Yearly Archives: 2013

Pittsburgh Dad Loses Child Custody Due to PFA

Posted on August 10 2013 by Todd Spivak and Rebecca Canterbury

Rick (not his real name) never spent a single night away from his 4-year-old daughter until his wife got a temporary Protection From Abuse (PFA) order against him. The PFA evicted Rick from his home and restricted him from having any contact with his child until the PFA hearing some two weeks away.

Rick’s wife got the PFA on grounds that he threatened her during an argument and hit her once several years ago. Rick says these things never happened.

Rick’s wife did not include their child as a protected party on the PFA. Rick is not accused of ever harming or threatening to harm his little girl. Still, the court took Rick’s daughter away by denying him any custodial or visitation rights until the hearing.

Rick figures that his wife filed the PFA to gain leverage in their imminent divorce and child custody battle. Emotionally devastated, Rick continues to wait for his day in court.

Spivak Law Firm provides strong representation in all family law matters. For a free consultation, call (412) 344-4900 or toll free at (800) 545-9390.

What Happens If You Don’t Pay Child Support?

Posted on August 10 2013 by Todd Spivak and Rebecca Canterbury

Child support payments in Pennsylvania continue until a child turns 18 or graduates from high school, whichever occurs later. If you owe child support but do not pay it, there are several enforcement measures that may be taken against you, including:

Your wages may be withheld
Your federal and state income tax refunds may be taken
Your bank or credit union may be ordered to turn over your financial assets
Major credit bureaus may be alerted
The following licenses may be suspended, denied, or not renewed:
- Driver’s license
- Commercial driver’s license
- Professional or occupational license
- Fishing license
- Hunting license
Your passport may be denied or not renewed
Your lottery winnings may be taken
Your name may be published in the newspaper
Your overdue support may become a lien against all real estate that you own in Pennsylvania
You may be fined or imprisoned for up to two years

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

Spivak Law Firm Frees Allegheny County Prisoner

Posted on August 4 2013 by Todd Spivak and Rebecca Canterbury

In a dramatic turn, Spivak Law Firm recently helped free an inmate from Allegheny County Jail so that he can be with his newborn son while awaiting his next court date.

Back in 2011, Frank (not his real name) got three years of probation for stealing and writing bad checks. Last November, he was arrested for failing to report to his probation officer. Eight months later, he was still waiting for a hearing when his Mother called us asking for help.

“Frank’s son is about to be born,” she told us. “Could you please try to get him out of jail?”

We filed a petition with Frank’s judge to lift his detainer. Additionally, we called the judge’s chambers and Frank’s probation officer to argue for his release. Several days later, we received a court order by fax with the heading: “Release of Prisoner.”

Frank is now home with his baby and happy to be out of jail while awaiting his probation violation hearing in the fall.

“My son is thrilled!” Frank’s mother wrote us. “Thank you for your hard work!”

Spivak Law Firm provides strong representation for people facing criminal charges. To speak with a Pittsburgh criminal defense attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Celebrities and Restraining Orders

Posted on August 3 2013 by Todd Spivak and Rebecca Canterbury

Musician Jack White has become the latest in a long list of celebrities to receive a restraining order.

White is engaged in an ongoing child custody battle with his ex-wife who has accused him of sending her harassing emails and texts. Best known as the singer and guitarist for the Grammy Award-winning band The White Stripes, White is barred from having any contact with his children until his hearing date, which remains several weeks away.

In Pennsylvania, restraining orders are known as Protection From Abuse (PFA) orders. The PFA law permits alleged victims of domestic violence to obtain a court order secretly without giving any notice to the defendant, who may be evicted from the home and restricted from seeing his or her children until the PFA hearing usually scheduled within ten days.

In recent years, restraining orders have been granted against musicians Chris Brown, M.I.A., and Courtney Love, as well as actors Mel Gibson, Terrence Howard, and Randy Quaid. Numerous athletes have also received restraining orders, particularly NFL players such as Terrell Suggs of the Baltimore Ravens, Randy Moss of the New England Patriots, Shannon Sharpe of the Denver Broncos, Titus Young of the Detroit Lions, and Mike Logan of the Pittsburgh Steelers.

In California, actors and actres
ses commonly use restraining orders to protect themselves against stalkers. Such actors have included: Halle Berry, Sandra Bullock, Justin Timberlake, Ryan Seacrest, Tyra Banks, Audrina Partridge, Alyson Hannigan, Jeff Goldblum, and Eva Mendes.

In Pennsylvania, by contrast, a person cannot receive a PFA order against a stranger. Rather, the PFA law states that any person can get a PFA against a spouse, a live-in boyfriend or girlfriend, a parent, a child, the parent of his or her child, a former sexual or intimate partner, or any family member related by blood or marriage.

Spivak Law Firm provides strong defense at PFA hearings throughout the Greater Pittsburgh Area, including Allegheny County, Beaver County, Butler County, Westmoreland County, and Washington County. To speak with an experienced PFA attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Pennsylvania Driver’s License Suspension Laws

Posted on July 20 2013 by Todd Spivak and Rebecca Canterbury

In Pennsylvania, your driver’s license will be suspended or revoked if you are convicted of any of the following traffic violations:

-Operating a vehicle while under the influence of drugs or alcohol (DUI);

-Failure to stop when you are driving a vehicle involved in a crash (hit-and-run offense);

-Driving when your driver’s license is already suspended or revoked;

-Second or any additional offense of driving without a valid driver’s license within a five-year period;

-Failure to stop for a school bus with its red lights flashing and stop arm extended;

-Failure to comply with a railroad crossing gate or barrier;

-Driving without lights to avoid identification;

-Fleeing from a police officer;

-Racing on highways;

-Reckless driving;

-Felony involving a vehicle; and

-Homicide by vehicle.

If your driving privilege is going to be suspended or revoked, a written notice will be mailed to you listing the date when the suspension or revocation will begin. Your driver’s license must be returned to the Bureau of Driver Licensing by the effective date of suspension listed on the notice, or the state police and local police will be notified to pick up the driver’s license.

For more information about restoring your driver’s license in Pennsylvania, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

5 Goals of DUI Hotel in Allegheny County

Posted on July 17 2013 by Todd Spivak and Rebecca Canterbury

DUI Hotel, established in late 2010 and modeled after a similar jail-alternative program in Ohio, offers most first-time DUI offenders in Allegheny County an opportunity to complete their sentencing requirements in just four (4) days. Goals of the program include:

(1) Speed Things Up: Reduce the administrative backlog being created by use of probation’s electronic monitoring system.

(2) Save Money: Create a self-sustaining alternative to jail other than house arrest that reduces overall costs to the system.

(3) Make it Easy: Simplify offenders’ ability to complete the required activities and interventions for a first-time DUI offense.

(4) Avoid Probation: Lessen the number of DUI offenders returning to court for probation violations.

(5) Reduce Recidivism: Decrease the number of first-time DUI offenders returning for second and third offenses.

For a free consultation with an Allegheny County DUI lawyer, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

How To Change Your Child Support Order

Posted on July 14 2013 by Todd Spivak and Rebecca Canterbury

Child support orders can always be modified. Parents can petition the court to modify their child support order at any time based on a change in circumstance. Courts may change a child support due to any of the following factors:

A parent’s income significantly increases or decreases;
The child now has significant or continuing medical expenses;
There is a change in child care;
There is a change in medical insurance;
The parents now live together;
The child receiving support has turned 18 and graduated from high school;
The child starts living with the noncustodial parent or someone other than the custodial parent
The noncustodial parent is incarcerated
Other substantial changes in circumstance occur

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

3 Types of Bail in Pennsylvania

Posted on July 12 2013 by Todd Spivak and Rebecca Canterbury

Bail is typically set shortly after a defendant’s arrest. In Pennsylvania, courts may not use bail as punishment. Rather, bail is security used to guarantee a person’s appearance in criminal court. There are three types of bail:

(1) Cash Bail

Cash bail requires the posting of the full amount of the face value of the bond. So, for example, a $5,000 cash bond requires the posting of $5,000.

(2) Percentage Cash Bail

This form of bail requires the deposit of 10 percent of the face amount of the bond. For instance, a $5,000 percentage cash bond requires the posting of $500.

(3) R.O.R.

R.O.R., which stands for Release on Own Recognizance, is when a person is released without having to put up any cash in order to guarantee their appearance in court.

You can post bail by cash, real property, private bondsman, or professional surety company. To speak with a Pittsburgh criminal defense attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Pennsylvania PFA Orders Restrict Contact

Posted on July 7 2013 by Todd Spivak and Rebecca Canterbury

A Protection From Abuse (PFA) order is commonly known as a restraining order or no-contact order. Under Pennsylvania law, “no contact” includes: no physical contact; no phone calls; no emails; no text messages; no mailing letters; no sending flowers, boxes of candy, or gifts of any kind; and no third-party contact, such as sending messages through friends, relatives, neighbors, religious leaders, or acquaintances. If you’ve been served with a PFA, do not try to persuade the plaintiff into withdrawing the PFA. Violating a PFA order can result in a six-month jail sentence and a $1,000 fine.

Spivak Law Firm provides strong representation for people at PFA hearings and Indirect Criminal Contempt (ICC) hearings. To speak with an experienced PFA lawyer, call Spivak Law Firm at (412) 344-4900 or (800) 545-9390.

How Courts Divide Property In Divorce

Posted on June 22 2013 by Todd Spivak and Rebecca Canterbury

Who gets the toaster? Who gets the couch? Who gets the car? Who gets the house? At its most basic level, divorce is about people splitting up and figuring how to split up their stuff.

Parties can always bypass the courts and figure this out for themselves with the help of a mediator or collaborative divorce attorney. Spivak Law Firm is certified in mediation and collaborative divorce.

In Pennsylvania, the formal process for dividing property through the courts is equitable distribution. Equitable does not mean equal; it means fair.

A court looks at several factors to determine how to fairly divide the parties’ marital assets and debts. Marital fault does not play any role here. Evidence of adultery or domestic violence does not affect equitable distribution.

According to Pennsylvania law, the court may consider each marital asset independently and apply a different percentage to each marital asset. Some key factors relevant to equitable distribution include:

–The length of the marriage;

–The needs of the parties;

–The income, job skills, and employability of each party;

–The standard of living of the parties established during the marriage;

–The contribution of each party in the acquisition of the marital property, including the contribution of the party as a homemaker; and

–The tax consequences associated with each asset.

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