Spivak Law Firm | Pittsburgh, PA

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Daily Archives: October 28, 2021

What is an Emergency PFA?

A person seeking protection from an abuser may obtain an Emergency PFA even when courts are generally closed.

In Allegheny County, local magistrates and a night court judge are available to grant Emergency PFAs at any time, including: on weekends, during holidays, and late at night.

An Emergency PFA expires when courts resume their regular business hours. Therefore, an Emergency PFA granted on Saturday night will generally expire the following Monday.

A person who obtains an Emergency PFA will often return to Court during regular business hours to request a Temporary PFA, which will trigger a hearing date so a judge may determine whether a Final PFA is warranted.

A Final PFA can last up to three years.

The person accused of abuse does not receive any notice or opportunity to defend against the Emergency PFA or Temporary PFA.

Defendants are given the opportunity to challenge the abuse accusations at the Final PFA hearing before a judge.

Spivak Law Firm provides strong, aggressive representation at PFA hearings. To speak with an experienced PFA attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Divorce: Fleeing an Abusive Spouse

There are many forms of spousal abuse: mental, emotional, physical, and sexual.

If you are the victim of spousal abuse, there are actions you can take to protect yourself.

You may file a criminal complaint with your local police department and seek to press charges if you are the victims of physical or sexual abuse. Domestic abuse charges commonly include: assault, harassment, stalking, reckless endangerment, and terroristic threats.

You may also consider filing for a Protection From Abuse (PFA) order to prohibit all contact and even have the abuser evicted from the marital residence. A PFA may be obtained on grounds of physical violence, sexual violence, harassment, or stalking.

If you are suffering mental or emotional abuse, you may request a hearing for exclusive possession of the marital residence, which would enable you to stay in your home during the divorce process and prohibit your abuser from the premises.

If you need immediate shelter from an abusive partner, there are many resources available to assist you.

Spivak Law Firm provides strong, compassionate, cost-effective representation in all family law and criminal defense matters with a special focus on child custody and domestic abuse. Call us today at (412) 344-4900 or toll free at (800) 545-9390.

CYF and Child Custody

In high-conflict custody cases, one parent may inappropriately use Child Youth and Families (CYF) as a tool to harass or control the other parent.

One possible consequence of a CYF investigation is that children may be removed from the care of the allegedly abusive or neglectful parent.

The assigned CYF caseworker may eventually make a finding that no abuse occurred.

However, at that point, your children may have already been removed from your care for months.

At Spivak Law Firm, we work hard to expedite the process so parents accused of abuse are reunited with their children as quickly as possible.

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

Crime Victims’ Rights in Pennsylvania

Under Pennsylvania law, crime victims have the right to:

  • Be notified of significant actions and proceedings pertaining to their case
  • Have a victim advocate providing support at proceedings
  • Submit a victim impact statement prior to the sentencing of a defendant
  • Receive restitution and the return of seized property

Enacted in 1998, the Pennsylvania Crime Victims Act includes a section titled the Crime Victims Bill of Rights.

Today, Pennsylvania lawmakers are considering whether to enshrine the rights of crime victims in the state’s constitution under Marsy’s Law.

Based in Pittsburgh, Spivak Law Firm handles all family law and criminal defense matters.

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

Helping Parents Cope With Remote Learning

Remote learning has proven difficult or even disastrous for many students who have seen their grades drop since the COVID-19 pandemic.

Parents, too, have been strained both financially and emotionally as they try to work while giving their kids the support they need.

For parents who are now effectively listening in on their children’s classes for the first time, the tone or style of a teacher’s approach to correcting students can be stressful to overhear.

Witnessing our kids’ experiences can be jarring for a parent, as they may be criticized or scolded for not paying attention or not being prepared.

A recent article in The Washington Post describes ways for parents to cope: “Just acknowledging the emotional labor and time that goes into navigating remote school is an important step.”

Spivak Law Firm provides strong, compassionate, cost-effective representation in all family law matters, including: divorce, child custody, child support, and Protection From Abuse (PFA).

Call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.