Spivak Law Firm

Based in Pittsburgh, PA

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PFA: Help for Victims

 

pfa-pic2Under 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.

Spivak Law Firm Hires New Attorney

rc-headshot-white-fullSpivak Law Firm is pleased to announce that Rebecca Canterbury has joined our family law and criminal defense practice as an attorney at law.

A Pittsburgh native, Attorney Canterbury earned a Juris Doctor degree from Duquesne University School of Law. During law school, she represented clients at Protection From Abuse (PFA) and child custody hearings while working for Neighborhood Legal Services Association and the Duquesne University School of Law Family Law Clinic.

Attorney Canterbury served as a law clerk for the Honorable Kevin G. Sasinoski of the Allegheny County Court of Common Pleas – Criminal Division, as well as for several private law firms in Pittsburgh focusing on criminal defense and family law. She began as a law clerk at Spivak Law Firm before joining the firm as an attorney.

While serving as president of the Family Law Society at Duquesne University School of Law, Attorney Canterbury organized and moderated a symposium to address whether Pennsylvania’s Protection From Abuse (PFA) laws strike the right balance for protecting domestic-violence victims while also limiting false claims of abuse.

Earlier this year, Attorney Canterbury wrote an article published in the Pittsburgh Post-Gazette entitled Impoverished Parents Deserve Their Day In Court on how filing fees in Allegheny County prevent low-income parents from asserting their child-custody rights. The article was reproduced in the fall 2016 edition of At Issue, published by the Pennsylvania Bar Association.

This month, Attorney Canterbury co-wrote an article with Attorney Spivak published in the Pittsburgh Post-Gazette entitled Clean The Slate In Pennsylvania on the importance of making it easier to expunge criminal records and give people a fresh start in life.

Attorney Canterbury focuses her practice on PFAs, child custody, domestic-violence defense, and criminal record expungements.

Spivak Law Firm offers a free consultation on family law and criminal defense matters. To schedule an appointment, call us at (412) 344-4900 or toll free at (800) 545-9390.

Spivak Law Firm Seeks PFA Reforms

PFA Pic1Attorney Todd Spivak recently participated on a panel at Duquesne University School of Law to advocate reforming Pennsylvania’s Protection From Abuse (PFA) laws.

A PFA, also commonly known as a restraining order, is a powerful tool that can evict you from your home, restrict you from your children, and prohibit you from possessing firearms.

Attorney Spivak has long advocated for reforming the PFA law to curb false claims of abuse. Proposals for reform include as follows:

  • Courts should make it easier to allow defendants to recover attorney fees when a PFA is withdrawn or dismissed.
  • District attorneys should criminally prosecute serial filers of bogus PFAs.
  • Temporary PFAs should be removed from the public database when a PFA is later withdrawn or dismissed.

Other panelists included Allegheny Court of Common Pleas Judge Kim D. Eaton and Attorney Tom Putinsky, winner of the Edgar G. O’Connor Fellows Award for outstanding public service.

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

Don’t Let a PFA Hurt Your Reputation

DV Pic8Getting served with a Protection From Abuse (PFA) Order can be upsetting, embarrassing, and downright scary. Police may come to your home or your place of employment. You may be evicted from your home and restricted from seeing your kids. Neighbors, friends, and work colleagues may suddenly perceive you negatively – as an “abuser” – even if the allegations are false.

The mere accusation of abuse can devastate a person’s life and reputation.

At Spivak Law Firm, we aggressively defend people facing allegations of domestic violence and child abuse. We know how the court system works and how to best navigate the system to protect your legal rights. In addition to preparing the strongest possible defense, we pride ourselves on being accessible to clients and treating you with dignity and compassion.

Don’t let a PFA destroy your reputation. Call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Crack Down on Domestic Violence In Pittsburgh

PFA Pic9The Pittsburgh Post-Gazette published the following article by Attorney Todd Spivak, owner of Spivak Law Firm, which handles all areas of family law and criminal defense with an emphasis on child custody and Protection From Abuse (PFA).

Maureen Karr got a temporary protection-from-abuse order against her husband on grounds that he threatened to burn their house down. Two weeks later, according to police, James Karr made good on his promise and his wife died in the fire.

In Pennsylvania, more than 150 people die every year from incidents involving domestic violence. Astonishingly, Allegheny County for two straight years has tallied more domestic-violence fatalities than any other Pennsylvania county, even Philadelphia. In 2013, there were 28 domestic-violence related deaths in Allegheny County, representing nearly one-fifth of such fatalities statewide, according to the Pennsylvania Coalition Against Domestic Violence.

“Some conclude that PFAs are useless, that they’re just a piece of paper,” says Spenser Baca, a third-year student at the University of Pittsburgh School of Law who represented Maureen Karr at a PFA hearing hours before she was killed. “But PFAs help the majority of clients.”

In December, after 14 years of marriage, Maureen Karr told her husband she wanted a divorce. According to her PFA order, James Karr flipped out: he broke her stuff, slashed her car tires and threatened to set fire to their home in Duquesne. Ms. Karr took refuge at a neighbor’s house and called police. James Karr was arrested, briefly incarcerated and charged with public intoxication.

Charges of harassment and terroristic threats would have served Ms. Karr better. James Karr’s bond conditions did not even include a restraining order.

So, on Dec. 15, Maureen Karr obtained the temporary order that evicted her husband from their home and prohibited all contact. “He was threatening to set the house on fire,” Maureen hand-wrote in the PFA petition.

Similarly, last September, Nancy Bour of Ross Township wrote on a PFA petition against her husband: “Threatened to burn the house down if I try to get divorce.” The next day, according to police, Thomas Bour poured gasoline on their house and set it ablaze. Thomas Bour faces trial next month on multiple felony charges of arson and risking catastrophe.

Defendants always make threats,” says Mr. Baca. “It’s surreal when they make true on their threats.”

On Dec. 29, Maureen and James Karr appeared separately on the third floor of family court Downtown. Ms. Karr sought a final PFA order lasting three years — the maximum allowed under Pennsylvania law. But a hearing never occurred, as the defendant suddenly dropped to the floor and convulsed violently. Although James Karr receives disability benefits based on a seizure disorder, Mr. Baca suspects he faked a seizure to avoid the hearing. The parties left the courthouse without even seeing a judge.

In Allegheny County, court administrators estimate that only 5 percent of PFA cases ever go before a judge for a final hearing. Attorneys frequently work out agreements and draft court orders signed by the parties. An administrator will stamp a judge’s signature on them, but there is no direct judicial involvement whatsoever in the vast majority of cases.

Other counties surrounding Pittsburgh handle PFA cases differently. For instance, Westmoreland County judges insist that all parties appear before a judge regardless of how the case is resolved. It’s impossible to know if a judge’s finger-wagging lecture or threat of grave consequences for another infraction would have saved Maureen Karr’s life, but it might have. Allegheny County’s practice of letting administrators stamp court orders must stop.

Moreover, to promote consistency, Allegheny County should have specialized judges with extensive domestic-violence training to handle all PFA hearings. That’s how PFA cases are handled in Philadelphia County, which saw its number of domestic-violence fatalities drop by 33 percent last year.

This is also how things are done across the street in criminal court, where just two judges oversee all of Allegheny County’s domestic-violence cases. But for PFA hearings, 17 family court judges and three senior judges take turns, ensuring an egregious lack of consistency in court rulings.

On Dec. 30, just hours after appearing in court, James Karr showed up at the couple’s red-brick house set on an orange-brick street. The temporary PFA order remained in place, but, according to police, James Karr went in, slammed his wife’s head against a wall, knocking her unconscious, then tied her wrists with floral wire used for making Christmas wreaths, doused her with her favorite Smirnoff vanilla-flavored vodka and lit a match.

Maureen Karr died from smoke inhalation and carbon-monoxide poisoning. James Karr, a South Park native, has been charged with criminal homicide and aggravated arson. The Allegheny County district attorney’s office plans to argue for the death penalty.

It is impossible to know if Maureen Karr’s death might have been prevented. But immediate action should be taken to curb the number of domestic-violence fatalities in Allegheny County. Increased involvement at PFA hearings by judges with advanced training in domestic-violence cases, and the tougher rulings that likely would result, could make the difference.

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

In Her Own Words: PFA Contained Plea For Help

116926544On December 30, 2014, Pittsburgh resident James Karr tied up his estranged wife Maureen, doused her with vodka, and set her ablaze. “He was threatening to set the house on fire,” Maureen Karr wrote just two weeks earlier in a Temporary  Protection From Abuse (PFA) petition filed in Allegheny County.

Charged with homicide and arson, James Karr currently sits in Allegheny County Jail awaiting his preliminary hearing set for January 9th.

Below is a transcript of the Temporary PFA petition that Maureen Karr wrote out herself with a pen just two weeks before she burned to death:

Approximate Date and Time: 12-12-14 @ 7:00 a.m.

Place: 132 Friendship St., Duquesne, PA 15110

James [Karr] threw bottles out onto the street causing glass to go on sidewalk & street. He was threatening to set the house on fire. After I fleed [sic] the house to a neighbors. We witnessed him going outside & stabbing my tires flattening all 4. James then pulled car window down & threw sewing machine & ceiling fan on the street. He called police stating I threw the bottles. While talking with 911 police came & handcuffed James & took him from the premises as he was still outside. He was later 302’d to the hospital. Have received numerous harassing & name calling phone calls[….]

Describe Any Prior Incidents Of AbuseJames becomes irrate [sic] & flips out breaking items in the home. About 3 years ago had a PFA against him because he pulled me down the steps causing me to fall down last two steps injuring my ribs & hip.

Spivak Law Firm provides strong, aggressive representation for plaintiffs and defendants in all domestic violence matters, including PFA, child custody, criminal, and CYF. Call us at (412) 344-4900 or toll free at (800) 545-9390.

How to Withdraw a PFA in Pennsylvania

83496541In Pennsylvania, a victim of domestic violence can get a Protection From Abuse (PFA) restraining order against the perpetrator lasting as long as three years. The PFA restricts the abuser from having any contact whatsoever with the victim, including contact by phone, email, text, social media, or third persons.

But what if the victim no longer thinks the PFA is necessary? Can the PFA simply be vacated or withdrawn? In many cases, the answer is yes, though counties have their own unique processes for making the PFA go away.

For instance, in some Pennsylvania counties, the victim needs to formally file a motion to vacate the PFA and present it to the court. In other jurisdictions, the victim may simply ask the court’s PFA administrator to fill out a form. In all cases, the victim should be prepared to explain to a judge why the PFA is no longer necessary. If the judge disagrees, the PFA may remain in effect whether the victim likes it or not.

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

3 Types of PFA Orders in Pennsylvania

133338146There are three types of Protection From Abuse (PFA) Orders:

  • Emergency PFA Orders are issued by a District Justice when the Court is closed during non-business hours. An emergency PFA Order expires at the end of the next business day for the Court.
  • Temporary PFA Orders are issued by the Court of Common Pleas until a final hearing can be held, which is scheduled within ten business days.
  • Final PFA Orders are entered as a result of an appearance before the Court where both parties have the chance to be heard by the Judge.

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

 

Who Can File a PFA?

77005984Under Pennsylvania law, to file a Protection From Abuse (PFA) Order, there must be a current or former relationship between the victim and the abuser.

A relationship is defined as a spouse, ex-spouse, or persons who have lived like spouses; a current or former sexual or intimate partner; a parent or child; a brother or sister; or other persons related by blood or marriage.

If you are a minor under 18, a parent, guardian, or another adult household member may file on your behalf.

If you do not meet the relationship criteria above, a PFA Order cannot be entered.

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

PFA Law Gives 5 Definitions Of “Abuse”

702075.TIFPennsylvania’s Protection From Abuse (PFA) Law lists five definitions of “abuse”:

The first definition of “abuse” involves physical or sexual violence. The law states: “Attempting to cause or intentionally, knowingly or recklessly causing bodily injury, serious bodily injury, rape, involuntary deviate sexual intercourse, sexual assault, statutory sexual assault, aggravated indecent assault, indecent assault or incest with or without a deadly weapon.” These are the types of conduct people most commonly associate with domestic violence.

Many people are surprised to learn that the second definition of “abuse” involves mere threats. The law states: “Placing another in reasonable fear of imminent serious bodily injury.” Thus, an angry email or text threatening harm or death may be sufficient to grant a PFA order.

The third definition of “abuse” refers to false imprisonment. The law states: “A person commits an offense if he knowingly restrains another unlawfully so as to interfere substantially with his liberty.” Thus, for example, blocking someone from leaving a residence could result in a PFA against you.

The fourth definition of “abuse” specifically involves children. The law states: “Physically or sexually abusing minor children.” The PFA law then refers to statutes involving Child Protective Services.

The fifth definition of “abuse” refers to stalking. The law states: “Knowingly engaging in a course of conduct or repeatedly committing acts toward another person, including following the person, without proper authority, under circumstances which place the person in reasonable fear of bodily injury.”

As you can see, Pennsylvania’s PFA law is very broad. Judges have wide discretion in determining whether a PFA is warranted.

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