Criminal Defense

Protect Kids From Trauma

Posted on September 19 2017 by Todd Spivak and Rebecca Canterbury

Researchers have found that exposure to psychological abuse between parents is associated with more damage to the wellbeing of children as they get older than physical domestic abuse.

Social support has been found to be vital for recovery from traumatic events in childhood. However, this research reveals that exposure to high levels of psychological domestic abuse may be associated with a decrease in young people’s satisfaction with the social support they receive.

Spivak Law Firm handles all family law matters, including: divorce, child custody, child 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.

Falsely Accused of Abuse?

Posted on September 12 2017 by Todd Spivak and Rebecca Canterbury

Because courts overwhelmingly grant Protection From Abuse (PFA) orders, the system itself is frequently abused by people seeking leverage in divorce and child-custody actions.

In Pittsburgh and all surrounding countries, judges grant more than 90% of all petitions for a temporary PFA Order, which can immediately evict you from your home, restrict you from your kids, and subject you to arrest.

At Spivak Law Firm, we aggressively defend people accused of abuse at PFA and criminal domestic violence hearings. We handle all areas of family law and criminal defense. If you have been accused of domestic violence, call us at (412) 344-4900 or toll free at (800) 545-9390.

PFAs and Gun Rights

Posted on September 8 2017 by Todd Spivak and Rebecca Canterbury

In Pennsylvania, Protection From Abuse (PFA) defendants are frequently ordered to relinquish their firearms. If the defendant has to surrender the guns, they can be held for safekeeping by a third party like a family member or friend who passes a criminal background check by police.

Spivak Law Firm advocates for PFA defendants to protect their Second Amendment right to gun possession and ownership. We have effectively represented many people whose careers were at risk due to a PFA, including: police officers, homeland security officers, nurses, teachers, firearms dealers, and military personnel.

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

Criminal Domestic Violence

Posted on September 5 2017 by Todd Spivak and Rebecca Canterbury

Q: I am accused of perpetrating domestic violence. Can my accuser get the criminal charges dismissed?

A: No.

In domestic violence cases, it is common for an accuser to later recant testimony in an attempt to “make the charges go away.” If your accuser no longer wants you to be prosecuted, he or she can make this known to the district attorney’s office. However, the prosecutor has sole discretion to decide whether to pursue criminal charges against you.

Spivak Law Firm handles all family law and criminal defense matters with a focus on domestic-violence issues. We provide strong, compassionate representation in all Protection From Abuse (PFA), criminal domestic violence, and child custody cases.

To learn more about domestic violence law in Pennsylvania, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Criminal Records and Employers

Posted on August 29 2017 by Todd Spivak and Rebecca Canterbury

When applying for a job, you are required to inform your employer of any misdemeanor of felony convictions. But you don’t have to disclose convictions for summary offenses. And you don’t have to tell your employer about criminal charges against you that were withdrawn or dismissed.

If you weren’t convicted, you may think that you have nothing to worry about. But employers can access your criminal record simply by using your name and date of birth. Even withdrawn or dismissed charges have the potential to negatively affect employment opportunities. Employers will likely wonder why the police brought charges against you in the first place.

If you were charged with a crime, and the charges against you were later withdrawn or dismissed, we can help you erase the incidents from your criminal record.

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.

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.

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.