Author Archives: Todd Spivak and Rebecca Canterbury

Don’t Let A Criminal Record Hold You Back

Posted on September 24 2020 by Todd Spivak and Rebecca Canterbury

If a criminal record is holding you back, you now have several options for relief under Pennsylvania law.

First, if the charges were withdrawn or dismissed, or if you were convicted on a low-level offense and five years have passed, you can have your record expunged, which effectively erases the information from the public dockets.

Second, Pennsylvania recently adopted a new law allowing for limited access orders, which restricts employment agencies and internet websites from accessing any information relating to a conviction or arrest for people convicted of second- and third-degree misdemeanors.

Third, if you are currently serving a sentence for a crime, you can seek total forgiveness through by formally requesting a pardon from the governor. Obtaining a pardon tends to be more expensive and challenging the administrative processes for obtaining an expungement or limited access order.

To learn more about options for dealing with your criminal record, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Protecting Abuse Victims

Posted on September 24 2020 by Todd Spivak and Rebecca Canterbury

Victims of domestic violence may obtain Protection from Abuse (PFA) Orders to curb the abuse and prohibit contact with the perpetrator.

But even obtaining a PFA may not provide adequate protection.

The Pennsylvania Legislature recently approved a resolution to examine PFA law and practice for potential insufficiencies.

The commission will work closely with professionals experienced with PFAs to identify and remedy flaws to more adequately protect victims of domestic abuse.

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

Child Custody and Contempt Hearings

Posted on August 28 2020 by Todd Spivak and Rebecca Canterbury

Under Pennsylvania law, parents must follow their child custody orders or risk being held in civil contempt.

The most common way a parent will violate a custody order is by withholding the children from the other parent. In such cases, the court may award make-up time and sanctions in the form of attorney’s fees.

If you want to seek a contempt action against the other parent, you must first file a motion with the Court requesting a contempt hearing. In your motion, you explain your basis for contempt.

If the Court grants your motion, a contempt hearing will be scheduled, providing an opportunity to prove through testimony and documentary evidence that the custody order was violated.

Spivak Law Firm handles all child custody matters, including: custody filings, custody orders, custody trials, and contempt hearings. Call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Dealing With The Stress Of A PFA

Posted on August 28 2020 by Todd Spivak and Rebecca Canterbury

If you’ve been served with a Protection From Abuse (PFA) order, you are likely under serious stress.

The PFA was hand-delivered to you by a police officer at your home or place of employment. You may be temporarily evicted from your house and restricted from having any contact with your children.

At Spivak Law Firm, we aim to be accessible to people who are accused of domestic abuse. People are often surprised when we pick up our phones late at night or on weekends to speak with them.

We aim to get the PFA dismissed and protect your rights and reputation.

Spivak Law Firm routinely handles PFA hearings in Pittsburgh and all surrounding counties, including: Allegheny, Armstrong, Beaver, Butler, Crawford, Fayette, Indiana, Lawrence, Mercer, Washington and Westmoreland.

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

What To Bring To A Child Support Hearing?

Posted on August 28 2020 by Todd Spivak and Rebecca Canterbury

Whether you are the parent seeking to receive child support, or if you are the parent being asked to pay child support, the court requires you to bring important documentation to your child support hearing.

You are required to bring your last six months of pay stubs and most recent W-2s and tax returns.

You should also bring your child’s medical-insurance cards and any recent invoices related to his or her medical care.

If your child is enrolled in daycare or childcare, you should bring invoices that reflect the costs of said care.

If your child is enrolled in extra-curricular activities, you should bring invoices that reflect the costs of said activities.

Having an experienced at your child-support hearing can make a real difference in your case. At Spivak Law Firm, we handle all family law matters, 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.

Victim Impact Statements in Criminal Trials

Posted on August 24 2020 by Todd Spivak and Rebecca Canterbury

Under Pennsylvania law, a crime victim may provide an impact statement to the Court at the time of sentencing.

Impact statements offer victims an opportunity to persuade the judge regarding appropriate sentencing, as well as the ability to confront their perpetrator and describe how their actions adversely affected their lives.

Victim impact statements may be provided after a trial. They may also be given after a defendant has accepted a plea agreement even when the terms of sentencing have been agreed upon by the prosecutor.

It is unclear whether these statements have much influence over judges.

It should be noted that a criminal-court judge may not rubber-stamp the agreed-upon sentencing terms offered in a plea deal.

Spivak Law Firm handles all criminal-defense matters with a special focus on domestic-violence defense. Typical charges include: assault, harassment, terroristic threats, stalking, reckless endangerment, and PFA violations.

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

Accused of Child Abuse?

Posted on August 24 2020 by Todd Spivak and Rebecca Canterbury

In the wake of the Jerry Sandusky child sex abuse scandal, Pennsylvania expanded the mandatory child abuse reporting laws. As a result, the number of child abuse reports has soared.

Spivak Law Firm understands that reports of child abuse can be motivated by true safety concerns, though they are sometimes made to retaliate or harass.

Spivak Law Firm has extensive experience representing people accused of child abuse at Protection from Abuse (PFA) hearings, Children Youth and Families (CYF) hearings, and criminal domestic-violence hearings.

Based in Pittsburgh, we provide strong, compassionate, cost-effective representation.

If you face child abuse accusations, call Spivak Law Firm at (412) 344-4900 or tolls free at (800) 545-9390.

Why You Need A Last Will and Testament

Posted on July 24 2020 by Todd Spivak and Rebecca Canterbury

If you die without a Last Will and Testament, the government will settle your estate.

If there are no clearly defined heirs, the Commonwealth of Pennsylvania will take all the assets you leave behind.

An estimated 60 percent of people die without a Last Will and Testament or any type of estate plan.

By getting your wishes down on paper now, you take care of everyone who is important to you and keep control over how your assets are distributed.

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

Harsh Sentences For PFA Violations

Posted on July 24 2020 by Todd Spivak and Rebecca Canterbury

People accused of violating Protection From Abuse (PFA) orders face stiff penalties.

A PFA prohibits all contact between a defendant and the person alleging abuse. A Final PFA hearing is usually scheduled within 10 days after the Temporary PFA is issued.

If you are accused of violating a Temporary PFA Order, the case will likely be heard before a family-court judge.

But if you are accused of violating a Final PFA Order, the case will likely be heard before a criminal-court judge.

The official charge for violating a PFA is known as Indirect Criminal Contempt (ICC).

An ICC conviction carries a possible penalty of six months in jail and a $1,000 fine.

Spivak Law Firm routinely handles PFA and ICC hearings. To schedule a free consultation, call us at (412) 344-4900 or toll free at (800) 545-9390.

Modifying A Child Support Order

Posted on July 24 2020 by Todd Spivak and Rebecca Canterbury

Parents can petition the court for a review and modification of their child support order at any time if they feel there is a change in circumstance that may affect the amount of the child support order.

Additionally, every three years the Domestic Relations Section will send each parent a notice asking if they want their support case reviewed.

The review is to make any appropriate increase, decrease, modification or termination of the support order.

Spivak Law Firm provides strong, compassionate, cost-effective representation in all family law matters, including: divorce, child custody, child support, and Protection From Abuse (PFA).

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