Yearly Archives: 2021

Why Get An Expungement?

Posted on December 31 2021 by Todd Spivak and Rebecca Canterbury

A criminal record can hurt you in many ways. For instance, it may keep you from:

-Landing a job or promotion at work;

-Gaining entrance to a college or certification program

-Qualifying for a loan or government assistance program

The chance of being harmed by a criminal record has increased greatly due to recent technological advancements allowing such information to be easily shared and sold to private companies.

If you have a criminal record, call Spivak Law Firm today to determine if you are eligible for an expungement. For a free consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Child Custody and Abuse Allegations

Posted on December 31 2021 by Todd Spivak and Rebecca Canterbury

Allegations of sexual or physical abuse of a child may complicate a child custody case.

Courts take child abuse allegations very seriously, often prompting Child, Youth, and Family (CYF) Services investigations and forensic evaluations by medical professionals and law enforcement.

The alleged perpetrator, victim, and relevant third parties are all interviewed.

If the allegations are determined to be “unfounded,” evaluators and caseworkers make recommendations that often include family counseling.

It could take months for CYF to make final determinations, and a court will likely restrict your custody rights during that time.

Spivak Law Firm provides strong, effective advocacy for people facing child abuse allegations.

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

Three Types of PFA Orders

Posted on November 10 2021 by Todd Spivak and Rebecca Canterbury

There are three types of PFA orders in Pennsylvania.

PFA stands for Protection From Abuse.

A PFA is a restraining order that prohibits the alleged abuser from having any contact with the alleged victim.

Under Pennsylvania law, abuse is defined broadly. It includes physical violence, sexual violence, threats of violence, harassment, and stalking.

A person seeking protection from a family member or current or former sexual partner may obtain one of the following three types of PFA orders.

First, an Emergency PFA will last through a weekend or holiday when courts are generally closed. It expires automatically.

Second, a Temporary PFA triggers a hearing date that is supposed to occur within ten days. In Allegheny County and other counties surrounding Pittsburgh, courts grant more than 90 percent of requests for a Temporary PFA.

Third, a Final PFA may be obtained by consent, failing to appear, or after a hearing before a judge. A Final PFA may remain in place for up to three years.

Spivak Law Firm provides strong, compassionate, cost-effective representation at PFA hearings. For a free consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Despite Harms, Parents Continue to Spank Kids

Posted on November 1 2021 by Todd Spivak and Rebecca Canterbury

Parents should not use physical punishment on their kids, according to the American Academy of Pediatrics.

A growing body of research demonstrates that physical punishment is actually harmful to children.

Spanking and other forms of severe discipline – such as verbally berating or humiliating a child – have been repeatedly linked to behavioral, emotional, psychological, and academic problems.

But spanking is still prevalent in American families and legal in all states.

About two-thirds of Americans agreed that “a good, hard spanking” is sometimes necessary to discipline a child, according to a recent national survey.

Spivak Law Firm handles family law and criminal defense with a special focus on child custody and Protection From Abuse (PFA). To schedule a consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

What is an Emergency PFA?

Posted on October 28 2021 by Todd Spivak and Rebecca Canterbury

A person seeking protection from an abuser may obtain an Emergency PFA even when courts are generally closed.

In Allegheny County, local magistrates and a night court judge are available to grant Emergency PFAs at any time, including: on weekends, during holidays, and late at night.

An Emergency PFA expires when courts resume their regular business hours. Therefore, an Emergency PFA granted on Saturday night will generally expire the following Monday.

A person who obtains an Emergency PFA will often return to Court during regular business hours to request a Temporary PFA, which will trigger a hearing date so a judge may determine whether a Final PFA is warranted.

A Final PFA can last up to three years.

The person accused of abuse does not receive any notice or opportunity to defend against the Emergency PFA or Temporary PFA.

Defendants are given the opportunity to challenge the abuse accusations at the Final PFA hearing before a judge.

Spivak Law Firm provides strong, aggressive representation at PFA hearings. To speak with an experienced PFA attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Divorce: Fleeing an Abusive Spouse

Posted on October 28 2021 by Todd Spivak and Rebecca Canterbury

There are many forms of spousal abuse: mental, emotional, physical, and sexual.

If you are the victim of spousal abuse, there are actions you can take to protect yourself.

You may file a criminal complaint with your local police department and seek to press charges if you are the victims of physical or sexual abuse. Domestic abuse charges commonly include: assault, harassment, stalking, reckless endangerment, and terroristic threats.

You may also consider filing for a Protection From Abuse (PFA) order to prohibit all contact and even have the abuser evicted from the marital residence. A PFA may be obtained on grounds of physical violence, sexual violence, harassment, or stalking.

If you are suffering mental or emotional abuse, you may request a hearing for exclusive possession of the marital residence, which would enable you to stay in your home during the divorce process and prohibit your abuser from the premises.

If you need immediate shelter from an abusive partner, there are many resources available to assist you.

Spivak Law Firm provides strong, compassionate, cost-effective representation in all family law and criminal defense matters with a special focus on child custody and domestic abuse. Call us today at (412) 344-4900 or toll free at (800) 545-9390.

Crime Victims’ Rights in Pennsylvania

Posted on October 28 2021 by Todd Spivak and Rebecca Canterbury

Under Pennsylvania law, crime victims have the right to:

Be notified of significant actions and proceedings pertaining to their case
Have a victim advocate providing support at proceedings
Submit a victim impact statement prior to the sentencing of a defendant
Receive restitution and the return of seized property

Enacted in 1998, the Pennsylvania Crime Victims Act includes a section titled the Crime Victims Bill of Rights.

Today, Pennsylvania lawmakers are considering whether to enshrine the rights of crime victims in the state’s constitution under Marsy’s Law.

Based in Pittsburgh, Spivak Law Firm handles all family law and criminal defense matters.

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

Pennsylvania Expungement Law Draws Criticism

Posted on September 27 2021 by Todd Spivak and Rebecca Canterbury

As Pennsylvania recently enacted a sweeping new expungement law, thousands of people across the state stood to benefit from new opportunities to clean their criminal records so they could move on with their lives.

Some employers and landlords oppose the new clean-slate law on grounds that they have a public-safety interest in knowing the criminal records of their employees and tenants.

The new law seeks to strike a balance by making people with criminal records wait as much as five or ten years before they are eligible for an expungement.

Based in Pittsburgh, Spivak Law Firm has helped people across Allegheny County to expunge their criminal and PFA records.

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

Temporary PFA v. Final PFA

Posted on August 31 2021 by Todd Spivak and Rebecca Canterbury

If you are served with a Temporary PFA, a hearing will be scheduled within 10 days.

At the hearing, a judge will hear testimony and review evidence to determine if a Final PFA is warranted.

Most requests for a Temporary PFA are granted. No judge wants to deny a person’s request for protection then find out later that the person seeking help was seriously harmed.

The chances of obtaining a Final PFA are significantly lower, especially if you have an experienced PFA defense attorney.

The Final PFA represents the first time in the process that the defendant can push back on the abuse allegations.

The defendant can testify, cross-examine the accuser, call witnesses to the stand, and provide documentary evidence for the court to review.

Spivak Law Firm provides strong representation at PFA hearings in Pittsburgh and all surrounding counties, including: Allegheny, Armstrong, Crawford, Beaver, Buter, Fayette, Greene, Indiana, Lawrence, Mercer, Somerset. Venango, Washington and Westmoreland.

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

Access to Criminal Records

Posted on August 31 2021 by Todd Spivak and Rebecca Canterbury

If you have a criminal record, it is visible to the public through a basic docket search using your first and last name. If your criminal record is wiped clean through the expungement process, it will not appear on public dockets.

But district attorneys and the Pennsylvania State Police Central Repository will still have access to your record. Other law enforcement agencies and courts may obtain access to your record by request. They retain access to your record for the following purposes:

To identify people in criminal investigations;
To determine the grading of future criminal offenses; and
To determine eligibility for diversionary programs.

Erasing your criminal record may open new opportunities for employment.

Spivak Law Firm expunges criminal records for a low, one-time fee. For more information, call us at (412) 344-4900 or toll free at (800) 545-9390.