Blog - Spivak Law Firm

Don’t Spank Your Kids

Posted on May 17 2017 by Todd Spivak and Rebecca Canterbury

Under Pennsylvania law, parents are permitted to use corporal punishment if it is for the purpose of safeguarding or promoting the welfare of their child.

But the force used on the child cannot create a substantial risk of death, serious bodily injury, disfigurement, extreme pain, or mental distress.

A spanking that leaves a mark or bruise could result in a Protection from Abuse Order (PFA), a Child, Youth and Families (CYF) investigation, or even criminal charges for child abuse.

Parents engaged in child-custody disputes should consider avoiding all forms of corporal punishment to avoid allegations of abuse.

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

Shut Out of the Workforce?

Posted on May 15 2017 by Todd Spivak and Rebecca Canterbury

People are often shut out of the work force because of their criminal records. It’s tough enough to obtain employment in today’s job market, don’t let a bad decision you made years ago keep you from living your life.

If your criminal record has adversely affected your ability to obtain employment, you may have the option of removing citations, arrests, and convictions from your record by petitioning the court for an expungement. You may be eligible for an expungement if:

The criminal charges against you were withdrawn or dismissed;
You have been free of arrest or conviction for five years following a summary offense conviction; or
You completed an accelerated rehabilitative disposition (ARD) program on a first-time criminal charge.

At Spivak Law Firm, we expunge criminal records for a low, one-time fee. For more information, call us at (412) 344-4900 or toll free at (800) 545-9390.

Sharing Custody of Infants

Posted on May 15 2017 by Todd Spivak and Rebecca Canterbury

Studies show that infants are best able to create healthy relationships with both parents when they spend regular time with each.

This means that both parents should go no longer than a few days without seeing the child.

There should be daily communication regarding the child’s eating and sleeping patterns, medical developments, as well as any noteworthy milestones.

If there is a high level of conflict between you and the other parent, consider keeping track of these updates in a notebook, which you may pass back and forth during exchanges.

Spivak Law Firm handles all family law matters, including: child custody, child support, divorce, spousal support, Protection From Abuse (PFA), and Children Youth and Families (CYF). If your ex is denying you regular and frequent contact with your child, call Spivak Law Firm today at (412) 344-4900 or toll free at (800) 545-9390.

Prepare for Your PFA Hearing

Posted on April 17 2017 by Todd Spivak and Rebecca Canterbury

If a Protection from Abuse Order (PFA) has been filed against you, it is important to begin preparing your defense as soon as possible. The person who filed against you will be prepared to testify and present evidence, so it is important that you present testimony and evidence to rebut the accusations against you.

Preserve text messages, emails, voicemails, and audio recordings that tend to support your version of events. If you have witnesses who were present at the time of the incident, it is important that they appear at the hearing to support your position.

Spivak Law Firm provides strong, aggressive defense at PFA hearings in Pittsburgh and all nearby counties, including: Allegheny, Beaver, Butler, Fayette, Indiana, Washington, and Westmoreland.

If you’ve been served with a PFA order, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Child Custody and the Holidays

Posted on April 15 2017 by Todd Spivak and Rebecca Canterbury

Accommodating child custody schedules during the holidays can seem impossible due to all the traveling, cooking, shopping, and parties. Preparation and planning are the keys for reducing stress related to child custody during the holidays. Here are three common solutions for sharing holiday time with your children.

Share the holiday so the children may spend half of the day with you and half of the day with your ex-spouse.
Exercise holiday time on an alternating schedule.
Celebrate the holiday on different days.

Spivak Law Firm handles all areas of family law with a focus on high-conflict child custody and allegations of domestic abuse. We handle: child custody, child support, divorce, spousal support, Protection From Abuse (PFA), and Children Youth and Families (CYF).

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

Divorce Settlements in Pennsylvania

Posted on April 12 2017 by Todd Spivak and Rebecca Canterbury

In Pennsylvania, many divorces are resolved through negotiation, without ever having to appear in court, with a Marriage Settlement Agreement. But sometimes parties later regret entering into the agreement for failing to fully understand the terms.

It is important to thoroughly read over you Marriage Settlement Agreement before it is finalized. Also, ask yourself if this agreement is practical for your life. Can you really follow through with its terms? Can your ex?

If you do not have legal counsel, understand one thing: your ex’s attorney does not represent your interests. You should consult with your own attorney to review the agreement before signing. It’s possible that you aren’t receiving a fair deal.

Spivak Law Firm handles all family law matters, including: divorce, child custody, child support, and Protection from Abuse (PFA). Call us at (412) 344-4900 or toll free at (800) 545-9390.

Cheer For Your Kids

Posted on April 10 2017 by Todd Spivak and Rebecca Canterbury

Kids love extracurricular activities such as sports, music, and dance, but parents engaged in high-conflict custody disputes can spoil the fun.

To ease some of the tension, consider planning ahead with your ex-spouse.

Perhaps you may both attend extracurricular events at the same time, but situate yourselves on opposite ends of the field.

Maybe you could designate days that Mom and Dad will attend separately.

Above all, ensure that your children are informed of the schedule as well, and that they know when Mom and Dad are present cheering them on.

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.

Charged with Harassment?

Posted on March 30 2017 by Todd Spivak and Rebecca Canterbury

Break-ups are painful, but repeated calls and texts to an ex, especially late at night, could lead to harassment charges filed against you.

Pennsylvania law defines harassment as acting with the intent to harass, annoy, or alarm another person, which includes:

Violent physical contact, or attempt of violent physical contact;
Following the other person in a public place;
Repeated acts serving no legitimate purpose;
Communicating any lewd, lascivious, threatening or obscene words, language, drawings or caricatures;
Communicating repeatedly in an anonymous manner; or
Communicating at inconvenient hours.

If you have been charged with harassment, immediately cease all forms of contact with the alleged victim. Continued attempts at communication could demonstrate to a judge that you intend to continue the behavior, thereby hurting your chances of getting the criminal charges dismissed.

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

Expanding Your Child Custody Schedule

Posted on March 28 2017 by Todd Spivak and Rebecca Canterbury

Young children should have frequent contact with both parents, which includes engaging in daily routines. When planning your custody schedule, you should consider the following:

The child’s temperament;
Any special needs of the child;
The amount of conflict between you and the other parent;
The child’s familiarity with the households;
The childcare provided by each parent.

If you had less involvement in your child’s daily routine, you may consider exercising custody on a gradual basis to acclimate your child to the change. But once you are more familiar with your child’s daily routine, you may begin exercising more overnights.

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

Domestic Violence Increases Wage Gap

Posted on March 13 2017 by Todd Spivak and Rebecca Canterbury

Men make more money than women over the course of their lifetimes due in part to the disparate number of domestic violence incidents committed against women, according to a recent report from McKinsey and Company.

Women who suffer violence often miss work, become less productive, and lose their jobs or get picked over for a promotion.

The domestic violence perpetrator may further disrupt her work and embarrass her by calling repeatedly and showing up to make a scene.

Such behaviors have further increased the wage gap between men and women, the report states.

Spivak Law Firm handles all areas of family law and criminal defense with a focus on domestic violence and child custody. To schedule a consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.