Author Archives: Todd Spivak and Rebecca Canterbury

Domestic-Violence Deaths In Allegheny County

Posted on March 7 2015 by Todd Spivak and Rebecca Canterbury

The Pennsylvania Coalition Against Domestic Violence this month plans to release its annual report on domestic-violence fatalities throughout the state, which includes summaries of each incident and a county-by-county statistical breakdown.

In 2013, there were 158 domestic-violence fatalities in Pennsylvania, including 28 in Allegheny County, which for two straight years has tallied more than any other Pennsylvania county.

Spivak Law Firm provides strong, aggressive representation for plaintiffs and defendants in Protection From Abuse (PFA) hearings in Pittsburgh and all nearby counties, including: Allegheny County, Beaver County, Butler County, Fayette County, Indiana County, Washington County, and Westmoreland County.

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

Pittsburgh Man Faces Death Penalty

Posted on March 6 2015 by Todd Spivak and Rebecca Canterbury

The Allegheny County district attorney’s office last month said it will seek the death penalty against Pittsburgh man James Karr, who is accused of knocking his wife unconscious and setting her on fire. The announcement came just ten days after Pennsylvania’s governor placed a moratorium on the death penalty.

Maureen Karr, an administrator at UPMC Mercy, got a Protection From Abuse (PFA) Order against her husband in December on grounds that he threatened to burn their house down. James Karr ignored the court order, killing his wife just hours after appearing at PFA Court in downtown Pittsburgh, according to police.

Prosecutors say the grisly incident met several criteria for the death penalty, which will be sought if James Karr is convicted of first-degree murder.

There are 186 death-row inmates in Pennsylvania, including nine from the Pittsburgh area. The state’s last execution occurred in 1999.

Spivak Law Firm provides strong, aggressive defense in all PFA and criminal hearings. Call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Governor Stops Death Penalty In Pennsylvania

Posted on March 5 2015 by Todd Spivak and Rebecca Canterbury

Gov. Tom Wolf last month announced a moratorium on the death penalty in Pennsylvania.

Although the state has not executed a prisoner since 1999, there are currently 186 death-row inmates in Pennsylvania, including nine from the Pittsburgh area. Terrance Williams, who was convicted of murder and scheduled for execution by lethal injection this week, has been issued a reprieve.

Associations of Pennsylvania district attorneys and state troopers criticized the move, which Gov. Wolf says was necessary to review the “fundamental fairness” of capital punishment administered by the state. Specifically, the governor cited death-row inmates later exonerated and disproportionate sentencing of African Americans as evidence that the system is flawed.

Pennsylvania may eventually join 18 other states that have ended the death penalty.

Spivak Law Firm provides strong, aggressive defense in all criminal matters. Charged with a crime? Call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Stalking and PFAs in Pennsylvania

Posted on February 28 2015 by Todd Spivak and Rebecca Canterbury

A Protection From Abuse (PFA) Order is an important tool for any stalking victim because it allows the police to arrest the stalker, even if the police did not see the stalking behavior. You will need to prove the following two things in order to get a PFA:

You are either related to the stalker, married or previously married to the stalker, you have a child with the stalker, or you have an intimate relationship with the stalker (either sexual or dating); and
You were followed or contacted by the stalker for no lawful reason and you fear that the stalker will cause you serious bodily injury.

Once you get a PFA, you can ask the court to order that the stalker have no contact with you at home, work or school, as well as many other protections.

Spivak Law Firm provides strong, aggressive representation for plaintiffs and defendants at PFA hearings in Allegheny County, Beaver County, Butler County, Fayette County, Indiana County, Washington County, and Westmoreland County.

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

PFA Violations And Child Custody

Posted on February 22 2015 by Todd Spivak and Rebecca Canterbury

Violating a Protection From Abuse (PFA) Order by contacting the victim can land you in jail for up to six months. But what about violating the custody provision contained in a PFA? You can be arrested for that, too.

For instance, let’s say your PFA Order grants you supervised custody only. If you are seen alone with the child, you may be arrested and charged with Indirect Criminal Contempt (ICC).

Or, for example, if you withhold the child by not showing up at a custody exchange per the PFA Order, you may face criminal charges.

Spivak Law Firm provides strong, aggressive representation for plaintiffs and defendants in all PFA and child custody cases. Call us at (412) 344-4900 or toll free at (800) 545-9390.

Where Do I Go To Get A PFA?

Posted on February 15 2015 by Todd Spivak and Rebecca Canterbury

A person seeking the protection of a PFA restraining order can file in one of the following places:

–The county where the plaintiff resides;

–The county where the plaintiff works;

–The county where the defendant may be served; or

–The county where the abuse occurred

If you are going to ask the Judge to remove the abuser from the home you share, you must file the petition in the county where the home is located.

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

Will Police Enforce A Child Custody Order?

Posted on February 6 2015 by Todd Spivak and Rebecca Canterbury

If your ex violates a child custody order, the police generally will not get involved. Instead, you can file a motion for contempt requesting a hearing, have a mini-trial on whether the other parent really was in contempt, and then, if you win, receive make-up time with your child and maybe some money for your attorney’s fees.

In other words, the relief is limited and may take a long time to achieve.

But that changes if the child custody arrangement is part of a Protection From Abuse (PFA) Order. In such cases, the defendant may be arrested for simply not showing up at a scheduled custody exchange.

Spivak Law Firm provides strong, aggressive representation for plaintiffs and defendants in all PFA and child custody matters.

If you are a PFA defendant, we help assert your child custody rights while also working to ensure that you’re not arrested for violating the restraining order.

If you are a PFA plaintiff, we can help to maximize your child custody time while also working to ensure that you and your child receive the protection you require.

Call Spivak Law Firm today for a free consultation at (412) 344-4900 or toll free at (800) 545-9390.

What Is Stalking?

Posted on February 1 2015 by Todd Spivak and Rebecca Canterbury

Stalking involves following someone in a way that causes the victim to feel fearful or emotionally distressed. Stalking frequently occurs when someone tries to leave an abusive relationship.

Here are some examples of stalking behavior:

Following someone on foot or by car
Watching someone at work or at home
Sending unwanted letters or emails
Making unwanted telephone calls
Leaving unwanted cards, flowers, or gifts

If you are the victim of stalking, you may be entitled to the protections of a Protection From Abuse (PFA) Order. Spivak Law Firm provides strong, aggressive representation for plaintiffs and defendants at PFA hearings and all criminal hearings in Pittsburgh and nearby counties, including: Allegheny County, Beaver County, Butler County, Washington County, and Westmoreland County.

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

Ask For A PFA And You’ll Likely Get One

Posted on January 31 2015 by Todd Spivak and Rebecca Canterbury

If you ask for a Protection From Abuse (PFA) Order, chances are you will get one. In Pittsburgh and all surrounding counties, judges grant more than 90 percent of all Emergency and Temporary PFA Orders.

Why?

Because no judge wants to flip on the news the next day to find out that the person who was denied a restraining order was killed.

If you are the victim of abuse seeking strong, compassionate representation by an experienced PFA attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Don’t Let A PFA Stop You From Being A Parent

Posted on January 17 2015 by Todd Spivak and Rebecca Canterbury

Under Pennsylvania law, you can file for custody even if there is a Protection From Abuse (PFA) restraining order against you. If the PFA does not allege abuse against a child, you may even be entitled to primary or shared custody.

If the PFA does include allegations of abuse against a child, you still may get time with your child depending on the circumstances. In such cases, there may be a period of time where your custody visits are supervised. But supervised custody tends to be temporary, so hang in there and you’ll eventually see your custody time increase.

Spivak Law Firm provides strong, compassionate, cost-effective representation in all PFA and child custody matters. We represent clients in Pittsburgh and all nearby counties including: Allegheny County, Beaver County, Butler County, Washington County, and Westmoreland County. Call us at (412) 344-4900 or toll free at (800) 545-9390.