Yearly Archives: 2018

What is an expungement?

Posted on May 7 2018 by Todd Spivak and Rebecca Canterbury

Expungement refers to the legal process for erasing a person’s criminal record. Under Pennsylvania law, the term “expunge” means as follows:

-To remove information so that there is no trace or indication that such information existed;

-To eliminate all identifiers that may be used to trace the identity of an individual, allowing remaining data to be used for statistical purposes; or

-Maintenance of certain information required or authorized when an individual has successfully completed the conditions of any pre-trial or post-trial diversion or probation program.

Spivak Law Firm helps people expunge their criminal records so they can move on with their lives. To speak with an experienced criminal expungement attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Child Custody and Addiction

Posted on May 7 2018 by Todd Spivak and Rebecca Canterbury

If you’re a parent addicted to opiates or other illegal drugs, you are at risk of losing custody of your children.

At Spivak Law Firm, we have significant experience helping parents with drug and alcohol addictions retain custodial rights over their children.

We have helped many parents reunite with their children by obtaining court orders providing them shared or even primary physical custody.

Some of our clients tell their hopeful stories here.

We help parents connect with important resources. We work with our clients to develop long-term strategies to achieve their goals.

Spivak Law Firm provides strong, compassionate, cost-effective representation in all child-custody matters. To speak with an experienced child-custody attorney, call us at (412) 344-4900 or toll free at (800) 545-9390.

PFA and Divorce in Pennsylvania

Posted on April 30 2018 by Todd Spivak and Rebecca Canterbury

The Pennsylvania legislature is considering a controversial bill to restrict sexual abusers from seeking alimony or even equitable distribution under the divorce code.

Alimony refers to the receipt of payments from a former spouse after the divorce has been finalized. Equitable distribution refers to the formal process for dividing marital property.

Spivak Law Firm strongly objects to the bill, which does not make clear whether a criminal conviction is required for the exceptions to apply.

The bill’s definition of “abuse” references the Protection From Abuse (PFA) statute. As a result, individuals with a PFA Order entered against them would be barred from receiving alimony or equitable distribution, leading to further abuse of the PFA system.

Spivak Law Firm provides strong, compassionate, cost-effective representation in all family law matters, including: divorce, child custody, child support, spousal support, and PFA. Call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Protecting LGBTQ Pennsylvanians

Posted on April 30 2018 by Todd Spivak and Rebecca Canterbury

Spivak Law Firm supports efforts to enact a federal Equality Act, providing civil-rights protections for LGBTQ communities throughout the United States.

Pennsylvania lags behind many other states in ensuring basic protections for LGBTQ residents.

For instance, there are no statewide non-discrimination protections for LGBTQ Pennsylvanians, exposing thousands of people to termination from their jobs or eviction from their homes merely for identifying as LGBTQ.

Based in Pittsburgh, Spivak Law Firm provides strong, compassionate, cost-effective representation in all family-law and criminal-defense matters. To schedule a consultation, call us at (412) 344-4900 or toll free at (800) 545-9390.

Child Custody and Young Toddlers

Posted on April 30 2018 by Todd Spivak and Rebecca Canterbury

For kids as young as two- or three-years-old, lying is actually a sign of intelligence.

New research shows that toddlers who lie have the following traits compared to other toddlers:

Higher verbal I.Q.s, by as much as 10 points;
Better faculties for enabling them to control impulses and remain focused on a task;
Heightened ability to see the world through other people’s eyes and other indicators of cognitive development; and
More well-adjusted and socially adept.

Spivak Law Firm handles all areas of family law, including: divorce, child custody, child support, Children Youth and Families (CYF) and Protection From Abuse (PFA). To speak with an experienced family-law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

PFA Orders and Police Officers

Posted on April 17 2018 by Todd Spivak and Rebecca Canterbury

Pittsburgh police must keep statistics for officers involved in criminal domestic violence incidents and Protection From Abuse (Orders).

The mere accusation of abuse against a law-enforcement official can be devastating.

PFA Orders frequently restrict defendants from possessing firearms. Because police officers are required to possess a firearm as part of their job, a PFA may result in suspension or even termination.

Spivak Law Firm has successfully defended police officers at the federal, state, and local levels against accusations of abuse. For a free consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Summary Offenses and Expungements

Posted on April 17 2018 by Todd Spivak and Rebecca Canterbury

Summary offenses are low-level criminal offenses. They include public intoxication, disorderly conduct, public urination, harassment, and cruelty to animals.

If you’re charged with a summary offense, we recommend contesting the charges by pleading ‘not guilty’ and hiring Spivak Law Firm to represent you in court.

We have helped many people charged with summary offenses, then successfully expunged, or erased, the charges from their criminal records.

At Spivak Law Firm, we do not judge our clients. We provide strong, aggressive representation to help them move on with their lives.

Call us today at (412) 344-4900 or toll free at (800) 545-9390.

Child Custody and Football

Posted on April 17 2018 by Todd Spivak and Rebecca Canterbury

Should you let your child play football or hockey?

As medical research continues to link sports-related concussions to long-term brain damage, families increasingly disagree about whether it is worth the risks.

A current child-custody dispute in Upper St. Clair has gotten national attention, as the father of a 17-year-old boy has asked a family-court judge to block him from playing football.

The boy, whose brother plays football for Case Western University in Cleveland, has suffered at least three concussions. His mother supports his decision to play.

Spivak Law Firm handles all matters involving child custody. We provide strong, compassionate, cost-effective representation in all family-law matters.

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

PFA Orders Restrict All Contact

Posted on April 9 2018 by Todd Spivak and Rebecca Canterbury

If you’re served with a Protection From Abuse (PFA) Order, take it seriously. A PFA can evict you from your home and restrict you from your child. If you’re even accused of violating the order, you may face criminal charges and spend a night or two in jail.

At Spivak Law Firm, we’ve helped hundreds of people facing allegations of domestic abuse. If you’re served with a PFA, we urge you to follow the order by having no contact with the person who obtained the PFA against you. Even friendly communication could lead to criminal charges.

Do not call, text, or email your accuser. Do not contact your accuser via social media. If you see your accuser in public while the PFA remains active, leave the area immediately. Direct family members and friends that they cannot intervene on your behalf to mediate the dispute. Otherwise, you may be arrested based on third-party contact.

Spivak Law Firm provides strong, aggressive representation at PFA hearings in Pittsburgh and all surrounding counties, including: Allegheny, Beaver, Butler, Fayette, Indiana, Washington, and Westmoreland. For a free consultation with an experienced PFA attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Disorderly Conduct Penalties In Pennsylvania

Posted on April 9 2018 by Todd Spivak and Rebecca Canterbury

Disorderly conduct is generally charged as a summary offense, though it may be graded as a more serious third-degree misdemeanor under certain conditions in Pennsylvania.

Disorderly conduct is a third-degree misdemeanor when:

The defendant intends to cause “substantial” harm;
The defendant intends to cause “serious” inconvenience; or
The defendant “persists” in disorderly conduct after reasonable warning to stop.

Penalties for a summary offense include a maximum of 90 days in jail, whereas penalties for a third-degree misdemeanor offense include a maximum of one year in jail.

Under Pennslylvania law, only summary offenses can be expunged after five years, though third-degree misdemeanors may be eligible for sealing after 10 years.

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