Blog - Spivak Law Firm

PFA Orders Help Abuse Victims

Posted on April 19 2016 by Todd Spivak and Rebecca Canterbury

Are you or your children victims of domestic abuse?

In Pennsylvania, a Protection From Abuse (PFA) Order offers many safeguards, including to:

Evict the abuser from your household
Restrict the abuser from you and the children
Order the abuser to pay financial support
Prohibit the abuser from contacting you
Ban the abuser from possessing guns

Spivak Law Firm provides strong, aggressive representation for Plaintiffs and Defendants at PFA hearings in the following counties: Allegheny, Beaver, Butler, Fayette, Indiana, Washington, and Westmoreland.

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

Domestic Violence Penalties

Posted on April 11 2016 by Todd Spivak and Rebecca Canterbury

Domestic violence experts say that strangulation is a strong indicator for future homicide.

In 2015, six people were strangled to death in Pennsylvania. Studies show that the odds of becoming a homicide victim increase dramatically for women who reported strangulation by a partner in the past.

Pennsylvania lawmakers are now considering a bill to establish a felony strangulation law. The bill would rank strangulation as a second-degree felony or a first-degree felony if the defendant is named in an active Protection From Abuse (PFA) Order, uses an instrument of crime, or has been previously convicted of strangulation.

Spivak Law Firm handles all matters of family law and criminal defense with a focus on domestic violence. Call us at (412) 344-4900 or toll free at (800) 545-9390.

Helping Juvenile Offenders

Posted on April 4 2016 by Todd Spivak and Rebecca Canterbury

In Pennsylvania, people under 18 who commit crimes go to family court, where the approach is more rehabilitative and less punitive. Some policy experts advocate raising the family court’s age to young adults up to 25-years-old.

“Young adults are more similar to adolescents than fully mature adults in important ways,” wrote Vincent Schiraldi and Bruce Western of the Harvard Kennedy School in a recent column published in The Washington Post. “They are more susceptible to peer pressure, less future-oriented, and more volatile in emotionally charged settings.”

Additionally, they point to “disastrous” public safety outcomes resulting from drawing a line at age 18: “For example, 78 percent of 18- to 24-year-old released from prison are rearrested and about half return to prison within three years, the highest rescidivism rate of any age cohort.”

Spivak Law Firm handles all family law and criminal defense matters. We are routinely appointed to represent juveniles in Allegheny County. To schedule a consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Avoid Stress in Divorce

Posted on March 31 2016 by Todd Spivak and Rebecca Canterbury

Divorce doesn’t have to be stressful emotionally or financially.

Litigation tends to increase stress levels for people going through a divorce. But you can get a divorce without ever stepping into a courtroom.

Spivak Law Firm is trained in mediation and collaborative law. We are skilled negotiators who can help spouses reach settlement on all issues, including: child custody; child and spousal support; and dividing assets and debts.

If agreement is reached, we then draft a Marital Settlement Agreement and quickly process the divorce.

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

No Guns For PFA Defendants

Posted on March 21 2016 by Todd Spivak and Rebecca Canterbury

Should Pennsylvania adopt stricter gun laws in an attempt to reduce domestic violence?

Many states have recently done so. For instance, Maine last year passed a law prohibiting people convicted of domestic violence crimes from owning guns for five years after completing their court-ordered sentences.

In Pennsylvania, people with active Protection From Abuse (PFA) Orders against them are prohibited from possessing firearms. PFA defendants must either relinquish weapons to their local sheriff’s office or give them to a friend or family member for safekeeping.

Some activist groups want to further restrict PFA defendants by eliminating the state’s third-party safekeeping provision.

Spivak Law Firm handles all matters of family law and criminal defense with a focus on domestic violence. Call us at (412) 344-4900 or toll free at (800) 545-9390.

4 Reasons to Modify Child Support

Posted on March 15 2016 by Todd Spivak and Rebecca Canterbury

Either parent may seek to modify a child support order at any time. The moving party will need to show a substantial change of circumstances occurred since the final order was entered by the court.

What constitutes a substantial change of circumstances?

Common examples include:

One parent gets more custody time
One parent gets a significant pay increase
One parent gets laid off from work
A child seeks to participate in a new extra-curricular activity

Do not voluntarily quit a job to avoid paying child support, as a court can assign an earning capacity based on past income levels.

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

Child Custody and Social Media

Posted on March 8 2016 by Todd Spivak and Rebecca Canterbury

Everyone has a friend or follower on social media known as the “over-sharer” who posts private information for everyone to see.

If you’re engaged in a child custody dispute, avoid being the “over-sharer.” Think twice about whether or not your next status update could negatively affect your case. What was once a venting session could become evidence that your ex-spouse’s attorney uses against you in Court. The same holds true with emails and texts.

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

Want a PFA? Just Ask.

Posted on March 7 2016 by Todd Spivak and Rebecca Canterbury

In Allegheny County, judges approve nearly all requests for Temporary Protection From Abuse (PFA) Orders.

Indeed, more than 90 percent of requests for a Temporary PFA are granted in all counties surrounding Pittsburgh, including: Allegheny, Beaver, Butler, Washington, and Westmoreland.

But recent reports show that a whopping 44 percent of PFA petitions were denied by judges in York County, located in South Central Pennsylvania. Public meetings have been scheduled in York County to address the disparities.

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

Pennsylvania Child Custody Laws

Posted on February 23 2016 by Todd Spivak and Rebecca Canterbury

People commonly believe that courts favor mothers over fathers when determining child custody schedules. But Pennsylvania law does not give special preference to mothers over fathers.

In fact, many judges today believe that the ideal custody arrangement provides for an equally shared schedule in order to maximize the child’s time with both parents. The results in any child-custody dispute depend on the particular facts and circumstances of the case.

At Spivak Law Firm, we handle all child-custody matters, including: trials, conciliations, relocation hearings, and contempt actions. Call us at (412) 344-4900 or toll free at (800) 545-9390.

Are PFA Hearings Fair?

Posted on February 15 2016 by Todd Spivak and Rebecca Canterbury

If you’re a victim of domestic abuse, you can get a Temporary Protection From Abuse (PFA) Order against your abuser simply by telling your situation to a judge at an ex parte hearing. The alleged abuser receives no notice and may not attend the hearing.

Is this fair?

For true victims of domestic abuse, an ex parte hearing is often necessary to escape a violent relationship. But it is commonly known among family law professionals that many people abuse the PFA system just to gain leverage in child custody and divorce.

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