Author Archives: Todd Spivak and Rebecca Canterbury

Final Preparations for Divorce

Posted on April 23 2021 by Todd Spivak and Rebecca Canterbury

When preparing for divorce, you should take stock of all your financial assets and debts.

For many families, the most significant assets include the marital residence and retirement accounts. Other assets may include bank accounts, investment accounts, vehicles, jewelry, and furnishings.

Debts commonly include credit cards, mortgage balances, home-equity lines of credit, and student loans.

At Spivak Law Firm, we routinely help people determine the value of their marital estates and negotiate divorce settlement agreements.

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

Tracking PFA Defendants

Posted on April 23 2021 by Todd Spivak and Rebecca Canterbury

Under Pennsylvania law, a Protection From Abuse (PFA) order carries serious consequences.

It may evict you from your home, restrict you from your children, and even lead to your arrest.

New legislation may further strengthen the law by requiring PFA defendants to wear an electronic monitoring device.

Dozens of other states allow GPS monitoring for domestic-violence suspects.

In Pennsylvania, such devices are commonly used for criminal defendants.

PFAs are administered by family courts, though violating a PFA order may lead to criminal charges including Indirect Criminal Contempt, which carries a maximum six-month jail sentence.

The legislation regarding electronic monitoring comes on the heels of the 2018 law requiring a person under an active PFA order to turn over their firearms to local law enforcement within 24 hours.

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.

High-Conflict Divorce

Posted on March 31 2021 by Todd Spivak and Rebecca Canterbury

Most divorce cases are settled by negotiation without need to go to court or stand before a judge.

But some high-conflict cases make settlement impossible.

Spouses may disagree on everything from how to divide the marital estate to the child custody schedule or how much child support or spousal support should be paid.

In such cases, the spouses may engage in multiple motions, hearings or trials before the divorce can be finalized.

There may also be need to undergo discovery – the formal court process for obtaining important information needed for trial. In divorce cases, discovery may be necessary to obtain key financial documents.

Spivak Law Firm has extensive experience in high-conflict divorce and child custody. To schedule a consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Domestic Violence and the “Boyfriend Loophole”

Posted on March 18 2021 by Todd Spivak and Rebecca Canterbury

Existing federal law forbids people convicted of domestic violence against a current or former spouse to buy or own a firearm.

But what if the abuse was perpetrated by an intimate partner who is not your spouse?

Lawmakers may close the so-called “boyfriend loophole” to expand protections for abuse victims.

Efforts to renew the Violence Against Women Act include a provision to prohibit firearm ownership by those convicted of abusing, assaulting or stalking a dating partner, or to those under a restraining order.

Spivak Law Firm provides strong, compassionate, cost-effective representation. We handle all areas of family law and criminal defense with a special focus on domestic violence, 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.

CYF and Parental Rights

Posted on March 16 2021 by Todd Spivak and Rebecca Canterbury

Children have the right to visit with both of their parents in a case involving Children Youth and Families (CYF).

If a parent is not currently involved, the agency will try to offer the parent services and visitation to begin to form a relationship between them and the child.

The exception to these efforts would be if there was a documented account of the parent hurting the child or other children.

In a case like that, the agency would investigate what happened and see if it is reasonable to provide services while still assuring your child’s safety.

Spivak Law Firm handles all family law matters, including: child custody, child support, divorce, Protection From Abuse (PFA) and CYF. To schedule an appointment, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Children Who Witness Domestic Abuse

Posted on March 4 2021 by Todd Spivak and Rebecca Canterbury

Children who witness domestic abuse may have the following range of symptoms:

Loss of appetite
Sleep disturbance
School problems – refuses to attend, truancy, poor performance
Anxiety, fear of abandonment
Increased violent behavior
Verbal abusiveness, lying
Regression – wanting bottle, baby talk, thumb sucking
Perfectionism
Shyness
Tantrums

Spivak Law Firm handles all areas of family law, including: child custody, child support, divorce, Protection From Abuse (PFA) and Children Youth and Families (CYF).

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

Child Custody: Parenting During COVID-19

Posted on March 4 2021 by Todd Spivak and Rebecca Canterbury

Parents of young children may take solace or even find helpful tips or simple wisdom in hearing from others working through the challenges of parenting during the pandemic.

In a recently published letter, Lydia Kiesling relates meltdowns shared with her 6-year-old daughter during the lockdown:

“For months, she and I have found ourselves locked in an awful duet of upset and recrimination. I yell; she yells; we both cry. As March turned into April turned into June – as “you’ll see your friends soon” became “at least there will be kindergarten in the fall” became hopefully it will be safe by first grade” – it grew clear that even the most cosseted children won’t get out of this situation unscathed.”

She praises a seminal book on parenting: How to Talk So Kids Will Listen and Listen So Kids Will Talk, Adele Faber and Elaine Mazlish.

The book reminded her that life is flying by:

“I spent so much of the early pandemic days in a holding pattern that I failed to realize that the pandemic had become reality – that our crisis mode urgently needed to be retooled for a longer journey, emotionally as much as logistically. Regardless of how we feel about this period, it is happening, and the days continue to pass.”

Spivak Law Firm handles all areas of family law, including: child custody, divorce, child support, spousal divorce, and Protection From Abuse (PFA). To schedule a consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Plea Deals in Criminal Cases

Posted on February 18 2021 by Todd Spivak and Rebecca Canterbury

People facing criminal charges accept a plea agreement more than ninety percent of the time.

In exchange for a guilty plea, some of the charges may be dropped or reduced. In some cases, the deal may include a recommendation for probation rather than incarceration.

Domestic violence cases usually involve charges of assault, harassment, terroristic threats, reckless endangerment, strangulation and stalking.

Typical plea deals involving such charges may include: reducing misdemeanor charges to a summary conviction if the defendant:

Undergoes a substance-abuse evaluation
Undergoes a mental-health evaluation
Completes anger management or batterers-intervention classes
Avoids abusive contact with the victim for a period of time
Avoids negative police contact for a period of time

Spivak Law Firm handles all areas of criminal defense with a special focus on domestic-violence defense. We successfully resolve many cases through plea deals at preliminary hearings and pretrial conferences.

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

Automatic Expungements In Pennsylvania

Posted on February 18 2021 by Todd Spivak and Rebecca Canterbury

Pennsylvania has led the way nationally by enacting the first major automatic expungement law.

“States should follow the approach of Pennsylvania,” according to a recent article in The New York Times, “and make expungement automatic once the legal requirements are met.”

Expungements of criminal convictions seals them from public view, removes them from databases, and neutralizes most of their legal effects.

People usually have to wait years after completing their sentences and go through an elaborate process to have their records cleared.

Interested in expunging your criminal records? Spivak Law Firm handles all areas of family law and criminal defense. For a free consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

PFA Orders May Affect Divorce

Posted on January 29 2021 by Todd Spivak and Rebecca Canterbury

Protection From Abuse (PFA) orders can significantly affect a divorce.

A PFA can evict a person from their own home for an extended period of time. If you are going through a divorce, a PFA can evict a spouse from the marital residence and provide the other spouse leverage for maintaining the residence as part of the divorce settlement.

A PFA can also restrict a parent from his or her children. This could have a detrimental effect on your custody rights as you proceed through divorce.

If your custody rights are restricted due to a PFA, you may also be required to pay child support as a result since the other parent is primarily raising the child.

Spivak Law Firm handles all family law matters, including: divorce, child custody, child support, PFA defense, PFA for victims, division of assets and debts, spousal support, and alimony.

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