Blog - Spivak Law Firm

No Guns for Domestic Abusers

Posted on December 19 2017 by Todd Spivak and Rebecca Canterbury

If you have been charged with a domestic violence related crime, your gun ownership rights may be at stake.

Under federal law, if you have been convicted of a misdemeanor involving domestic abuse, you are banned from purchasing or owning firearms or ammunition. The law aims to protect victims of domestic abuse by keeping guns out of the hands of convicted abusers.

Recently, the U.S. Supreme Court expanded the applicability of this law in Voisine v. United States. The Court ruled that the law applies not only to individuals who intentionally committed domestic abuse, but also to individuals who did so recklessly.

If you have been charged with assault, harassment, terroristic threats, or any other domestic violence related crime, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Follow Your Custody Order

Posted on December 19 2017 by Todd Spivak and Rebecca Canterbury

If you have a custody order, follow it. Pennsylvania courts determine custody by looking to the best interests of the children, which is based upon 16 factors. One of the factors asks which parent is more likely to permit and continue frequent contact between the children and the other parent.

If you do not abide by the terms of the existing order, you may be adversely affecting your case. You may also subject yourself to contempt proceedings, which can involve fines and even jail time. Unless you have safety concerns for your children, you should abide by the terms of your custody order.

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

5 Child Custody Don’ts

Posted on December 12 2017 by Todd Spivak and Rebecca Canterbury

If your child exhibits temper tantrums, you may believe that they are not capable of feeling complex emotions. But children are more perceptive than you may realize. They are able to pick up on your emotions and the things that you say, so it is imperative to filter what is said to them and in front of them.

To avoid upsetting your children, here are five things you should not do during a divorce or custody dispute:

Do not directly or indirectly encourage your children to choose between you and your ex-spouse;
Do not speak ill of your ex-spouse in front of the children;
Do not prevent your children from spending time with your ex-spouse;
Do not ask your children to pass messages to your ex-spouse;
Do not disclose details of your legal matters to the children.

Keep Your Cool in Criminal Court

Posted on December 12 2017 by Todd Spivak and Rebecca Canterbury

Tensions run high in criminal court. You are likely worried about how the pending charges will affect your job, reputation, and most importantly, your freedom. But you must stay calm in court.

Trust that your attorney is working to obtain the best deal possible to resolve your case. Having a bad attitude or making snide remarks to the court staff or judge could result in your deal being withdrawn or unaccepted.

Don’t risk the chance to resolve your case. Be on your best behavior in court.

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

Theft Crimes in Pennsylvania

Posted on December 4 2017 by Todd Spivak and Rebecca Canterbury

Penalties for theft crimes in Pennsylvania can be severe. The penalty is based on the value of the stolen property. A first offense for stolen property valued at less than $150 is punishable by up to 90 days in jail, though many first-time offenders serve probation only. Theft of property valued between $150 and $2,000 is punishable by up to five years in prison.

With an experienced attorney, you may be able to participate in an accelerated rehabilitative disposition (ARD) program that allows you to avoid incarceration so long as you pay a fine and complete your probation, which often includes a provision restricting you from entering the business where the theft occurred.

For a free consultation with an experienced criminal defense attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Don’t Let A PFA Ruin Your Life

Posted on December 4 2017 by Todd Spivak and Rebecca Canterbury

A PFA is a court order that aims to protect victims of domestic violence. A PFA can:

Restrict you from contacting the accuser;
Evict you from your home;
Award the accuser temporary custody of your children;
Require you to pay child support; and
Send you to jail if you are even accused of violating it.

Don’t make the mistake of blindly accepting a PFA. The consequences of a PFA are harsh and long-lasting, as a PFA can remain in effect for up to three years.

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.

Common Divorce Myths

Posted on November 13 2017 by Todd Spivak and Rebecca Canterbury

When it comes to divorce, many common beliefs are accepted as truths. However, the process of divorce is incredibly complex and every case is unique.

Here are some of the most common divorce myths and why they aren’t always true:

Mom always gets custody: In Pennsylvania, the law does not favor either parent for custody. The judge is required to look at what is in the child’s best interest.
Only women get alimony: Historically, women have been awarded spousal support or alimony more often than men. As more women enter the workplace and change gender roles, it is becoming more common for men to receive some form of alimony. Alimony is generally awarded to the lower earning spouse when there is a significant disparity in incomes.
I don’t need a divorce lawyer: Even if you are on good enough terms with your spouse going into the divorce, you need to make sure you have someone in your corner who is going to ensure your rights are protected.

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.

Pennsylvania Juvenile Law

Posted on November 13 2017 by Todd Spivak and Rebecca Canterbury

Q: My child has been charged with a crime. Can you help?

A: Yes. Unlike the adult criminal system, the juvenile justice system emphasizes rehabilitation over punishment with the ultimate goal of helping children become functioning members of society.

First-time offenders are usually eligible for probation, which may include performing community service and paying restitution.

Spivak Law Firm provides strong defense for juveniles accused of misdemeanor and felony crimes. If you or your child is charged with a crime, call us at (412) 344-4900 or toll free at (800) 545-9390.

Child Custody: Nesting

Posted on November 8 2017 by Todd Spivak and Rebecca Canterbury

Divorce is a difficult process and the children of divorced parents often find themselves caught up in a situation over which they have little control.

They also have to contend with the idea that their everyday lives will change, whether that is not seeing one of their parents on a daily basis or moving to a different house or location.

Nesting is a new idea in the arena of child-custody arrangements. The children stay in the home while the parents are the ones who leave and return. This allows the children to stay in the home and provides the children with a feeling of permanence. This sense of routine can be helpful to the children at a time of change and turbulence.

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

NFL and Domestic Abuse

Posted on November 8 2017 by Todd Spivak and Rebecca Canterbury

An advocacy group is urging the Cincinnati Bengals to speak out against domestic violence after the team drafted a player who punched a woman in the face.

The Bengals are not the only team receiving backlash. In the 2017 NFL Draft, at least a half-dozen players who have been accused of physical or sexual assaults were welcomed to the NFL.

By ignoring these issues, the NFL encourages the cycle of violence and undermines the importance of protecting domestic-abuse victims, according to the group.

Spivak Law Firm helps victims of domestic violence get the legal protections they need at Protection From Abuse (PFA) hearings and by working with prosecutors on criminal domestic-violence cases. To schedule a consultation, call Spivak Law Firm at (412) 344-4900 ortoll free at (800) 545-9390.