Author Archives: Todd Spivak and Rebecca Canterbury

PFA and Guns

Posted on July 10 2017 by Todd Spivak and Rebecca Canterbury

A Protection from Abuse Order (PFA) temporarily restricts you from possessing guns, even if the incident that gave rise to the PFA did not involve a gun.

A PFA issued after a final hearing will restrict your use of a gun for up to three years. If you are an avid hunter or a law enforcement official who depends on the use of guns for your livelihood, firearm restrictions may wreak havoc on your life.

Spivak Law Firm has assisted many law enforcement officers whose livelihoods depend on their ability to carry weapons.

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

Terroristic Threats: Penalties

Posted on June 26 2017 by Todd Spivak and Rebecca Canterbury

Under Pennsylvania law, a person commits the crime of terroristic threats if the person makes a direct or indirect threat to:

commit any crime of violence with intent to terrorize another;
cause evacuation of a public place; or
cause serious public inconvenience, or public terror.

Terroristic threats is graded as a first-degree misdemeanor, which could result in up to five years in prison and a maximum $10,000 fine. If the threat causes occupants of a public place to be diverted from normal operations, it is graded as a third-degree felony, which carries up to 7 years in prison and a $15,000 fine.

Spivak Law Firm handles all criminal domestic violence charges, including: simple assault, harassment, stalking, recklessly endangering another person, and terroristic threats. To speak with an experienced criminal defense attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Harassment In Family Court

Posted on June 26 2017 by Todd Spivak and Rebecca Canterbury

Leaving an abusive relationship should put an end to the abuse, but that is frequently not the case when there are children involved. The abusive parent may utilize the child custody courts to harass the victim, even when the abused party has a Protection From Abuse (PFA) order.

The courts often favor shared custody schedules, which are unfortunately ideal for abusers, as this affords them the opportunity to continue controlling the abused spouse through the children.

Because the courts often favor shared custody, it is crucial to speak to an experienced child custody attorney who may develop a workable agreement that keeps parental conflict to a minimum.

Spivak Law Firm’s attorney has extensive experience with child custody cases involving domestic violence. To schedule a consultation call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Tips for Co-Parenting

Posted on June 20 2017 by Todd Spivak and Rebecca Canterbury

For divorced or separated couples, coordinating schedules for the children’s school schedule can be challenging.

But factoring in extracurricular activities, doctor’s appointments, and play dates can be especially tough.

To keep everyone on the same page, consider setting a family meeting once a month to discuss your children and their schedules.

You may find it easier for you and your ex-spouse to hash out schedules sitting down all at once rather than with scattered phone calls and emails.

At the end of the meeting, consider giving your children a copy of the schedule so they are aware of what to expect.

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

Stalking: Penalties in Pennsylvania

Posted on June 2 2017 by Todd Spivak and Rebecca Canterbury

Under Pennsylvania law, the crime of stalking occurs when a person places another in reasonable fear of bodily injury or substantial emotional distress by either:

Engaging in a course of conduct or repeatedly committing acts toward another person, including following the person without proper authority; or
Engaging in a course of conduct or repeatedly communicating to another person with intent to place them in fear or emotional distress.

A first offense is graded as a first-degree misdemeanor, but if it is a subsequent offense against the same person, you could face third-degree felony charges.

A conviction can result in jail time and costly fines, and also has the potential to affect your child custody rights, employment, and right to own a firearm.

Served with a PFA? Charged with assault? Terroristic threats? Harassment? Stalking? Call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Domestic Violence: Control and Fear

Posted on June 1 2017 by Todd Spivak and Rebecca Canterbury

Domestic violence often follows a pattern in which an abuser seeks to control every aspect of a victim’s life. Experts often refer to domestic violence as “intimate terrorism.”

“The perpetrator is engaging in a general pattern of control over the victim – her finances, her social contacts, the clothes she wears,” Deborah Epstein, who runs Georgetown University Law Center’s domestic violence clinic, recently told The New York Times.

Violence is the abuser’s means of enforcing that control – and of punishing any attempts to break it.

Spivak Law Firm handles all areas of family law and criminal defense with a focus on domestic violence and child custody. Call us at (412) 344-4900 or toll free at (800) 545-9390.

DUI: Voluntary Consent

Posted on May 30 2017 by Todd Spivak and Rebecca Canterbury

Law enforcement cannot conduct a blood draw during a DUI arrest without a warrant or voluntary consent, according to a recent opinion by the U.S. Supreme Court.

DUI offenders previously charged with the highest level of impairment for contesting a blood draw may now potentially be charged and sentenced at the lowest level of impairment.

This is a major development, particularly because of mandatory sentencing laws. For instance, in Pennsylvania if you were charged with a second DUI at the highest level of impairment, you faced 90 days incarceration at the minimum. But charged at the lowest level of impairment, you face a minimum of five days incarceration.

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

Child Custody and Divorce: Holiday Tips

Posted on May 29 2017 by Todd Spivak and Rebecca Canterbury

The holidays are stressful, particularly for divided families, but they can still be enjoyable if you plan ahead.

In order to avoid needless stress or confusion, let your children know in advance where they will be during the holidays, and assure them they will have a good time.

Although you may be feeling lonely or sad without them, try encouraging them to be happy and have fun.

Spivak Law Firm wishes you a safe, happy Memorial Day weekend.

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.

Don’t Spank Your Kids

Posted on May 17 2017 by Todd Spivak and Rebecca Canterbury

Under Pennsylvania law, parents are permitted to use corporal punishment if it is for the purpose of safeguarding or promoting the welfare of their child.

But the force used on the child cannot create a substantial risk of death, serious bodily injury, disfigurement, extreme pain, or mental distress.

A spanking that leaves a mark or bruise could result in a Protection from Abuse Order (PFA), a Child, Youth and Families (CYF) investigation, or even criminal charges for child abuse.

Parents engaged in child-custody disputes should consider avoiding all forms of corporal punishment to avoid allegations of abuse.

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

Shut Out of the Workforce?

Posted on May 15 2017 by Todd Spivak and Rebecca Canterbury

People are often shut out of the work force because of their criminal records. It’s tough enough to obtain employment in today’s job market, don’t let a bad decision you made years ago keep you from living your life.

If your criminal record has adversely affected your ability to obtain employment, you may have the option of removing citations, arrests, and convictions from your record by petitioning the court for an expungement. You may be eligible for an expungement if:

The criminal charges against you were withdrawn or dismissed;
You have been free of arrest or conviction for five years following a summary offense conviction; or
You completed an accelerated rehabilitative disposition (ARD) program on a first-time criminal charge.

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