Author Archives: Todd Spivak and Rebecca Canterbury

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.

Helping People Expunge Criminal Records

Posted on July 24 2020 by Todd Spivak and Rebecca Canterbury

People with criminal records face major barriers to employment, housing and education.

Perhaps surprisingly, more than 90 percent of people eligible for criminal-record expungements don’t even apply, according to researchers.

Most people don’t know they can get an expungement, or don’t know how to do it, and don’t have lawyers to advise them.

The process can be long and complicated, requiring visits to courthouses. The fees and costs are a barrier for people in poverty.

At Spivak Law Firm, we help people expunge their criminal records so they can move on with their lives.

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

Resources For Domestic Violence Victims

Posted on July 24 2020 by Todd Spivak and Rebecca Canterbury

Are you or a loved one a victim of domestic violence? If so, here are some online resources for seeking assistance.

National Coalition Against Domestic Violence

1 Broadway, Suite B210

Denver, CO 80203

(303) 839-1852

ncadv.org/learn-more/resources

Women’s Center and Shelter of Greater Pittsburgh

P.O. Box 9024

Pittsburgh, PA 15224

Administration: (412) 687-8017

24 Hour Hotline: (412) 687-8005

www.wcspittsburgh.org

National Resource Center on Domestic Violence

6041 Linglestown Rd

Harrisburg, PA 17112

National Domestic Violence Hotline: 1-800-799-7233

www.nrcdv.org

Spivak Law Firm provides aggressive representation for plaintiffs and defendants in domestic violence cases, including Protection From Abuse (PFA), Children Youth and Families (CYF), and criminal domestic violence.

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

PFA and Child Custody Tips

Posted on June 25 2020 by Todd Spivak and Rebecca Canterbury

If you’ve been served with a Protection From Abuse (PFA) order, you may be restricted from seeing your children. In some cases, the PFA will allow no contact. In other cases, the PFA will allow limited contact.

If your PFA allows for limited contact with your children, please be very careful to avoid any conflict or mention of the PFA at custody exchanges. If you engage in argument or attempt to discuss the PFA at the custody exchange, you are placing yourself at serious risk of arrest for violating the PFA. Even if you are permitted custody of the children while the PFA remains active, it may be safer to decline in order to avoid false accusations that you violated the order.

Spivak Law Firm handles all areas of family law, including: divorce, child custody, child support, and PFA hearings. For more information, call us at (412) 344-4900 or toll free at (800) 545-9390.

Divorce: Refinancing the Marital Residence

Posted on June 25 2020 by Todd Spivak and Rebecca Canterbury

The marital residence often represents the greatest asset in a divorce. Some people sell the home and divide any proceeds remaining from the sale. In other cases, a decision will be made for one of the spouses to remain at the property after the divorce is finalized.

If both spouses are listed on the mortgage, it will be necessary to refinance the loan. Under a refinance, the spouse who stays at the marital residence will become solely liable for the mortgage and all fees related to the property. The lending institution will approve the refinance in most cases involving a good credit history.

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

Co-Parenting On Father’s Day

Posted on June 15 2020 by Todd Spivak and Rebecca Canterbury

This Father’s Day weekend, families are taking extra care to show Dad how much he is loved and appreciated.

But when parents reside in separate homes, coordinating plans for Father’s Day can lead to conflict.

Here are some tips for a smooth holiday weekend:

Work together to set a plan for the day.
Encourage the kids to enjoy time with their father.
Make the holiday about your children and plan an activity that is fun for the whole family.

Spivak Law Firm offers strong, compassionate representation in child custody matters. To schedule an appointment with an experienced family law attorney, call us at (412) 344-4900 or toll free at (800) 545-9390.

Divorce and Legal Separation

Posted on June 15 2020 by Todd Spivak and Rebecca Canterbury

Unlike many other states, Pennsylvania does not recognize legal separation.

But your date of separation may be highly relevant to your divorce.

Spouses who remain married for an extended period of time after separating may have legitimate disagreements about the contents of their marital estate.

If only one spouse wants a divorce and the parties have been separated for at least one year, a divorce may be granted so long as there is no dispute about the date of separation.

The one-year period begins at the date of separation, which may pre-date the filing of the divorce action.

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

Enforcing Child Support Orders

Posted on June 15 2020 by Todd Spivak and Rebecca Canterbury

The Pennsylvania Child Support Enforcement System (PACSES) is the statewide computer system used by the domestic relations section in each county.

PACSES maintains information related to child support payments, work history for each parents, and the history of the case.

Family court administrators use PACSES to monitor support payments and enforce support orders.

Spivak Law Firm handles 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.

Bogus PFAs Turn Lives Upside Down

Posted on May 19 2020 by Todd Spivak and Rebecca Canterbury

In many Pennsylvania counties, judges grant more than 90 percent of requests for a Temporary Protection From Abuse (PFA) order.

Judges tend to err on the side of caution, figuring that a person seeking protection must need it. After all, it would be tragic if the person seeking protection wound up injured or worse after a judge denied the PFA.

But judges should also consider how their decision to grant the PFA will affect the accused. Every day, PFA orders evict people from their homes, restrict parents from their children, and threaten people’s jobs and reputations.

At Spivak Law Firm, we are dismayed by some of the PFAs granted by judges based on weak allegations.

For instance, in one recent case, the person seeking protection admitted in her petition that she had not seen or communicated with the accused for a year.

In another recent case, the person awarded protection told the judge that the defendant only communicated with her subliminally.

We were successful in getting both cases dismissed. But the PFAs never should have been granted because the plaintiffs were not in reasonable fear of imminent bodily injury.

They caused unnecessary emotional and financial stress in people who did nothing to warrant a PFA.

At Spivak Law Firm, we provide strong representation at PFA hearings. If you’ve been falsely accused of abuse, call (412) 344-4900 or toll free at (800) 545-9390.