Blog - Spivak Law Firm

Child Custody & Domestic Abuse

Posted on January 23 2017 by Todd Spivak and Rebecca Canterbury

In some extreme cases, mothers seeking to protect their children from abusive fathers are disbelieved by the courts and even sanctioned for parental alienation.

Such outlier cases form the basis of a recently released documentary by filmmaker Rachel Lewis, who spotlights the issue of mothers who have lost custody of their children to abusive fathers. The film warns that violent men can use the court system to further control and intimidate their exes by asserting their child custody rights.

Spivak Law Firm handles all areas of family law with a special focus on high-conflict child custody and domestic violence. Call us at (412) 344-4900 or toll free at (800) 545-9390.

Pennsylvania Mayor Faces PFA

Posted on January 9 2017 by Todd Spivak and Rebecca Canterbury

Even elected officials aren’t immune from Protection from Abuse (PFA) Orders.

Williamsport Mayor Gabriel J. Campana recently agreed to modify and extend the Temporary PFA placed against him by his wife. The small-town mayor was evicted from his home and prohibited from directly contacting his wife, except through email or text to arrange for child custody.

In Pennsylvania, a PFA is a powerful took that can:

Evict you from your home;
Restrict you from your children;
Prohibit you from purchasing firearms; and
Get you fired from your job.

Spivak Law Firm provides strong, aggressive representation at PFA hearings. For a free consultation, call Spivak Law Firm at: (412) 344-4900 or toll free at (800) 545-9390.

PFA: Help for Victims

Posted on January 4 2017 by Todd Spivak and Rebecca Canterbury

Under current federal law, domestic-violence victims risk eviction from public housing for making excessive calls to 9-1-1.

Spivak Law Firm supports amending the Fair Housing Act to safeguard such victims from being punished for simply seeking police protections.

The Fair Housing Act prohibits discrimination on the basis of race, color, national origin, religion, sex, disability, and familial status.

Spivak Law Firm routinely represents plaintiffs and defendants in Protection from Abuse (PFA) matters in Pittsburgh and all surrounding counties, including: Allegheny County, Beaver County, Butler County, Fayette County, Washington County, and Westmoreland County. Call us today at (412) 344-4900 or toll free at (800) 545-9390.

Preparing for Divorce

Posted on January 3 2017 by Todd Spivak and Rebecca Canterbury

If you are considering a divorce, it is important to have an understanding of your finances before initiating the proceedings.

Without this information, your attorney may have to engage in a costly discovery process to obtain the documents. Having copies of tax returns, utility bills, grocery bills, retirement accounts, bank accounts, and other financial documents could save you a substantial amount of money in attorney’s fees.

Take the time to review your financial documents and understand your marital assets and debts with the help of your attorney.

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.

DUI Law: Blood Tests

Posted on January 3 2017 by Todd Spivak and Rebecca Canterbury

The U.S. Supreme Court in Birchfield v. North Dakota recently declared warrantless blood draws made during DUI arrests unconstitutional. The Court reasoned that a blood draw poses substantial privacy concerns because a blood test reveals more about a person than simply blood alcohol levels.

However, because of the less intrusive nature of breath tests, warrantless breathalyzer tests are still permissible.

Prior to Birchfield, defendants who refused blood testing were regarded as having the highest level of impairment and faced the most severe penalties associated with a DUI offense. But now DUI offenders who previously refused blood testing may now be charged and sentenced as having the lowest level of impairment.

To speak with a Pittsburgh DUI and criminal defense lawyer, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Divorce Waiting Period Reduced

Posted on December 30 2016 by Todd Spivak and Rebecca Canterbury

The Pennsylvania State Senate recently passed an amendment reducing the separation period for no-fault divorces to one year. Prior to this amendment, if your spouse would not consent to a divorce, you had to wait a period of two years before requesting a final decree.

Once Governor Wolf signs the bill, the reduced waiting period will take effect within 60 days. However, the reduced waiting period will only apply to divorces filed after the effective date of the law. It is not retroactive.

If your spouse will not consent to a divorce, and you have not yet filed, you may consider postponing filing until the law goes into effect.

Spivak Law Firm handles all areas of family law, including: divorce, child custody, child support, and Protection from Abuse (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.

Divorce: Who Gets The House?

Posted on December 28 2016 by Todd Spivak and Rebecca Canterbury

Will I lose the house in the divorce if I move out?

Under Pennsylvania law, the marital residence is subject to division if it is considered marital property, which is defined as property acquired during the marriage and before final separation.

If your ex moves out at separation, you likely stand a better chance of staying in the home; however, you may later have to pay your ex a share of the home’s equity value.

Keep in mind that even if you acquired the house before marriage, your ex will share in any increases or decreases in the value of the property.

Dividing Marital Property

Posted on December 28 2016 by Todd Spivak and Rebecca Canterbury

Under Pennsylvania divorce law, marital property is divided through a process known as equitable distribution. Marital property includes property acquired during the marriage, such as: houses, cars, retirement accounts, jewelry, artwork, etc.

To save significant time, stress, and money, you may bypass the formal equitable distribution process by reaching agreement on the distribution of marital assets through a written Marriage Settlement Agreement.

Spivak Law Firm handles divorce, equitable distribution trials, and the drafting of Marriage Settlement Agreements. Call us at (412) 344-4900 or toll free at (800) 545-9390.

Child Custody: Kids’ Choice

Posted on December 19 2016 by Todd Spivak and Rebecca Canterbury

Contrary to popular belief, Pennsylvania courts generally do not determine child custody schedules based on the preference of the child.

Pennsylvania follows the “best interest of the child” standard. The well-reasoned preference of the child is only one of sixteen factors considered by the judge, and it may not be weighed at all if the child is deemed too young or immature.

Spivak Law Firm handles all areas of family law, including: divorce, child custody, child support, spousal support, 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.

Accused of Domestic Abuse?

Posted on December 7 2016 by Todd Spivak and Rebecca Canterbury

Are you accused of domestic violence or child abuse?

Have you been served with a Protection From Abuse (PFA) Order?

Have you been arrested or cited by police?

Are you under investigation by Children Youth and Families (CYF)?

Is your ex seeking sole or primary physical custody of your children?

Is your ex trying to terminate your parental rights?

Spivak Law Firm handles all areas of family law and criminal defense with a focus on cases involving child custody and domestic violence.

We provide strong, aggressive defense at Protection From Abuse (PFA), Children Youth and Families (CYF) and criminal domestic violence hearings.

We fight back against heinous abuse allegations, protecting your reputation and preserving your child-custody rights.

Our child custody cases are high-conflict with parents who communicate poorly, make false accusations of neglect or abuse, and seek to alienate the other parent from the children.

Our PFA cases are high stakes with parents who risk losing their children, their homes, their liberty, and their employment. We have successfully represented police and military officers, nurses, teachers, and other professionals subject to criminal background checks. For these people, their careers are on the line.

If you’ve been falsely accused of abuse, call Spivak Law Firm today. We treat our clients with dignity and compassion. We build the strongest possible defense so you can get your life back.

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