Blog - Spivak Law Firm

Child Custody: Corporal Punishment

Posted on August 28 2017 by Todd Spivak and Rebecca Canterbury

In child custody litigation, parents are under a microscope. But the court isn’t the only one watching you closely. Your ex is paying close attention too. Your ex may be willing to tell the court anything that brings your integrity as a parent into question, especially the use of corporal punishment.

Although Pennsylvania permits the use of corporal punishment, the standard for deciding custody cases is “the best interests of the child,” which includes the child’s physical and emotional health. Accusations of excessive or extreme corporal punishment are given weight.

In cases where the scales weigh equally in favor of each parent, excessive corporal punishment may tip the scales out of your favor. If you are engaged in a child custody dispute, you should avoid using corporal punishment.

Sending your child back to the other parent with a mark caused by spanking could have disastrous results on your child custody case.

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

Criminal Mandatory Minimums

Posted on August 23 2017 by Todd Spivak and Rebecca Canterbury

Earlier this year, Attorney General Jeff Sessions rescinded a 2013 policy that sought to avoid mandatory minimums for low-level, nonviolent drug offenders.

Mandatory minimums have swelled the federal prison population and led to racial disparities. Under the policy, a person with one prior drug felony who is charged with possession of a small amount of drugs can face 20 years to life.

Sessions’ actions might make sense if mandatory minimums for minor drug offenses were necessary to combat crime – but they are not. A 2014 study by the U.S. Sentencing Commission found that defendants released early were not more likely to reoffend than prisoners who served their whole sentences.

At Spivak Law Firm, we strongly defend people accused of drug crimes. If you have been arrested for a drug crime or are the target of an investigation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Fund Violence Against Women Act

Posted on August 22 2017 by Todd Spivak and Rebecca Canterbury

Across the country, organizations that help women recover from domestic abuse draw support from the Violence Against Women Act (VAWA). But President Trump’s proposed budget calls for a 4 percent cut to the department that supports these programs.

U.S. Attorney General Jeff Sessions is charged with enforcing VAWA, though he voted against it in 2013 as a Senator. If these cuts are approved – or if the Republican-controlled Congress fails to renew VAWA in 2018 – victims of domestic violence and sexual assault would lose access to valuable programs designed to help them.

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 or toll free at (800) 545-9390.

PFA: Dating Partners

Posted on August 14 2017 by Todd Spivak and Rebecca Canterbury

If signed into law, House Bill 223 would provide dating partners in Louisiana the same protections in domestic-abuse cases as spouses are afforded.

Under current law, dating partners involved in domestic abuse cases may only be charged with simple battery, not domestic abuse battery, which carries more severe penalties.

It’s vital for dating partners to receive the same protections from battery as other abuse victims. Abusive behavior left unchecked tends to escalate, and domestic-violence laws include enhanced penalties to deter such behavior.

The danger is just as real in a dating relationship as in marriage. In fact, roughly 60% of the people killed in domestic homicides in Louisiana in 2016 were not married to their alleged killers.

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.

Child Custody: Relocation

Posted on August 14 2017 by Todd Spivak and Rebecca Canterbury

When parents of minor children separate or divorce, their ability to relocate to a new residence may be restricted.

Parents must either get the other parent’s approval or obtain permission from the court in order to relocate.

The judge considers many factors when making the decision on whether to grant the relocation request, including the child’s preference, the age of the child, and the reason for moving. Ultimately, the parent who wants to move must convince the judge that moving will be in the child’s best interest.

Spivak Law Firm provides strong, compassionate representation in child custody cases. We handle all child-custody matters, including trials, drafting agreements, and relocation hearings. Call us at (412) 344-4900 or toll free at (800) 545-9390.

Domestic Abuse: Immigration

Posted on August 14 2017 by Todd Spivak and Rebecca Canterbury

Since President Trump took office, domestic-abuse victims seeking help have been concerned about their possible deportation.

A recent survey of over 700 advocates and legal service providers found that 62% have observed an increase in immigration-related questions from survivors of violence.

The immigrant community has interpreted President Trump’s rhetoric and reports of increased enforcement to mean all are at risk. This anxiety has translated into behavioral shifts among some of the most vulnerable immigrants, including those trapped in violent situations.

Partial Expungements In Pennsylvania

Posted on July 24 2017 by Todd Spivak and Rebecca Canterbury

A criminal record can harm your employment opportunities. Pennsylvania recently increased the options for restricting employers from viewing your criminal record through what are called limited access orders.

For the first time, people convicted of second- and third-degree misdemeanor offenses may be able to restrict employers from viewing their criminal records.

But what about people convicted of felonies and first-degree misdemeanors? Such people may not be able to completely erase or seal their records, but they can obtain partial expungements.

For instance, people with long rap sheets can clean up their backgrounds by partially expunging their records to remove all charges that were withdrawn or dismissed. Though a criminal record remains, it will look far better to employers, especially if the convictions occurred many years ago.

Spivak Law Firm is devoted to helping people with criminal records move on with their lives. Call us today at (412) 344-4900 or toll free at (800) 545-9390.

Shared Custody for Working Parents

Posted on July 17 2017 by Todd Spivak and Rebecca Canterbury

In many families, the Dad is the breadwinner and the Mom stays home with the children. But if they separate or divorce, each parent still may be entitled to equal time with the children.

The distance between parents’ residences is a key consideration for deciding whether a shared custody schedule is appropriate. Living in the same school district will increase your chance of winning shared custody.

Spivak Law Firm handles all child custody matters. We negotiate and draft custody agreements, litigate custody relocation hearings and trials, and work closely with clients to develop legal strategies to achieve their goals. We provide strong, compassionate, cost-effective representation.

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

Funding For Abuse Victims

Posted on July 11 2017 by Todd Spivak and Rebecca Canterbury

In domestic-violence cases, research demonstrates that legal-aid services for women reduce the likelihood they will experience domestic violence in the future.

Unfortunately, President Trump’s proposed budget severely cuts departments that fund programs supporting domestic-violence victims. Additionally, the budget proposes to eliminate the Legal Services Corporation, which provides legal aid to domestic-abuse victims who are married to U.S. citizens or lawful permanent residents.

Child Custody and Step-Parents

Posted on July 10 2017 by Todd Spivak and Rebecca Canterbury

Moving forward as a family after divorce or separation can be more difficult when step-parents are involved. To avoid conflict between your ex-spouse and the step-parent of your children, consider the following three tips:

Talk to the children together as a family, assuring them that their step-parent is not a replacement, but another person to care for them.
Set boundaries ahead of time, and discuss the role step-parents will play in the lives of the children.
Work together as a cohesive family unit; do not argue over the role of the step-parent in front of the children.

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