South Hills Family Law Firm
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.
Tips For A Positive Divorce
Divorce is often one of life’s most difficult and painful transitions, but there are things you can do to diminish the emotional toll.
Here are some tips for easing the pain of divorce:
- Practice empathy and forgiveness.
- Take the high road.
- Take responsibility for your actions.
- If you have children, focus on their happiness.
To schedule a consultation with an experienced family-law attorney, 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.
3 Benefits of Collaborative Divorce
Collaborative divorce can help you resolve your conflict, and it provides a number of advantages over going to court, including:
- Collaborative divorce is often less expensive than litigating through the courts.
- The process is more flexible, as you can determine your own meeting times to accommodate your work schedule rather than having to follow the court’s schedule.
- Your children are better shielded from conflict, as they avoid the stress of going to court.
To learn more about collaborative divorce, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390 to schedule a consultation.
Avoid Conflict in Divorce
The decision to divorce does not end the hurt feelings and conflict between spouses. The animosity often spills over into the divorce process and can affect your ability to parent effectively. But allowing conflict to take charge of your divorce can prove costly.
One of the best ways to keep legal fees to a minimum is by cooperating with your ex-spouse, if possible. This does not mean giving in to every demand, but to simply make an effort to forgive and remain civil with one another. You and your ex-spouse may benefit from attending co-parenting classes together or even seeing a counselor, which may limit your emotional and financial stress.
Spivak Law Firm handles all family law matters, including: divorce, child custody, child support, spousal support, and PFAs. To schedule a consultation, call Spivak Law Firm 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.
Child Custody and Divorce: Holiday Tips
The holidays are stressful, particularly for divided families, but they can still be enjoyable if you plan ahead.
In order to avoid needless stress or confusion, let your children know in advance where they will be during the holidays, and assure them they will have a good time.
Although you may be feeling lonely or sad without them, try encouraging them to be happy and have fun.
Spivak Law Firm wishes you a safe, happy Memorial Day weekend.
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.