Monthly Archives: September 2016

No Guns for PFA Defendants

Posted on September 29 2016 by Todd Spivak and Rebecca Canterbury

Under federal law, people convicted of domestic-violence misdemeanors such as simple assault are banned from owning firearms.

The gun ban also extends to people who are subject to Protection From Abuse (PFA) restraining orders.

Guns are the most common method for killing intimate partners.

Laws restricting firearm access for people subject to restraining orders are associated with a 19 percent reduction in rates of intimate homicide, according to researchers at the Johns Hopkins Bloomberg School of Public Health.

Spivak Law Firm handles all areas 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.

Child Custody and Child Support

Posted on September 19 2016 by Todd Spivak and Rebecca Canterbury

Contrary to popular belief, parents retain custody rights to their children even if they fail to pay court-ordered child support. Child custody and child support are two separate legal issues.

Just because you do not receive child support does not mean that you can refuse custodial access to the children. If you have a custody order, and you refuse to abide by its terms, you may be held in contempt for violating a court order, which carries the following potential consequences:

Up to six months in jail;
A fine up to $500;
Probation for up to six months;
Suspension of your driver’s license; and
Payment of the other parent’s attorney’s fees.

Spivak Law Firm handles all family law matters. To schedule a consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Charged With A Crime?

Posted on September 13 2016 by Todd Spivak and Rebecca Canterbury

If you have been criminally charged, hiring an experienced criminal defense attorney can make a significant difference in the outcome of your case.

You may believe that you are able to effectively represent yourself in court, but the reality is that lawyers often obtain better deals than clients who represent themselves.

Police officers and prosecutors are aware of the fact that most lawyers have a firm grasp on the bargaining process and therefore extend offers of compromise that may not be made to a self-represented defendant who is unfamiliar with court procedure.

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

Domestic Violence Warning Signs

Posted on September 12 2016 by Todd Spivak and Rebecca Canterbury

Domestic violence experts increasingly aim to identify “red flags” that often precede homicides and murder-suicides where abuse is present.

Warning signs include: strangulation, stalking behavior, sexual violence, gun possession, unemployment, substance abuse, and prior attempts by the victim to end the relationship.

Previous abuse by the suspect is the strongest of these “red flags,” according to experts.

Spivak Law Firm handles all areas of family law with a special focus on domestic violence and Protection From Abuse (PFA). Call us at (412) 344-4900 or toll free at (800) 545-9390.

PFA and Criminal Records

Posted on September 6 2016 by Todd Spivak and Rebecca Canterbury

Q: Will a Protection From Abuse (PFA) Order appear on my criminal record?

A: No.

A PFA is a civil matter that appears on the family court docket along with documents relating to divorce and child custody. It will not appear on the criminal docket, though employers increasingly review both dockets when making hiring decisions.

A PFA is not a criminal matter, though it can become one if you are merely accused of violating the Order. A PFA violation can lead to the charge of Indirect Criminal Contempt (ICC), which carries a six-month jail sentence and $1,000.00 fine.

Spivak Law Firm handles all PFA, criminal, and expungement matters. Call us today at (412) 344-4900 or toll free at (800) 545-9390.