Blog - Spivak Law Firm

Accused of Abuse?

Posted on May 12 2013 by Todd Spivak and Rebecca Canterbury

Spivak Law Firm routinely defends people accused of domestic violence and abuse. We defend people facing Protection From Abuse (PFA) orders and criminal charges such as simple assault, aggravated assault, harassment, stalking, terroristic threats, child abuse, and reckless endangerment. We also help people facing abuse charges assert child custody and visitation rights.

In family court, it is important to understand that credibility is everything. Someone accused of abuse instantly loses sympathy and credibility in the eyes of the court. Only a rapid, fact-based response can prevent a negative stereotype from attaching to you if you’re falsely accused of abuse. If this happens, it often helps to request a custody or psychological evaluation for both parents and the children, which some judges will order to get beneath the surface and thoroughly evaluate the truth, the dynamics of the parties, and their parenting abilities. Ideally you need to be prepared with a fact-based response to these common types of allegations from the start of the case.

If you’ve been accused of abuse, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Types of Domestic Violence

Posted on May 9 2013 by Todd Spivak and Rebecca Canterbury

At Spivak Law Firm, we handle many cases involving allegations of domestic violence, including: Protection From Abuse (PFA), criminal charges such as assault and harassment, and high-conflict divorce and child custody matters. According to family law experts, there are four distinctly different types of domestic violence:

1) Battering: Also known as coercive controlling violence, battering involves a pattern of power and control by one partner and a pattern of fear in the victim partner. There may not be frequent violence, but when violence occurs, it can be severe and result in bruises, broken bones, and even death. The victim often becomes isolated, loses self-esteem, and finds it very hard to leave. Most batterers seem to have characteristics of borderline, narcissistic, or anti-social personalities.

2) Situational Couple Violence: This type of domestic violence is the most common type. Instead of a pattern of power and control, both parties in the couple have difficulties resolving conflict peacefully and get into pushing and shoving types of behavior, sometimes with injuries. Neither party lives in fear of the other, and the violence is generally less severe. Research shows that men and women engage in this type of violence fairly equally.

3) Separation-Instigated Violence: Sometimes there are one or two incidents at the time of separation, but no prior history of violence. Both parties may engage in this behavior, and it is fairly equal among males and females.

4) Violent Resistance: This term is used when a victim of a batterer fights back, sometimes injuring the usual perpetrator. Sometimes, batterers set up a spouse to fight back, then call the police. Sometimes victims get arrested because of one injury to the batterer, while the batterer gets away with numerous injuries on other occasions that the victim does not report.

To schedule an appointment with an attorney experienced in cases involving allegations of domestic violence, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

ARD Gives Offenders A Second Chance

Posted on May 5 2013 by Todd Spivak and Rebecca Canterbury

In Allegheny County, first-time non-violent offenders may qualify for the ARD program, which gives them a second chance for a clean criminal record. ARD stands for Accelerated Rehabilitative Disposition. It is commonly offered to first-time DUI offenders.

ARD participants agree to a probationary period lasting from six months to two years that may include community service, restitution, and offense-specific classes. Although the program isn’t cheap – court costs alone exceed $2,600 – successful completion of ARD allows an offender’s record to be erased or expunged.

To learn if you are eligible for ARD, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Protecting Kids in Divorce

Posted on May 3 2013 by Todd Spivak and Rebecca Canterbury

In Pennsylvania, courts generally frown on parents who fail to protect their children from conflicts during divorce.

If you’re engaged in a child custody dispute, protect your children from conflicts between you and your partner. Don’t say anything against your partner, no matter how provoked you might be, because anything could become evidence.

Avoid the following behavior:

Asking your children questions about the other partner;

Discussing court with your children or within their hearing;

Asking your children to compare you and your partner;

Giving your children choices between their two parents;

Exposing your children to your negative emotions.

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

5 Common PFA Misconceptions

Posted on April 25 2013 by Todd Spivak and Rebecca Canterbury

Many people have misconceptions about Protection From Abuse (PFA) orders. As a result, they might accept a PFA instead of fighting it. Or they might violate the PFA unknowingly, resulting in criminal charges. Protect yourself by reading Spivak Law Firm’s five most common PFA misconceptions:

Misconception #1: “It doesn’t matter if I get a PFA because I don’t want to see the plaintiff anyway.

Even if you don’t want to have contact with the plaintiff, we strongly advise you to contest the PFA. A PFA stays on the civil docket and can haunt you for years, especially if you seek a job that requires a background check. Protect your future by hiring an experienced PFA attorney to try to get the PFA vacated, withdrawn, or dismissed.

Misconception #2: “The PFA means we can’t contact each other.”

In fact, the PFA means the defendant cannot contact the plaintiff. But the plaintiff can contact the defendant because the PFA restricts the defendant only. If the plaintiff contacts you while the PFA remains in place, do not respond. The plaintiff could be setting a trap to get you arrested. The plaintiff may always seek to withdraw the PFA.

Misconception #3: “I won’t get in trouble for having somebody else tell the plaintiff to drop the PFA.”

A PFA is a no-contact order. No contact includes physical contact as well as phone calls, texts, emails, faxes, and regular mail. It also includes third-party contact. Instructing another person to give any message whatsoever to the plaintiff is a violation of the PFA that could result in criminal charges.

Misconception #4: “A PFA can’t be used to take my kids away.”

Plaintiffs sometimes misuse PFAs to gain leverage in child custody and divorce cases. Plaintiffs may temporarily receive sole custody of a child until the final PFA hearing, causing defendants to go weeks or even months without seeing their kids. Custody provisions are often included in final PFAs that stay in place indefinitely.

Misconception #5: The plaintiff can’t afford a lawyer so I don’t need to get a lawyer either.

In many Pennsylvania counties, including Allegheny and Westmoreland Counties, plaintiffs may receive a free lawyer regardless of income. In these counties, free lawyers are offered to all plaintiffs, not just low-income plaintiffs. Spivak Law Firm strongly advises defendants to hire an experienced PFA attorney to level the playing field.

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

Defining “Income” for Child Support Cases

Posted on April 25 2013 by Todd Spivak and Rebecca Canterbury

Child support is largely based on parents’ income. At a child support hearing, both parents are required to bring federal income tax returns, including W-2s, and pay stubs for the last six months.

But what is “income” for child support purposes? According to Pennsylvania law, incomes includes:

–wages, salaries, bonuses, fees and commissions;

–net income from business or dealings in property;

–interest, rents, royalties and dividends;

–pensions and all forms of retirement;

–income from an interest in an estate or trust;

—Social Security disability benefits;

–Social Security retirement benefits;

–temporary and permanent disability benefits;

–workers’ compensation;

–unemployment compensation;

—alimony;

–lottery winnings;

–income tax refunds; and

–insurance compensation or settlements.

Income does not include public assistance and Supplemental Security Income (SSI) benefits, Social Security payments for a child, and foster care payments.

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

What To Do If You’re Stopped By Police

Posted on April 25 2013 by Todd Spivak and Rebecca Canterbury

If you’re stopped by the police, the Pennsylvania Department of Transportation (PennDot) suggests that you do the following for your safety and the safety of others:

-Activate your turn signal and drive as close as safely possible to the right edge of the road, stop, and park your vehicle safely away from traffic.

-Turn on your vehicle’s interior light as soon as you stop and before the officer approaches, if it is nighttime.

-Limit your movements and the movements of your passengers – do not reach for anything in the vehicle.

-Alert the officer immediately, if you are transporting any type of firearm.

-Place your hands on the steering wheel, and ask any passengers to have their hands in view.

-Keep your vehicle doors closed as the officer approaches, and stay inside your vehicle, unless the officer asks you to get out.

-Keep your seat belt fastened until the officer has seen you are appropriately restrained.

-Wait until the officer asks you to retrieve your driver’s license, registration and insurance cards. Do not hand the officer your wallet – just the requested items.

-Always be polite. It is not in your best interest to argue with the officer at the scene. If you believe you have not been treated in a professional manner, you should contact the appropriate police department at a time following the traffic stop, and ask for a supervisor.

If you are given a citation and disagree with it, you are entitled to a court hearing where you can present your arguments. Spivak Law Firm represents people in traffic court throughout the Pittsburgh area. To speak with a traffic law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Awarding Alimony in Pennsylvania

Posted on April 17 2013 by Todd Spivak and Rebecca Canterbury

In Pennsylvania, courts generally disfavor granting alimony, reasoning that divorce should result in a clean break. Alimony, by contrast, links the parties together potentially for years post-divorce by forcing one party to pay the other on a regular basis.

Pennsylvania judges prefer to handle financial inequities resulting from divorce through property division in equitable distribution, the process for dividing marital assets and debts based on principles of fairness.

But courts will grant alimony in limited circumstances – for instance, to pay for one party’s education in order to increase his or her earning capacity.

To learn more about whether you may be entitled to alimony or other forms of spousal support, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Pennsylvania Child Support Guidelines

Posted on April 13 2013 by Todd Spivak and Rebecca Canterbury

Pennsylvania and 36 other states apply the Income Shares Model for calculating child support. Under this model, children of separated, divorced or never-married parents are entitled to receive the same proportion of parental income that they would have received if the parents lived together.

Several economic studies estimate the average amount of household expenses for children in intact households. These studies show that the proportion of household spending devoted to children is directly related to the level of household income and to the number of children.

Pennsylvania’s child support guidelines represent average expenses on children for food, housing, transportation, clothing and other miscellaneous items that are needed by children and provided by their parents. The guidelines, which are established by rule by the Pennsylvania Supreme Court, are based upon the reasonable needs of the child.

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

Post-Gazette Features Spivak Law Firm

Posted on March 28 2013 by Todd Spivak and Rebecca Canterbury

The Pittsburgh Post-Gazette has featured Spivak Law Firm’s article on ways to fix Pennsylvania’s Protection From Abuse (PFA) law to limit false claims of abuse.

Although a PFA aims to protect victims of domestic abuse, the law itself is frequently abused by plaintiffs who file bogus PFAs to get defendants evicted from a shared residence or to gain leverage in a divorce or child custody matter.

In our article, Spivak Law Firm proposes five common-sense solutions for curbing abuses. Our recommendations include criminally prosecuting filers of bogus PFA petitions and removing PFA records from the public database if the order is withdrawn or dismissed.

Spivak Law Firm, which focuses on family law and criminal defense, was featured in The Pittsburgh Post-Gazette last September in an article about child custody rights in Pennsylvania. The local newspaper also spotlighted Spivak Law Firm in its South Notables section and includes us in its business directory.

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