Bethel Park Family Law
Domestic Violence Penalties
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.
Pennsylvania Child Custody Laws
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.
What’s In A Child Custody Order?
A child custody order can be short – as little as half a page – or very long – running many dozens of pages. Child custody orders typically direct how parents:
–Share responsibility for making major decisions that affect the children
–Share time with the children during the school year
–Share time with the children during the summer months
–Share time with the children during holidays and birthdays
–Communicate about the children
–Communicate their vacation plans
–Transport the children for custody exchanges
–Notify one another if they plan to relocate
Parents need not follow the order so long as they both agree to changes. But in the event parents disagree, the order provides a framework that enables them to co-parent effectively while minimizing conflict.
At Spivak Law Firm, we provide strong, compassionate representation in all child custody matters. Call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
High Conflict Child Custody Cases
In Allegheny County, parents are strongly encouraged to determine their own child custody schedules. In most cases, with the help of family law attorneys and court-appointed mediators, parents are able to reach agreement on how to divide time with their children.
But high-conflict custody cases often cannot be resolved through negotiation. Parents with serious communication problems and high levels of anger and distrust may take their cases to trial.
At Spivak Law Firm, we are effective negotiators who help parents craft their own child custody orders. We are also trained trial lawyers experienced at aggressively litigating cases to reach our client’s goals.
For a free consultation with an experienced child custody lawyer, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
The Needs and Rights of Children
Ideally children should be parented cooperatively. They should be permitted and encouraged to form the best possible relationship with both parents and develop health connections with the families of both parents as well. If children feel safe and secure in their primary relationships, they are likely to be successful, happy, and well-adjusted. The goal is to establish a base from which children can continue their uninterrupted healthy growth patterns.
Every child has the right to:
- Develop a relationship with both parents
- Exist in a world free of parent-driven conflict
- Go back and forth to visit freely between both parents
- Spend time and engage in activities with both parents
- Have a comfortable and safe space in both homes
- Expect consistent behavior from both parents
- Have the major issues (medical, legal, educational) shared with both parents
- Not ever be put in a position to choose between their parents
- Sometimes make their own choices and to be heard
- Be a child
To speak with an experienced child custody attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
A Parent’s Responsibilities
Every parent has the responsibility to:
- Engage in the best possible cooperative parenting partnership
- Encourage and promote their children’s relationship with the other parent
- Make and keep appropriate custody and visitation schedules
- Develop their own parenting style and not deliberately interfere with the other parent’s parenting
- Provide private and comfortable space for their children in their home
- Provide good, safe, and appropriate child-care when parents cannot be available
- Communicate with the other parent about legal, educational, medical, and financial needs
- Support their children’s participation in educational or extra-curricular and community activities
Spivak Law Firm provides strong, compassionate representation in all child custody matters. To speak with an experienced family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Strong Defense at PFA Hearings
Attending a Protection From Abuse (PFA) hearing without an experienced attorney often proves disastrous for defendants. A PFA is a powerful tool that can evict you from your home, restrict your child-custody rights, and lead to your arrest based on a mere allegation of violating it.
In Pittsburgh and most surrounding counties, “victims” of domestic violence and child abuse get a “free” lawyer to help them obtain PFA orders.
But PFA defendants do not get a free lawyer. Many PFA defendants wrongly believe that they are entitled to a public defender. But a PFA is not a criminal matter, so public defenders generally cannot get involved.
A Final PFA Order will stay on your record for the rest of your life. It is a public record that may cause embarrassment, tarnish your reputation, and hurt your job opportunities.
Spivak Law Firm aims to provide the strongest possible defense at PFA hearings in Allegheny County, Beaver County, Butler County, Fayette County, Indiana County, Washington County, and Westmoreland County.
To speak with an experienced PFA defense attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
5 Tips for Parents Who Share Custody
Parents who share custody of their children must learn to communicate effectively without engaging in destructive, unproductive arguments. Below are five tips for promoting effective communication:
- Non-threatening communication is most effective: People feel accused and respond defensively when they are attacked verbally with the work “You.” Avoid beginning your sentences with “You” and try to use “I” or “We” whenever possible. Using “I” and “We” reflects feelings or attitudes about something and does not evoke a defensive response.
- Limit communications to child-related issues: Pay attention to your non-verbal communications. More than half of communication is conveyed through facial expressions and almost 40 percent through the tone of your voice.
- Try to decide ahead of time that you will not engage or participate in destructive communication: This is extremely difficult and may even seem a bit strained at first. Remember: It is your choice to stay in control. Problems cannot be resolved unless communication works constructively in the family partnership.
- Pay attention and avoid parallel communication: Have you ever started a sentence and realized that the other person was not listening, but rather looking as if he or she was preparing to respond? Suddenly, the person begins talking and you continue trying to finish your part of the conversation. Both of you continue to communicate in a parallel manner, no one is heard and nothing is resolved. Parallel lines never come together and nothing ever changes with parallel communication.
- Learn to listen to the other party: How we communicate and learn to negotiate our differences is the number one issue in the success or failure of any relationship – business, personal, or otherwise. Good communication gives us a means to express our thoughts, feelings, needs, and concerns. As human beings, we all want to know that someone is listening to us while we are talking. Effective listening validates the words of the communicator. When you know that people are listening to you, most likely you will want to make a conscious effort to listen to them.
Spivak Law Firm provides strong, compassionate representation in all family law matters, including: divorce, child custody, child support, spousal support, and Protection From Abuse (PFA). To speak with an experienced family law attorney, call (412) 344-4900 or toll free at (800) 545-9390.
Spanking Kids Yields Negative Results
Although some 80 percent of American parents spank their kids, the use of corporal punishment as a method of behavior modification is not supported by the American Academy of Child and Adolescent Psychiatry.
Extensive research demonstrates that although corporal punishment may have a high rate of immediate behavior modification, it is ineffective over time, and is associated with increased aggression and decreased moral internalization of appropriate behavior. Additional negative outcomes associated with corporal punishment are:
- Increased risk for physical abuse
- Learning that aggression is an acceptable method of problem solving
- Experiencing physical and emotional pain, which decreases learning capacity
- Being less likely to learn why a certain behavior or action was wrong
- Behaving out of fear in the future
Alternatively, parenting programs recommend appropriate limit setting and use of praise to increase positive behaviors, decreasing hostile or coercive family interactions, and enhanced problem solving. These techniques tend to improve the parent-child relationship and decrease the need or utility of corporal punishment.
Spivak Law Firm handles all family law matters with a focus on child custody. Call us at (412) 344-4900 or toll free at (800) 545-9390.
What To Write On Your PFA Petition
Applying for a Protection From Abuse (PFA) Order can be a confusing and even scary process. The PFA Act says that you must prove to the court that you have been abused, as described in the categories below. Abuse can take many forms, including economic, emotional, and psychological, and you can write about those, too.
Note: The defendant will receive a copy of the petition. It will also be available as a public record at your county courthouse.
In your PFA petition, you can describe any of the following, if they happened to you:
- “Acts that cause bodily injury or serious bodily injury and/or sexual offenses.” These include hitting, punching, slapping, pushing, strangling, chocking, forcing sex or attempting to do any of these things.
- “Putting another person in reasonable fear of imminent serious bodily injury.” This refers to making threats to harm or kill you, your family, your children, or your pets.
- “False imprisonment.” This includes restraining your movement or holding you down.
- “Physical or sexual abuse of minor children.” This includes corporal punishment or spanking that leaves marks or requires medical attention.
- “A course of conduct or repeatedly committing acts toward another that put the person in reasonable fear of bodily injury.” This includes sending threatening emails, following you, repeatedly calling you on the phone, and showing up at your residence, workplace, or school.
Spivak Law Firm provides strong, compassionate representation for plaintiffs and defendants at PFA hearings in Pittsburgh and all nearby counties, including: Allegheny County, Beaver County, Butler County, Fayette County, Indiana County, Washington County, and Westmoreland County.
To speak with an experienced PFA attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.