Spivak Law Firm | Pittsburgh, PA

Based in Pittsburgh, PA

412-344-4900

Spivak Law Firm is BBB Accredited

Best PFA Lawyer In Pittsburgh

Drug Crimes in PA

If you’ve been criminally charged with drug possession, punishment can be greater if it is a Schedule I or II drug. Schedule I drugs include marijuana, heroin, and LSD. Schedule II drugs include methamphetamine, cocaine, Oxycontin, and Percocet.

If this is your first Schedule I or II drug offense, you face a mandatory six-month driver’s license suspension. You also face as much as a $5,000 fine and up to one year in jail.

The penalties associated with drug possession could harm your educational opportunities, employment opportunities, and even your child custody rights.

If you face criminal drug possession charges, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Domestic Violence and Guns

While misdemeanor charges may seem less serious than felony charges, both can hold similar consequences.

Under Pennsylvania law, if you have been convicted of a felony, you are prohibited from possessing a firearm or ammunition.

Moreover, you are permanently stripped of gun ownership if convicted of a misdemeanor involving domestic violence. This is true even if the incident did not involve firearms.

Spivak Law Firm provides strong, aggressive defense in all PFA and criminal domestic violence cases. For a free consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Assault in Pennsylvania

Q: Can I be convicted of assault even if I never laid a finger on anyone?

A: Yes.

Under Pennsylvania Law, assault consists of intentionally or knowingly causing physical harm to another person or attempting to do so, which puts the other person in fear of immediate bodily harm. Thus, you do not need to physically hit another person to be charged with assault.

Simple assault is a misdemeanor charge that may result in incarceration. Aggravated assault, which involves use of a deadly weapon or results in permanent bodily injury, is a felony charge that carries stiffer penalties.

At Spivak Law Firm, we strongly defend people charged with committing violent crimes such as assault. To have an experienced attorney review your case, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Falsely Accused of Abuse?

Because courts overwhelmingly grant Protection From Abuse (PFA) orders, the system itself is frequently abused by people seeking leverage in divorce and child-custody actions.

In Pittsburgh and all surrounding countries, judges grant more than 90% of all petitions for a temporary PFA Order, which can immediately evict you from your home, restrict you from your kids, and subject you to arrest.

At Spivak Law Firm, we aggressively defend people accused of abuse at PFA and criminal domestic violence hearings. We handle all areas of family law and criminal defense. If you have been accused of domestic violence, call us at (412) 344-4900 or toll free at (800) 545-9390.

Criminal Domestic Violence

Q: I am accused of perpetrating domestic violence. Can my accuser get the criminal charges dismissed?

A: No.

In domestic violence cases, it is common for an accuser to later recant testimony in an attempt to “make the charges go away.” If your accuser no longer wants you to be prosecuted, he or she can make this known to the district attorney’s office. However, the prosecutor has sole discretion to decide whether to pursue criminal charges against you.

Spivak Law Firm handles all family law and criminal defense matters with a focus on domestic-violence issues. We provide strong, compassionate representation in all Protection From Abuse (PFA), criminal domestic violence, and child custody cases.

To learn more about domestic violence law in Pennsylvania, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Child Custody: Corporal Punishment

In child custody litigation, parents are under a microscope. But the court isn’t the only one watching you closely. Your ex is paying close attention too. Your ex may be willing to tell the court anything that brings your integrity as a parent into question, especially the use of corporal punishment.

Although Pennsylvania permits the use of corporal punishment, the standard for deciding custody cases is “the best interests of the child,” which includes the child’s physical and emotional health. Accusations of excessive or extreme corporal punishment are given weight.

In cases where the scales weigh equally in favor of each parent, excessive corporal punishment may tip the scales out of your favor. If you are engaged in a child custody dispute, you should avoid using corporal punishment.

Sending your child back to the other parent with a mark caused by spanking could have disastrous results on your child custody case.

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

Fund Violence Against Women Act

Across the country, organizations that help women recover from domestic abuse draw support from the Violence Against Women Act (VAWA). But President Trump’s proposed budget calls for a 4 percent cut to the department that supports these programs.

U.S. Attorney General Jeff Sessions is charged with enforcing VAWA, though he voted against it in 2013 as a Senator. If these cuts are approved – or if the Republican-controlled Congress fails to renew VAWA in 2018 – victims of domestic violence and sexual assault would lose access to valuable programs designed to help them.

Spivak Law Firm helps victims of domestic violence get the legal protections they need at Protection From Abuse (PFA) hearings and by working with prosecutors on criminal domestic-violence cases. To schedule a consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Funding For Abuse Victims

 

702075.TIFIn domestic-violence cases, research demonstrates that legal-aid services for women reduce the likelihood they will experience domestic violence in the future.

Unfortunately, President Trump’s proposed budget severely cuts departments that fund programs supporting domestic-violence victims. Additionally, the budget proposes to eliminate the Legal Services Corporation, which provides legal aid to domestic-abuse victims who are married to U.S. citizens or lawful permanent residents.

Spivak Law Firm helps victims of domestic violence get the legal protections they need at Protection From Abuse (PFA) hearings and by working with prosecutors on criminal domestic-violence cases. To schedule a consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

PFAs Granted For Roommates, Lovers, Relatives

86505316You can only get a Protection From Abuse (PFA) order against someone you’re related to, right?

Wrong!

Pennsylvania law states that a PFA can be granted against “family or household members, sexual or intimate partners, or persons who share biological parenthood.”

Thus, you can get a PFA against your roommate, your boyfriend/girlfriend, your brother/sister, your parent, your child, or your spouse.

In some states, like California, a person can get a restraining order against a stranger. For instance, movie stars sometimes resort to such orders to prevent stalking by fans. Pennsylvania law does not go that far.

Spivak Law Firm provides strong, aggressive advocacy for plaintiffs and defendants in PFA cases in Pittsburgh and all nearby counties, including: Allegheny County, Washington County, Beaver County, Butler County, Westmoreland County, Indiana County, Clarion County, and Fayette County. To speak with an experienced PFA attorney, 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.