Author Archives: Todd Spivak and Rebecca Canterbury

Why Judges Grant Temporary PFA Orders

Posted on July 3 2019 by Todd Spivak and Rebecca Canterbury

In Pittsburgh and surrounding counties, judges grant the vast majority of requests for Temporary Protection From Abuse (PFA) orders.

Judges issue Temporary PFA orders without ever hearing from the alleged perpetrator of abuse. There’s usually no evidence of abuse except for the alleged victim’s sworn testimony.

Judges issue the orders with full knowledge that they may completely turn the alleged perpetrator’s life upside-down by evicting them from their homes, restricting them from their children, and placing them at great risk for arrest if they’re even accused of violating the order by having non-threatening contact.

So why do judges grant more than 90 percent of Temporary PFA petitions?

It’s likely because judges opt to err on the side of caution. Domestic abuse is real, and no judge wants to deny a request for help that leads to physical violence. Unfortunately, innocent people often go through hell while awaiting their PFA hearings.

Spivak Law Firm provides strong, compassionate, cost-effective representation at PFA hearings in Pittsburgh and all surrounding counties. Call us at (412) 344-4900 or toll free at (800) 545-9390.

3 Tips for Co-Parenting

Posted on July 3 2019 by Todd Spivak and Rebecca Canterbury

As an intact family, you and your partner work together to raise your children.

But when parents separate, the family dynamic may change dramatically as parents now lead separate lives while still having to work together.

Here are three tips for keeping conflict to a minimum:

Try to forgive your ex-spouse
Address areas of potential conflict as they arise
Follow your custody order

Keeping your emotions in check will allow you to keep a level head. Remaining upset may cause you to make rash decisions. The last thing you want to do is annoy your judge by repeatedly filing motions in court over frivolous matters.

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.

In Family Court, Be Respectful

Posted on June 28 2019 by Todd Spivak and Rebecca Canterbury

You may think that the conversation you are carrying on in the halls of Family Court will not get back to your judge. But there are eyes and ears everywhere in the courthouse, and news travels fast.

A flippant comment made out of frustration may be relayed back to the judge, which could hurt your case. Even worse, if your behavior rises to the level that security is called to calm you down or escort you from the courthouse, it could taint the way the judge views you and your case.

You never know who is listening in on your conversation, so be respectful at all times.

Spivak Law Firm handles all family law and criminal defense matters. For a free consultation call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

PFA Hearings: What Is Evidence?

Posted on June 28 2019 by Todd Spivak and Rebecca Canterbury

At Final PFA hearings, both the accuser and the alleged perpetrator of abuse have the right to introduce evidence to prove their cases.

Evidence at Final PFA hearings commonly includes:

-Photographs of injuries and damaged property

-Medical records of injuries

-Mental health records reflecting treatment

-Texts and emails of threatening or harassing behavior

-Social-media postings on Facebook and Instagram of threatening or harassing behavior

-Eyewitness accounts

-Character witnesses seeking to bolster credibility

Spivak Law Firm provides strong, aggressive representation at PFA hearings in Pittsburgh and all surrounding counties, including: Allegheny, Beaver, Butler, Fayette, Indiana, Mercer, Washington, and Westmoreland.

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

Domestic Violence and Brain Injuries

Posted on June 28 2019 by Todd Spivak and Rebecca Canterbury

When it comes to long-term brain trauma, sports-induced injuries monopolize the conversation, while injuries suffered by victims of domestic abuse fall to the wayside. But Dr. Robert Cantu, an expert on football-related injuries, has revealed that many survivors of domestic violence could suffer from the same traumatic brain injuries as professional sports players.

“Experts believe many cases go undetected and untreated in abused women, making them vulnerable to problems with thinking, mood and behavior,” according to The Associated Press.

The article notes that “repeated blows [to the head] have been linked with a degenerative brain disease called chronic traumatic encephalopathy … linked with memory loss, confusion, mood changes, and eventually dementia.” Dr. Robert Cantu added: “There are many women who have been abused enough that some of them probably have CTE.”

Spivak Law Firm handles all family law and criminal defense matters with a focus on domestic violence. For a free consultation call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Enforcing Divorce Agreements

Posted on June 12 2019 by Todd Spivak and Rebecca Canterbury

You may avoid mediation, court hearings, and costly attorney fees by simply negotiating a Marriage Settlement Agreement with your ex.

At the time you finalize the divorce, you may ask the court to merge the Agreement into the final divorce decree. The Agreement becomes a contract between you and your ex. If your ex violates its terms, you may remedy the violation by seeking damages.

Keep in mind that it is easier to address violations of the Agreement if it has been incorporated into the final decree. When incorporated, it becomes an official court order that may be enforced through contempt powers of the court.

Spivak Law Firm routinely handles divorce, equitable distribution, and drafting Marriage Settlement Agreements. Call us at (412) 344-4900 or toll free at (800) 545-9390.

Expungements: What Gets Erased?

Posted on June 12 2019 by Todd Spivak and Rebecca Canterbury

A criminal record expungement erases all proof of arrest, charges, convictions, and hearings from the public record. But will an expungement necessarily lead to the destruction of all information related to your criminal history? Unfortunately, no.

Under Pennsylvania law, the following types of information continue to be maintained by criminal justice agencies even after an expungement order is granted:

-Intelligence information

-Investigative information

-Missing persons information

-Wanted persons information

-Stolen property information

-Medical treatment information

-Psychiatric treatment information

To learn more about the criminal expungement process, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

PFA Hearings: No Right To Jury Trial

Posted on May 24 2019 by Todd Spivak and Rebecca Canterbury

If you’ve been served with a Protection From Abuse (PFA) order, we urge you to take it seriously. A PFA can take away your home, your job, your children, and even your liberty. A PFA can destroy your reputation and stigmatize you as an abusive person for the rest of your life.

A PFA is a civil matter determined by judges in family court. There is no right to a jury trial at a PFA hearing because it’s not a criminal matter, though a PFA can quickly and easily result in criminal charges if you’re merely accused of violating the order.

Under Pennsylvania law, there is no right to a jury trial except in criminal cases whereby conviction could lead to a jail sentence exceeding six months. The maximum penalty for violating a PFA is six months and a $1,000 fine.

Spivak Law Firm provides strong representation at PFA hearings. Based in Pittsburgh, we represent clients in Allegheny County, Beaver County, Butler County, Fayette County, Indiana County, Mercer County, Washington County, and Westmoreland County.

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

Child Custody Tips For Memorial Day Weekend

Posted on May 24 2019 by Todd Spivak and Rebecca Canterbury

While holidays offer parents an opportunity for quality time with their children, they also often involve issues such as fitting a vacation around the other parent’s schedule and giving up some time for the other’s sake.

Here are some valuable tips to help you have a great holiday:

Stick to the plan: If you agreed to a parenting or custody plan, you should try to stick to it as much as possible.
Plan ahead: Avoid misunderstandings and disagreements about who has the kids by discussing it with your ex in advance.
Maintain contact: Regardless of whether your child is with you or the other parent, it is vital for the child to stay connected with the parent who is not present.

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

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

Expungement Process

Posted on May 24 2019 by Todd Spivak and Rebecca Canterbury

Maintaining a clean criminal record is crucial to obtaining housing, employment, or educational opportunities.

If you have a criminal record, you may be eligible to clear it if criminal charges against you were withdrawn or dismissed or five years have passed following conviction of a summary offense. This process is known as an expungement.

If you have charges or convictions eligible for expungement, the first step is requesting a criminal background check with the Pennsylvania State Police. Next, you file an expungement petition with the county where the incident took place. You must file separate petitions for each arrest incident.

If there is no objection by the district attorney, the petition is granted without a formal court hearing. The court then sends approval to your attorney. The court also notifies state police and other criminal justice agencies that will then clear your public criminal record.

Spivak Law Firm routinely handles expungement matters for a low, one-time fee, and keeps you updated at each stage of the case.

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