Spivak Law Firm

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Criminal Defense

Stop False Reports To Child Abuse Hotlines

Little girl wearing sundress holding flowersPeople engaged in child custody battles can exploit child abuse hotlines by falsely reporting abuse in an effort to gain leverage in Court.

The public should not be allowed to make anonymous reports to child abuse hotlines, as these calls can result in innocent parents losing their kids, according to family law professor Dale Margolin Cecka of the University of Richmond.

A study of anonymous public reports found that nationally, only 1.5 percent of all reports are both anonymous and substantiated.

Professor Cecka distinguishes between the criminal justice system and Child Protective Services:

“The criminal justice system does not permit lay people to make completely anonymous reports. Before arresting or detaining anyone on the basis of an anonymous tip, police must also corroborate aspects of the allegation made by the confidential caller.”

Child Protective Services, meanwhile, “has an opposite mandate: It must visit a home after an anonymous call, if the allegations meet the legal definition of ‘abuse’ or ‘neglect.’”

The public should never be allowed to anonymously call a child abuse hotline, Professor Cecka concludes.

Spivak Law Firm provides aggressive representation in all high-conflict child custody and child abuse cases. To schedule a free consultation, call (412) 344-4900 or toll free at (800) 545-9390.

Is Stalking A Crime In Pennsylvania?

Assault Pic4Stalking is a crime in Pennsylvania. There are two basic elements to the crime:

  • The stalker must complete at least two acts of unwanted behavior, no matter how close or far apart in time they are, and
  • The victim must experience reasonable fear of serious bodily injury or substantial emotional distress.

The prosecutor’s office in your county makes the final decision whether to file criminal charges, including stalking charges.

If you are accused of stalking, Spivak Law Firm provides strong, aggressive defense in Protection From Abuse (PFA) and all criminal hearings. Call us today for a free consultation at (412) 344-4900 or toll free at (800) 545-9390.

Spivak Law Firm In Pittsburgh Post-Gazette

TS Headshot - FINALThe Pittsburgh Post-Gazette has again featured Attorney Todd Spivak, owner of Spivak Law Firm, as an authority in Protection From Abuse (PFA) and child custody law in Pennsylvania.

In Crack Down on Domestic Violence in Allegheny County, Attorney Spivak addresses the issue of Allegheny County registering more domestic-violence fatalities than any other Pennsylvania county. The article focuses specifically on the grisly death of Pittsburgh resident Maureen Karr that occurred over the holidays, and calls for increased judicial involvement at PFA hearings.

In Improve Pennsylvania’s Domestic-Abuse Law, Attorney Spivak proposes ways to fix Pennsylvania’s PFA law to limit false claims of abuse. His recommendations include criminally prosecuting filers of bogus PFA petitions and removing PFA records from the public database if the order is withdrawn or dismissed.

In Child Custody For Rapists?, Attorney Spivak exposes a loophole in Pennsylvania law that enables men who father children through rape to assert child custody and visitation rights. The Pennsylvania legislature may make it easier for a woman who has become pregnant as a result of rape to have her assaulter’s parental rights terminated while maintaining his duty to pay child support.

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

Crack Down on Domestic Violence In Pittsburgh

PFA Pic9The Pittsburgh Post-Gazette published the following article by Attorney Todd Spivak, owner of Spivak Law Firm, which handles all areas of family law and criminal defense with an emphasis on child custody and Protection From Abuse (PFA).

Maureen Karr got a temporary protection-from-abuse order against her husband on grounds that he threatened to burn their house down. Two weeks later, according to police, James Karr made good on his promise and his wife died in the fire.

In Pennsylvania, more than 150 people die every year from incidents involving domestic violence. Astonishingly, Allegheny County for two straight years has tallied more domestic-violence fatalities than any other Pennsylvania county, even Philadelphia. In 2013, there were 28 domestic-violence related deaths in Allegheny County, representing nearly one-fifth of such fatalities statewide, according to the Pennsylvania Coalition Against Domestic Violence.

“Some conclude that PFAs are useless, that they’re just a piece of paper,” says Spenser Baca, a third-year student at the University of Pittsburgh School of Law who represented Maureen Karr at a PFA hearing hours before she was killed. “But PFAs help the majority of clients.”

In December, after 14 years of marriage, Maureen Karr told her husband she wanted a divorce. According to her PFA order, James Karr flipped out: he broke her stuff, slashed her car tires and threatened to set fire to their home in Duquesne. Ms. Karr took refuge at a neighbor’s house and called police. James Karr was arrested, briefly incarcerated and charged with public intoxication.

Charges of harassment and terroristic threats would have served Ms. Karr better. James Karr’s bond conditions did not even include a restraining order.

So, on Dec. 15, Maureen Karr obtained the temporary order that evicted her husband from their home and prohibited all contact. “He was threatening to set the house on fire,” Maureen hand-wrote in the PFA petition.

Similarly, last September, Nancy Bour of Ross Township wrote on a PFA petition against her husband: “Threatened to burn the house down if I try to get divorce.” The next day, according to police, Thomas Bour poured gasoline on their house and set it ablaze. Thomas Bour faces trial next month on multiple felony charges of arson and risking catastrophe.

Defendants always make threats,” says Mr. Baca. “It’s surreal when they make true on their threats.”

On Dec. 29, Maureen and James Karr appeared separately on the third floor of family court Downtown. Ms. Karr sought a final PFA order lasting three years — the maximum allowed under Pennsylvania law. But a hearing never occurred, as the defendant suddenly dropped to the floor and convulsed violently. Although James Karr receives disability benefits based on a seizure disorder, Mr. Baca suspects he faked a seizure to avoid the hearing. The parties left the courthouse without even seeing a judge.

In Allegheny County, court administrators estimate that only 5 percent of PFA cases ever go before a judge for a final hearing. Attorneys frequently work out agreements and draft court orders signed by the parties. An administrator will stamp a judge’s signature on them, but there is no direct judicial involvement whatsoever in the vast majority of cases.

Other counties surrounding Pittsburgh handle PFA cases differently. For instance, Westmoreland County judges insist that all parties appear before a judge regardless of how the case is resolved. It’s impossible to know if a judge’s finger-wagging lecture or threat of grave consequences for another infraction would have saved Maureen Karr’s life, but it might have. Allegheny County’s practice of letting administrators stamp court orders must stop.

Moreover, to promote consistency, Allegheny County should have specialized judges with extensive domestic-violence training to handle all PFA hearings. That’s how PFA cases are handled in Philadelphia County, which saw its number of domestic-violence fatalities drop by 33 percent last year.

This is also how things are done across the street in criminal court, where just two judges oversee all of Allegheny County’s domestic-violence cases. But for PFA hearings, 17 family court judges and three senior judges take turns, ensuring an egregious lack of consistency in court rulings.

On Dec. 30, just hours after appearing in court, James Karr showed up at the couple’s red-brick house set on an orange-brick street. The temporary PFA order remained in place, but, according to police, James Karr went in, slammed his wife’s head against a wall, knocking her unconscious, then tied her wrists with floral wire used for making Christmas wreaths, doused her with her favorite Smirnoff vanilla-flavored vodka and lit a match.

Maureen Karr died from smoke inhalation and carbon-monoxide poisoning. James Karr, a South Park native, has been charged with criminal homicide and aggravated arson. The Allegheny County district attorney’s office plans to argue for the death penalty.

It is impossible to know if Maureen Karr’s death might have been prevented. But immediate action should be taken to curb the number of domestic-violence fatalities in Allegheny County. Increased involvement at PFA hearings by judges with advanced training in domestic-violence cases, and the tougher rulings that likely would result, could make the difference.

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

Pittsburgh Man Faces Death Penalty

The Allegheny County district attorney’s office last month said it will seek the death penalty against Pittsburgh man James Karr, who is accused of knocking his wife unconscious and setting her on fire. The announcement came just ten days after Pennsylvania’s governor placed a moratorium on the death penalty.

Maureen Karr, an administrator at UPMC Mercy, got a Protection From Abuse (PFA) Order against her husband in December on grounds that he threatened to burn their house down. James Karr ignored the court order, killing his wife just hours after appearing at PFA Court in downtown Pittsburgh, according to police.

Prosecutors say the grisly incident met several criteria for the death penalty, which will be sought if James Karr is convicted of first-degree murder.

There are 186 death-row inmates in Pennsylvania, including nine from the Pittsburgh area. The state’s last execution occurred in 1999.

Spivak Law Firm provides strong, aggressive defense in all PFA and criminal hearings. Call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Governor Stops Death Penalty In Pennsylvania

Criminal Pic3Gov. Tom Wolf last month announced a moratorium on the death penalty in Pennsylvania.

Although the state has not executed a prisoner since 1999, there are currently 186 death-row inmates in Pennsylvania, including nine from the Pittsburgh area. Terrance Williams, who was convicted of murder and scheduled for execution by lethal injection this week, has been issued a reprieve.

Associations of Pennsylvania district attorneys and state troopers criticized the move, which Gov. Wolf says was necessary to review the “fundamental fairness” of capital punishment administered by the state. Specifically, the governor cited death-row inmates later exonerated and disproportionate sentencing of African Americans as evidence that the system is flawed.

Pennsylvania may eventually join 18 other states that have ended the death penalty.

Spivak Law Firm provides strong, aggressive defense in all criminal matters. Charged with a crime? Call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

In Her Own Words: PFA Contained Plea For Help

116926544On December 30, 2014, Pittsburgh resident James Karr tied up his estranged wife Maureen, doused her with vodka, and set her ablaze. “He was threatening to set the house on fire,” Maureen Karr wrote just two weeks earlier in a Temporary  Protection From Abuse (PFA) petition filed in Allegheny County.

Charged with homicide and arson, James Karr currently sits in Allegheny County Jail awaiting his preliminary hearing set for January 9th.

Below is a transcript of the Temporary PFA petition that Maureen Karr wrote out herself with a pen just two weeks before she burned to death:

Approximate Date and Time: 12-12-14 @ 7:00 a.m.

Place: 132 Friendship St., Duquesne, PA 15110

James [Karr] threw bottles out onto the street causing glass to go on sidewalk & street. He was threatening to set the house on fire. After I fleed [sic] the house to a neighbors. We witnessed him going outside & stabbing my tires flattening all 4. James then pulled car window down & threw sewing machine & ceiling fan on the street. He called police stating I threw the bottles. While talking with 911 police came & handcuffed James & took him from the premises as he was still outside. He was later 302’d to the hospital. Have received numerous harassing & name calling phone calls[….]

Describe Any Prior Incidents Of AbuseJames becomes irrate [sic] & flips out breaking items in the home. About 3 years ago had a PFA against him because he pulled me down the steps causing me to fall down last two steps injuring my ribs & hip.

Spivak Law Firm provides strong, aggressive representation for plaintiffs and defendants in all domestic violence matters, including PFA, child custody, criminal, and CYF. Call us at (412) 344-4900 or toll free at (800) 545-9390.

PFA Orders Trump Right to Own Guns

In Pennsylvania, Protection From Abuse (PFA) Orders obliterate a person’s constitutional right to possess firearms. A person served with a PFA is immediately ordered to:

–Relinquish to the sheriff any of the defendant’s firearms;

–Relinquish to the sheriff any other weapons or ammunition of the defendant that were used or threatened to have been used in an incident of abuse against the victim or the victim’s children;

–Relinquish any firearm license that the defendant may have;

–Not acquire or possess any other firearm for the duration of the PFA;

When relinquishment is ordered, the defendant must surrender any firearm, weapon, ammunition, or license ordered within 24 hours after service of the temporary PFA order or 24 hours after entry of the final PFA order.

The defendant has the option to relinquish for safekeeping to a third party, who has signed an Affidavit of accountability with the sheriff’s office.

Served with a PFA? We strongly defend your rights and reputation. Call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

What Happens After Criminal Charges Are Filed?

200274139-001When criminal charges are filed, the defendant will be arrested or ordered to appear at a court hearing.

The defendant will be taken before a judge and advised of the charges being filed.

A preliminary hearing is scheduled within ten days. The arresting officer will notify the victim of when and where to appear for this next court date.

A judge sets the bond amount.

Bond (or bail) is the amount of money that the Defendant must pay in order to guarantee he or she will appear at the next court date. If the money is not paid, then the defendant will remain in jail and be transported by a sheriff to the next court date.

Charged with a crime? Call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Violating A PFA Order Brings Criminal Charges

139378055Police may arrest a defendant without a warrant for violating a Protection From Abuse (PFA) Order based on probable cause even if the police did not witness the violation.

Probable cause may consist of verifying a valid PFA Order and the credible statement of the victim.

A Defendant who is arrested for violating a PFA Order will be arraigned on the charge of Indirect Criminal Contempt (ICC) by the magisterial district judge who has jurisdiction.

The burden of proof required in an ICC hearing is “proof beyond a reasonable doubt.” Punishment for violating a PFA Order is a maximum of six months in jail and a $1,000 fine.

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