Monthly Archives: September 2019

DUI: Stiffer Penalties In Pennsylvania

Posted on September 16 2019 by Todd Spivak and Rebecca Canterbury

The legal consequences for repeatedly driving under the influence in Pennsylvania have become much more severe under a recent new law, which establishes the state’s first felony for DUI.

It applies when someone has been charged with a third offense in a decade with at least twice the legal limit for alcohol, or to any fourth-time offender.

The new law mandates longer jail time for those who unintentionally cause someone’s death because of a repeat DUI violation.

The stiffer penalties include increased fines and penalties for driving under the influence on a license suspended due to a DUI conviction.

Spivak Law Firm handles all areas of criminal defense, including DUI, domestic-violence defense, PFA violations, and criminal-record expungements. We routinely handle preliminary hearings and summary trials.

Charged with a crime? Call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Grandparents Have Child-Custody Rights

Posted on September 16 2019 by Todd Spivak and Rebecca Canterbury

Under Pennsylvania law, grandparents for years have held a special status that allows them to seek custody of a grandchild even against the parents’ wishes.

A new law that went into effect last summer intended to clarify the specific situations under which grandparents may pursue partial physical or supervised custody of a grandchild.

For instance, a grandparent may seek custody so long as the relationship with the child began either with the consent of a parent of the child or under a court order and the parents of the child have been separated for at least six months.

Alternatively, the new law invests custody rights in grandparents even the parents oppose it in cases when the parents are going through a divorce.

Spivak Law Firm handles all child custody and support matters, including: custody trials, custody conciliations, drafting custody orders, custody relocation, father’s rights, mother’s rights, and grandparents’ rights.

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

PFA And Divorce: Date Of Separation

Posted on September 13 2019 by Todd Spivak and Rebecca Canterbury

The filing of a Protection From Abuse (PFA) petition against a married partner may be the first step toward divorce.

If so, the PFA will usually as a clear date of separation when the couple stopped living together.

This may prove important, as divorce laws in Pennsylvania permit a spouse to delay the divorce process by a year.

The filing of a PFA often starts the clock on the one-year waiting period.

Spivak Law Firm handles all areas of family law, including: divorce, child custody, child support, spousal support, and PFAs.

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.

Pennsylvania Law Affects Gun Owners

Posted on September 6 2019 by Todd Spivak and Rebecca Canterbury

In Pennsylvania, people convicted of misdemeanor domestic-violence crimes will be required to relinquish their guns to police within 24 hours.

The new law applies to people convicted of:

Simple Assault
Terroristic Threats
Aggravated Assault
Endangering The Welfare of A Child
Recklessly Endangering Another Person
Child Abuse
Stalking
Harassment

The new law could have a devastating impact on people whose livelihoods depend on the ability to carry a firearm such as police officers and other law-enforcement officials.

Spivak Law Firm provides strong, aggressive defense for people accused of domestic abuse. For a free consultation, call us at (412) 344-4900 or toll free at (800) 545-9390.

Collaborative Divorce: A New Trend

Posted on September 3 2019 by Todd Spivak and Rebecca Canterbury

A new Pennsylvania law aims to legitimize collaborative divorce and create a uniform standard of practice.

Collaborative divorce is a relatively new, alternative way for couples to obtain a divorce without need for court intervention.

Collaborative divorce involves a problem-solving approach with interest-based negotiations rather than positional bargaining.

It involves several meetings with two clients, two collaborative lawyers, a facilitative coach who is a mental health professional, a neutral financial professional and a neutral child specialist if needed.

The meetings address all elements of the divorce, including child custody, child and spousal support, and division of the marital assets and debts.

Spivak Law Firm has received specialized training in collaborative divorce with membership in the Collaborative Law Association of Southwestern Pennsylvania. To schedule a consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.