Yearly Archives: 2012

Child Custody Rights in Pennsylvania

Posted on September 22 2012 by Todd Spivak and Rebecca Canterbury

It is widely believed that in child custody disputes courts favor giving primary custody of the child to the mother.

But the law rejects this notion.

Pennsylvania law states: “In any action regarding the custody of the child between the parents of the child, there shall be no presumption that custody should be awarded to a particular parent.”

Thus, under the law, both parents are presumed by the court to have equal custodial rights over their child or children.

In some limited situations, a person who is not the child’s parent – a grandparent, for instance – may also assert custodial rights over the child. But even in these cases, the parent’s custodial rights take precedence.

Pennsylvania law states: “In any action regarding the custody of the child between a parent of the child and a nonparent, there shall be a presumption that custody shall be awarded to the parent.”

To learn more about your child custody rights, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Pennsylvania May Suspend Life Sentences for Juvenile Offenders

Posted on September 13 2012 by Todd Spivak and Rebecca Canterbury

Pennsylvania is still grappling with how to interpret the United State Supreme Court’s recent landmark ruling in Miller v. Alabama that mandatory life sentences for juvenile offenders constitute cruel and unusual punishment under the 8^th Amendment.

The main question is whether the ruling should be applied retroactively to include the 470 people across Pennsylvania now serving mandatory life sentences for crimes they committed as juveniles. That’s more than any other state.

Not surprisingly, criminal defense organizations support retroactivity while prosecutors oppose it.

Many prosecutors even go so far as saying that Miller v. Alabama does not abolish mandatory life sentences for juvenile offenders. Instead, they say, such sentences may be given but only after there is a special sentencing hearing similar to those given in death row cases.

The Pennsylvania Supreme Court hears arguments on these issues this week.

Why You Need an Experienced PFA Lawyer

Posted on September 3 2012 by Todd Spivak and Rebecca Canterbury

In Pennsylvania, any person who files a PFA restraining order gets a free attorney. But people who are served with a PFA do not. We strongly advise that you hire our experienced PFA attorney to strongly defend you and help level the playing field. In most cases, we get the PFA dropped.

Many people who are served with a PFA make the mistake of not taking it seriously. They may not show up for their hearing. Or they may choose to represent themselves at the PFA hearing. But a PFA has severe consequences that can haunt you for years like a criminal record. If you’ve been served with a PFA, you need to take it seriously.

If you fail to appear at your PFA hearing, a judge may hit you with a no-contact order lasting three years, the maximum penalty allowed under Pennsylvania law. You can be jailed for six months for violating any provision of a PFA order – even if your accuser is lying.

If you choose to represent yourself, you run the risk of being manipulated by your accuser’s attorney. Do not make the mistake of thinking that your accuser’s lawyer is looking out for your best interests. Only your own lawyer will do that.

Many cases of alleged harassment, stalking, and abuse simply do not rise to the level of a PFA. We know Pennsylvania PFA law and can defend you from false allegations and exaggerations. If you’ve been served with a PFA, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

“Legitimate Rape” and Child Custody Laws

Posted on August 25 2012 by Todd Spivak and Rebecca Canterbury

Missouri Congressman Todd Akin lit a political firestorm with his statement that “legitimate rape” rarely results in pregnancy. “If it’s legitimate rape,” Akin said, “the female body has ways to try to shut that whole thing down.”

What is “legitimate rape?”

And how can a woman’s body distinguish the sperm of a rapist from a consensual partner?

But some good may result from the controversy, as Akin’s comment has shifted the political focus to women’s rights.

Today 31 states allow men who father through rape to assert child custody and visitation rights.

I mean can you imagine getting raped, becoming pregnant, having the child, and then having your rapist seek custody rights over the baby and becoming legally bound to you for the next 18 years?

It’s unthinkable.

But that’s precisely what happened to Shauna Prewitt, a rape survivor, attorney, and activist who investigated the custody rights of men who father through rape.

Moreover, Prewitt’s rapist threatened to assert custody of their child unless she stopped pursuing criminal charges against him. Most states sanction this cruel form of blackmail.

Nineteen states, including Pennsylvania, passed laws allowing courts to terminate parental rights of men who father children through rape. Pennsylvania law states: “The rights of a parent in regard to a child may be terminated” if “the parent is the father of a child conceived as a result of a rape or incest.”

Hopefully, Akin’s “legitimate rape” comment will inspire more states to follow Pennsylvania’s lead and pass legislation restricting the ability of men who father children through rape to assert custody rights.

What to Expect at Your PFA Hearing

Posted on August 20 2012 by Todd Spivak and Rebecca Canterbury

If you’ve been served with a PFA, your PFA hearing is likely within 10 days. The thought of having to go before a judge can be very stressful. Indeed, it should cause you some anxiety. After all, a PFA has serious consequences: it can evict you from your home, restrict your ability to see your children, and even land you in jail for six months if you violate it.

At Spivak Law Firm, we handle many PFA cases – representing both defendants and plaintiffs. It often calms our clients when we explain what to expect at a PFA hearing. Here are some things we always go over with our clients to help prepare them for their day in court:

First, it’s important that you show up at the hearing on time. In Allegheny County, PFA hearings are scheduled for 9 a.m. If you show up later than 10 a.m., you could be slapped with a full three-year PFA. Running late is a poor excuse, so plan ahead. Expect traffic and difficulty parking. Like an airport terminal, you will likely have to wait in a long line of people to get through a metal detector. We advise our clients to get to the courthouse by 8:45 a.m.

Second, the plaintiff and defendant likely will not see each other. There is a room for defendants and a separate room for plaintiffs. But do not forget that the PFA remains in place even at court on the day of the hearing. A PFA is a no-contact order. If you violate it, you may be arrested. If you see your accuser in the courthouse, stay away. Do not share an elevator or talk to your accuser. Just go to the waiting area – in Allegheny County, it’s on the third floor of the Family Court Building – check in, and wait for your attorney.

Third, you probably won’t see a judge. Most cases get resolved by the attorneys without ever having to appear before a judge. At Spivak Law Firm, we get the PFA dropped in most cases through negotiations with opposing counsel. Nevertheless, you should work with your attorney so you are prepared to make your strongest case before a judge. Bring any documentation that is helpful to your case – phone records, emails, text messages, photographs, etc. If possible, bring eyewitnesses who can testify as to whether the alleged abuse actually occurred.

For more information about what to expect at your PFA hearing, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Client Relieved as Spivak Law Firm Gets PFA Dismissed

Posted on August 10 2012 by Todd Spivak and Rebecca Canterbury

Dave, my client, can’t sit still. About a week ago, he was served with a PFA restraining order from his wife for stalking. Now he’s pacing the third-floor hallway of the family court building in downtown Pittsburgh nervously awaiting his PFA hearing.

I met Dave a few days earlier at my law offices to discuss his case. Dave and his wife were separated for several months. They have a young son together. They both also have children from prior relationships.

She claims he was stalking her by showing up unexpectedly at places like the grocery store, the gas station, Kennywood and Sandcastle. Dave denies following her, and says it was coincidental — after all, they live in the same neighborhood.

Dave was anxious about the PFA. He knew his wife was using it to gain custody rights over their child. The PFA system — though vitally important for helping victims of domestic abuse — is routinely abused by people aiming to get leverage in a child custody case or to evict an ex from a shared residence.

He also worried that she would one day lie about him violating the PFA to get him arrested. Violating any provision of a PFA can land you in jail for 6 months. In domestic violence cases, police routinely make arrests based solely on the complainant’s statement.

I asked Dave to stay in the waiting room with the other PFA defendants while I met with his wife’s attorney. Most PFA cases get resolved by the attorneys without ever having to appear before a judge. But the wife’s attorney insisted on a three-year PFA against my client – the maximum allowed under Pennsylvania law.

I told the attorney that no judge would grant a three-year PFA against my client. But the opposing counsel would not budge. So I said we needed to go before a judge.

At the PFA hearing, I argued that the wife did not allege any physical abuse or threatening behavior. I further explained that the wife does not fear my client, and provided the judge with recent hotel receipts, phone records, and witness statements proving their ongoing relationship.

The judge dismissed the PFA order. My client let out a big sigh of relief and threw his arm around me.

At Spivak Law Firm, aim to provide the strongest possible defense for people accused of stalking, harassment, verbal threats, and physical abuse. In most cases, we get the PFA dismissed. If you’ve been served with a PFA, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

PFA Defense: We Aim To Get the PFA Dropped

Posted on August 4 2012 by Todd Spivak and Rebecca Canterbury

At Spivak Law Firm, we strongly defend people who are served with PFA restraining orders. We represent people who are accused of harassment, stalking, verbal threats, and physical abuse. In most cases, we get the PFA dropped.

Sometimes people ask us why we strongly defend people accused of abuse.

First, we know that many of our clients are falsely accused. People frequently misuse the PFA system to gain leverage in a divorce or child custody matter. We take great pride in protecting our clients’ reputations and legal rights against false accusations.

Second, in some cases, our clients may have engaged in inappropriate behavior that they regret. They did not physically hurt or beat anybody. But they got angry and made threats. Or they kept texting when their partner told them to stop.

These people may have crossed some line, as many people do at times. But their actions did not rise to the level of a PFA. We help these people get the PFA dropped so they can move on with their lives.

Third, in rare cases, our clients may be guilty of serious domestic violence. Such behavior is reprehensible, of course. But we believe that every person accused of legal wrongdoing is entitled to a strong defense.

In these cases, a PFA may be granted. But we are still able to help our clients by protecting their legal rights and mitigating the duration of the PFA.

If you’ve been served with a PFA, we will strongly defend you. Call us at (412) 344-4900 or toll free at (800) 545-9390.

Poll Question: Public Safety v. Privacy?

Posted on July 29 2012 by Todd Spivak and Rebecca Canterbury

License plate camera readers are now being installed at intersections across Allegheny County. The cameras snap high-resolution pictures of every car passing through an intersection, and then store them in a searchable database.

The $35,000 system enables police to not only identify license plate numbers but also zoom in on the car’s driver and other occupants.

It is unclear how long police will store the information and whether proper checks are in place to ensure that police do not misuse the system.

For example: “What if an officer suspected a girlfriend was cheating and wanted to check on her whereabouts?” asked Swissvale Police chief Greg Geppert, according to an article in the Pittsburgh Post-Gazette.

Police say the cameras will help them nab car thieves and locate missing persons. Civil liberties groups say the cameras represent a potential invasion of privacy for law-abiding citizens. What do you think?

Sorry, there are no polls available at the moment.

Pennsylvania Open-Records Laws

Posted on July 21 2012 by Todd Spivak and Rebecca Canterbury

In the wake of the Jerry Sandusky trial, there has been much talk about whether Penn State should suspend its elite football program, whether the iconic Joe Paterno statue should be removed, and whether more top brass at the university should be fired. These questions all deal with punishing the university for protecting a child predator. But a more pressing matter is how to ensure that such horrors never happen again.

That’s why we strongly support legislation that would bring Penn State under Pennsylvania’s open-records laws. Though supported by tax dollars, Penn State, Pitt, Temple, and Lincoln universities all are inexplicably exempt from Pennsylvania’s Right to Know Law. That means Penn State’s records, including police reports, are closed to public view.

“Even the FBI must comply with open records filings, but not Penn State’s cops,” writes columnist Al Tompkins in Northwestern University’s Poynter.org. “That would become a key way the 1998 report about sexual misconduct by Jerry Sandusky stayed hidden for more than a decade.”