experienced criminal defense and expungement attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Shared Parenting Is Great For Kids

Over the last few years, there has been growing support for making shared parenting the presumption in child custody cases.

Here are three major reasons why shared parenting is great for families:

  • Shared parenting is best for kids. Study after study shows that children are better off when they have access to both parents after divorce or separation.
  • Shared parenting minimizes conflict. When the court puts each parent on equal footing, there is less room for disagreements and they are more likely to form a healthy co-parenting relationship.
  • Shared parenting sends the right message about fatherhood. When a judge grants a mother more parenting time without justification, it sends a harmful message to the kids about the father.

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.