Spivak Law Firm | Pittsburgh, PA

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Tips for Discussing Your Child’s Weekend Away

102719637Whether or not you like your former spouse and whether or not you agree with his or her parenting style, there is not much you can do about what occurs at the other home. Children are generally entitled to spend time with both parents.

Your task is to send them off in the same way you would if you were sending them anywhere else where you wanted them to have a good time while they’re away from you, such as camp or school. Family counselors recommend the following transition tips on discussing your children’s weekend spent away at the other parent’s home:

  • Ask your children how their weekend was. To not ask about what goes on when they are apart from you would send the wrong message. Your child might think that you are not interested, or that you can’t stand to hear about them enjoying time with the other parent.
  • The motivation for asking about the weekend should be to serve the child’s needs, not to have your curiosity satisfied.
  • When children sense that they are being used as spies to report on what is going on in the other home, or when you react to the news with frowns, raised eyebrows, or sarcastic comments, the kids sense that you are not genuinely interested in sharing their lives with them as much as you are about getting some gossip about the other family.

To speak with an experienced Pittsburgh child custody lawyer, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

PFA Orders Trump Right to Own Guns

145193216In Pennsylvania, Protection From Abuse (PFA) Orders obliterate a person’s constitutional right to possess firearms. A person served with a PFA is immediately ordered to:

–Relinquish to the sheriff any of the defendant’s firearms;

–Relinquish to the sheriff any other weapons or ammunition of the defendant that were used or threatened to have been used in an incident of abuse against the victim or the victim’s children;

–Relinquish any firearm license that the defendant may have;

–Not acquire or possess any other firearm for the duration of the PFA;

When relinquishment is ordered, the defendant must surrender any firearm, weapon, ammunition, or license ordered within 24 hours after service of the temporary PFA order or 24 hours after entry of the final PFA order.

The defendant has the option to relinquish for safekeeping to a third party, who has signed an Affidavit of accountability with the sheriff’s office.

Served with a PFA? We strongly defend your rights and reputation. Call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

9 Sweeping Powers of a PFA Order

BU010665A Protection From Abuse (PFA) Order is a very powerful tool. Under Pennsylvania law, a Court may grant any appropriate relief needed to bring about a cessation of abuse. The most typical provisions of a PFA are as follows:

(1)  direct the abuser not to abuse the victim or the victim’s minor children;

(2)  exclude the abuser from the victim’s residence where the abuser and the victim own or rent the residence together or where the victim owns or rents alone;

(3)  exclude the abuser from the victim’s residence where the abuser owns or rents alone, so long as the abuser and victim are married or have a child together;

(4)  award temporary custody of the minor children to the victim;

(5)  direct the abuser to pay spousal and/or child support to the victim;

(6)  direct the abuser to have no contact with the victim or the victim’s minor children, nor to go to where the victim or the children work or go to school, and not to harass the victim or the victim’s minor children or relatives;

(7)  direct the abuser to relinquish to the sheriff any of the defendant’s firearms;

(8)  direct the abuser to pay for reasonable losses suffered by the victim because of the abuse;

(9)  direct the abuser not to stalk the victim.

Spivak Law Firm provides strong, aggressive representation for plaintiffs and defendants in PFA matters. To speak with an experienced PFA lawyer, call us at (412) 344-4900 or toll free at (800) 545-9390.

A Child’s Preference in Custody Cases

126998623In child custody disputes, will a judge follow the child’s preference?

It depends.

Under Pennsylvania law, a child’s preference is not controlling though it may be an important factor. A child’s preference is just one of many factors that a judge considers when determining a child custody order.

A child’s age, maturity, and intelligence must be considered and will affect the weight given to a child’s preference. Thus, the preference of a 16-year-old tends to carry far more weight than the preference of a 6-year-old.

To speak with a strong, compassionate, cost-effective child custody lawyer, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

What Happens After Criminal Charges Are Filed?

200274139-001When criminal charges are filed, the defendant will be arrested or ordered to appear at a court hearing.

The defendant will be taken before a judge and advised of the charges being filed.

A preliminary hearing is scheduled within ten days. The arresting officer will notify the victim of when and where to appear for this next court date.

A judge sets the bond amount.

Bond (or bail) is the amount of money that the Defendant must pay in order to guarantee he or she will appear at the next court date. If the money is not paid, then the defendant will remain in jail and be transported by a sheriff to the next court date.

Charged with a crime? Call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Violating A PFA Order Brings Criminal Charges

139378055Police may arrest a defendant without a warrant for violating a Protection From Abuse (PFA) Order based on probable cause even if the police did not witness the violation.

Probable cause may consist of verifying a valid PFA Order and the credible statement of the victim.

A Defendant who is arrested for violating a PFA Order will be arraigned on the charge of Indirect Criminal Contempt (ICC) by the magisterial district judge who has jurisdiction.

The burden of proof required in an ICC hearing is “proof beyond a reasonable doubt.” Punishment for violating a PFA Order is a maximum of six months in jail and a $1,000 fine.

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

“Status Quo” Is Key In Child Custody Cases

Little girl wearing sundress holding flowersIn child custody cases, judges are generally reluctant to change an arrangement that is working well for a child. Judges recognize the benefit of stability in a child’s life.

“Status quo” is a term that judges frequently use to describe long-standing custody arrangements.

If you are the primary caretaker of a child, then it is important to show the judge that the status quo has been for the child to spend most nights in your care.

On the other hand, if you are seeking to expand your custody time, then you should try to create a new status quo for the child that involves more time in your care.

Some parents go to court seeking to preserve their custody time, while others aim to expand their custody time. To speak with an experienced child custody lawyer, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Ray Rice Video Shines Light on Domestic Abuse

images-1The Baltimore Ravens released Ray Rice after the media obtained a long-awaited video of the star running back brutally punching his then-fiancee.

Rice escaped criminal charges of aggravated assault, but his career in the NFL may be over. The NFL, which initially issued a mere slap on the wrist with a two-game suspension, has suspended Rice indefinitely.

The incident has focused the entire country’s attention on the prevalence of domestic violence.

Spivak Law Firm provides strong advocacy for plaintiffs and defendants in Protection From Abuse (PFA) and criminal domestic violence cases. Call us at (412) 344-4900 or toll free at (800) 545-9390.

Fight Back Against Allegations of Abuse

86505321Unfortunately, it is not uncommon for people to exaggerate, fabricate or outright lie to receive a Protection From Abuse (PFA) order. As a result, many innocent people are unfairly swept into the court system. Spivak Law Firm strongly defends such people and has an excellent record of success in getting bogus PFA orders dismissed.

But what if you did it? In other words, should a person who has perpetrated abuse under Pennsylvania law simply accept a three-year Final PFA? Or is it still worthwhile to retain an experienced PFA attorney and fight back against the charges?

At Spivak Law Firm, we recommend fighting back.

In cases where the evidence is stacked against our clients, we are still able to help them by protecting their child custody rights, safeguarding their property, limiting the duration of a PFA order, and advising them on moving forward with their lives. In many cases, we are successful in avoiding a Final PFA even where abuse occurred.

At Spivak Law Firm, we do not judge our clients. We advocate strongly for them. We understand that we all have done things for which we are not proud. We treat our clients with dignity and respect by making ourselves accessible and by striving to build the strongest possible defense in every case.

Served with a PFA? Call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Why Having a Will is Essential in Pennsylvania

83496541Your last will defines what you want to give, where you want it to go, and how you want your last wishes carried out. The key to a will is to keep it up-to-date about you and your life. A will that is clearly defined and current is the best piece of legal work that you have that can be used to honor your wishes.

With the help of a will, you will be able to clearly define your loved ones’ futures. If you forget to go back to your will and include your newest grandchild, or you forget to make changes to your child’s college education requirements, they may end up losing out. If something changes down the road, include it in your will. You should come back to your will each year to consult it and consider any necessary changes that need to be made.

To speak with a Pittsburgh attorney about drafting your will, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.