Blog - Spivak Law Firm

Temporary PFA v. Final PFA

Posted on August 31 2021 by Todd Spivak and Rebecca Canterbury

If you are served with a Temporary PFA, a hearing will be scheduled within 10 days.

At the hearing, a judge will hear testimony and review evidence to determine if a Final PFA is warranted.

Most requests for a Temporary PFA are granted. No judge wants to deny a person’s request for protection then find out later that the person seeking help was seriously harmed.

The chances of obtaining a Final PFA are significantly lower, especially if you have an experienced PFA defense attorney.

The Final PFA represents the first time in the process that the defendant can push back on the abuse allegations.

The defendant can testify, cross-examine the accuser, call witnesses to the stand, and provide documentary evidence for the court to review.

Spivak Law Firm provides strong representation at PFA hearings in Pittsburgh and all surrounding counties, including: Allegheny, Armstrong, Crawford, Beaver, Buter, Fayette, Greene, Indiana, Lawrence, Mercer, Somerset. Venango, Washington and Westmoreland.

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

Access to Criminal Records

Posted on August 31 2021 by Todd Spivak and Rebecca Canterbury

If you have a criminal record, it is visible to the public through a basic docket search using your first and last name. If your criminal record is wiped clean through the expungement process, it will not appear on public dockets.

But district attorneys and the Pennsylvania State Police Central Repository will still have access to your record. Other law enforcement agencies and courts may obtain access to your record by request. They retain access to your record for the following purposes:

To identify people in criminal investigations;
To determine the grading of future criminal offenses; and
To determine eligibility for diversionary programs.

Erasing your criminal record may open new opportunities for employment.

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

Divorce with Compassion

Posted on July 30 2021 by Todd Spivak and Rebecca Canterbury

Divorce may be one of the most stressful and emotionally painful events in your life.

The last thing you want is an attorney who talks down to you or does not return your calls.

At Spivak Law Firm, we provide compassionate representation in all family law matters, including:

We take the time to explain complex legal issues to our clients so they fully understand their options and rights under the law.

We pride ourselves on being available to our clients, who may find themselves in emergency situations that require immediate access to their attorney.

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

Child Custody and Healthy Anxiety

Posted on July 30 2021 by Todd Spivak and Rebecca Canterbury

Anxiety is a critical protective mechanism that children begin to develop during their first year of life.

Healthy anxiety warns us when danger might be ahead, and for babies and toddlers, separation anxiety marks a developmental milestone as children begin recognizing that loved ones offer the most safety and protection.

Short, manageable meltdowns that happen right after day care drop-off, at bedtime, or when a parent leaves the room are normal and generally self-limiting.

Those episodes can also happen during periods of transition, such as after moving into a new home or starting a new school.

They typically last only a few minutes and go away entirely after the child has had a few weeks to adjust to the new routine.

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

Final PFA: A Life-Long Record of Abuse

Posted on July 14 2021 by Todd Spivak and Rebecca Canterbury

Many people who are served with a Temporary Protection From Abuse (PFA) Order make the mistake of not taking it seriously.

They might not hire an attorney. This is mistake because the alleged victim will almost certainly have an experienced trial lawyer. Pittsburgh and all surrounding counties have local nonprofit organizations that provide free lawyers for people alleging abuse.

Some defendants do not even show up to court for the Final PFA hearing. This is a mistake because failing to appear for the hearing will usually result in a maximum three-year Final PFA against you.

All defendants should have an experienced PFA attorney evaluate their case even if they no longer want to have contact with the person alleging abuse.

A Final PFA creates a permanent record of abusive behavior.

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

Child Custody: Strategies to Prevent Meltdowns

Posted on July 14 2021 by Todd Spivak and Rebecca Canterbury

Young children may exhibit symptoms of separation anxiety when their parents divorce. Symptoms may include whimpering to be picked up, shrieking if a parent leaves the room, or wailing at bedtime.

Child psychologists recommend the following strategies to prevent or de-escalate meltdowns:

Validate their feelings: Acknowledge that you understand why the situation makes them feel scared, and encourage them to practice being brave and trying an activity on their own.
Reward quiet acts of bravery: Avoid prolonging goodbyes and paying attention to tantrum. Be sure to reward them for playing alone or going to bed without fuss.
Practice routines: If you suspect that your child might struggle with an upcoming event, like starting remote learning, returning to preschool or an overnight visit with family, practicing the routine a few days before can help your child prepare.
Provide a transitional object: Give your children something small and personal that reminds them of home – that they can keep in their pocket or cubby and retrieve when they need to feel a connection to loved ones.
Relieve your own stress: Anxious parents can exacerbate their children’s anxiety, so take steps to relieve your own stress.

Spivak Law Firm handles all family law matters, including: divorce, child custody, child support, spousal support, alimony, separation of assets and debts, estate planning, 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.

Alimony as Secondary Remedy

Posted on July 14 2021 by Todd Spivak and Rebecca Canterbury

Alimony is considered a secondary remedy under Pennsylvania law.

If there are liquid assets in the marital estate, judges in Allegheny County prefer to award the lower earning spouse a higher percentage of the martial estate.

Divorce cases often do not include any alimony award, or there may be alimony for a short-term basis only.

Courts generally will not award unless the marriage exceeded 15 years and there is a significant disparity in income levels between the wife and husband.

To learn more about spousal support and alimony, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Divorce for the Higher Earning Spouse

Posted on June 21 2021 by Todd Spivak and Rebecca Canterbury

The higher-earning spouse may be required to pay spousal support or alimony as part of a divorce.

Spousal support refers to money paid to the lower-earning spouse until the divorce is finalized. Alimony refers to money paid to the lower-earning spouse after the decree in divorce has been issued.

Additionally, the higher-earning spouse may be entitled to a smaller portion of the marital estate.

Under Pennsylvania law, the formal process for dividing a marital estate is known as equitable distribution. If the parties cannot agree about how to divide the marital estate, the court will issue an order based on principles of fairness.

In such cases, the court may not believe that a 50/50 division of marital assets is fair. Rather, the higher hearing spouse may receive as little as 40 or 45 percent of the estate.

To learn more about how to divide assets and debts as part of your divorce, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Divorce for the Lower Earning Spouse

Posted on June 16 2021 by Todd Spivak and Rebecca Canterbury

The lower-earning spouse stands to gain financially in many divorce cases.

For instance, the lower-earning spouse may receive spousal support – monthly payments until the divorce is finalize. In some cases, the lower-earning spouse may also receive alimony – monthly payments that continue even after the divorce is finalized.

Additionally, the lower-earning spouse may be entitled to a larger division of the marital estate.

If the parties cannot agree about how to divide the marital estate, the court will issue an order based on principles of fairness under Pennsylvania law.

In addition to monthly support, the lower-earning spouse may be entitled to receive a 55 or even 60 percent share of the marital estate.

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

PFA Hearing: Do I Need A Lawyer?

Posted on June 16 2021 by Todd Spivak and Rebecca Canterbury

Q: I’ve been served with a PFA. Do I need an attorney?

A: Yes.

In Pittsburgh and surrounding counties, a free attorney is provided to anyone alleging abuse in PFA Court.

Therefore, if you are a PFA defendant, you should level the playing field by hiring an attorney to represent you.

Otherwise, you will be negotiating with and potentially facing off in court against a seasoned PFA lawyer.

A Final PFA carries significant consequences.

You may be evicted from your home and restricted from your children. You may lose your job. You could even lose your liberty and go to jail if accused of violating the PFA.

Spivak Law Firm provides strong, aggressive defense at Final PFA hearings. If necessary, we subpoena documents and witnesses. We are experienced trial lawyers.

We offer a free consultation for PFA matters and generally charge a flat fee so our clients know upfront exactly how much our representation will cost.

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