Criminal Defense

Harsh Sentences For PFA Violations

Posted on July 24 2020 by Todd Spivak and Rebecca Canterbury

People accused of violating Protection From Abuse (PFA) orders face stiff penalties.

A PFA prohibits all contact between a defendant and the person alleging abuse. A Final PFA hearing is usually scheduled within 10 days after the Temporary PFA is issued.

If you are accused of violating a Temporary PFA Order, the case will likely be heard before a family-court judge.

But if you are accused of violating a Final PFA Order, the case will likely be heard before a criminal-court judge.

The official charge for violating a PFA is known as Indirect Criminal Contempt (ICC).

An ICC conviction carries a possible penalty of six months in jail and a $1,000 fine.

Spivak Law Firm routinely handles PFA and ICC hearings. To schedule a free consultation, call us at (412) 344-4900 or toll free at (800) 545-9390.

Helping People Expunge Criminal Records

Posted on July 24 2020 by Todd Spivak and Rebecca Canterbury

People with criminal records face major barriers to employment, housing and education.

Perhaps surprisingly, more than 90 percent of people eligible for criminal-record expungements don’t even apply, according to researchers.

Most people don’t know they can get an expungement, or don’t know how to do it, and don’t have lawyers to advise them.

The process can be long and complicated, requiring visits to courthouses. The fees and costs are a barrier for people in poverty.

At Spivak Law Firm, we help people expunge their criminal records so they can move on with their lives.

For a free consultation, call us today at (412) 344-4900 or toll free at (800) 545-9390.

PFA and Domestic Abuse Amid Coronavirus

Posted on May 19 2020 by Todd Spivak and Rebecca Canterbury

“Mass shootings garner attention and frighten the public much more than episodes of domestic violence,” according to a recent article in The New York Times. “But domestic violence has a much higher death toll in the United States.”

Each year, some 900 women in the United States are murdered by their current or former intimate partners.

That single-year tally is more than nine times the number of people killed in jihadist attacks on American soil in the past decade.

At their most basic level, both mass terrorism and intimate terrorism of domestic violence are attempts to provoke fear and assert control. Many experts have expressed concern about the rise of domestic violence incidents during stay-at-home orders related to the coronavirus pandemic.

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

PFA Courts Remain Open During COVID-19

Posted on April 30 2020 by Todd Spivak and Rebecca Canterbury

Although courts across Pennsylvania have largely closed due to the coronavirus crisis, Protection From Abuse cases are still occurring due to the emergency nature of a PFA.

Spivak Law Firm is continuing to accept PFA clients and provide strong representation at PFA hearings.

A PFA is a restraining order that prevents all contact when there are allegations of:

Physical violence
Sexual violence
Threats of violence
Harassment
Stalking

A PFA is a powerful tool that can instantly evict you from your home, restrict you from your children, result in termination from your employment and even land you in jail.

Spivak Law Firm provides strong, compassionate representation in all PFA matters. For a free phone consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

PFA Affects Coaches And Volunteers

Posted on February 28 2020 by Todd Spivak and Rebecca Canterbury

If you coach youth sports, a Protection From Abuse (PFA) order could threaten your ability to volunteer your time with children and damage your reputation in the community.

Judges routinely grant requests for Temporary PFA Orders by people alleging abuse. In many Pennsylvania counties, judges grant more than 90 percent of PFA requests.

A PFA can restrict you from your home and your kids, as well as threaten your employment and even your liberty if you are accused of violating the Order.

Additionally, a PFA can appear on a mandatory background check that may bar you from coaching children – even if the accusations contained in the PFA have nothing to do with children.

Spivak Law Firm aims to help people in Pittsburgh and nearby counties to get the PFA dismissed. We have effectively represented many people who require a clean background check, including: coaches, teachers, police officers, nurses and childcare workers.

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

Expungement Reduces Recidivism

Posted on February 24 2020 by Todd Spivak and Rebecca Canterbury

New laws allowing people to erase or at least hide their criminal records from public view are hugely beneficial.

People who gets their criminal records expunged, on average, see their wages increased by more than 20 percent within a year, according to the first major empirical study of expungement laws.

Additionally, people with expunged records break the law again at very low rates.

Expungement is a powerful tool for improving outcomes for people with criminal records, without risk to public safety.

Spivak Law Firm helps people expunge their criminal records so they can move on with their lives. For more information, call us at (412) 344-4900 or toll free at (800) 545-9390.

PFA And Guns: Law Requires Police Involvement

Posted on January 22 2020 by Todd Spivak and Rebecca Canterbury

Pennsylvania has adopted tougher rules for guns in domestic-abuse cases.

A new law requires that people subjected to a Final Protection From Abuse (PFA) order must turn over their guns to police.

PFA defendants will not longer be able to merely let a family member or friend take possession of the firearms.

For years, Pennsylvania’s “third-party safekeeping” provision allowed PFA defendants to choose a person to hold onto their guns. Police would run a criminal-background check to ensure the person was permitted to possess firearms.

During legislative hearings, the Pennsylvania Sheriffs’ Association expressed concerns about the cost of storing guns.

Spivak Law Firm provides strong, aggressive representation at PFA hearings and all criminal domestic-violence hearings. We routinely handle PFAs and PFA violations, as well as criminal cases alleging simple assault, harassment, stalking, reckless endangerment, and terroristic threats.

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

5 DUI Tips In Pennsylvania

Posted on December 24 2019 by Todd Spivak and Rebecca Canterbury

If you are stopped for driving under the influence (DUI) of alcohol, illegal drugs, or controlled substances, protect your legal rights by following these five tips:

Treat the Officer with Courtesy and Respect: Behaving badly when you’ve been stopped can only make your case worse.
Answer Questions Directly Without Volunteering Additional Information: Do not hurt your case by giving information to the officer that could later be used against you.
Politely Decline Any Field Sobriety Tests: Field sobriety tests are not mandatory in Pennsylvania.
Allow the Police to Administer Breathalyzer or Blood Test: If you decline to take one of these tests, your driver’s license may be suspended automatically for one year, even if you are not criminally convicted.
Call a DUI Lawyer: Having an experienced lawyer on your side can help your case.

Spivak Law Firm strongly defends people arrested for DUI. If you face DUI charges, call us at (412) 344-4900 or toll free at (800) 545-9390.

PFA Orders Restrict Child Custody Rights

Posted on December 24 2019 by Todd Spivak and Rebecca Canterbury

Q: I was served with a PFA. Can I see my kids?

A: Please review the PFA order closely. There is a section in the PFA that addresses your child custody rights while the order remains active.

In many cases, the order states that the defendant shall have no contact with their minor children until the PFA is resolved. This may occur even if the allegations of abuse do not involve the children.

In other cases, the PFA order will allow contact with the children on a limited basis, including by phone or in person if arranged by a third party.

You must follow the PFA order. If you are accused of violating the PFA even by having non-threatening contact, you may face arrest and criminal charges.

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

PFA Prohibits Even Friendly Contact

Posted on December 16 2019 by Todd Spivak and Rebecca Canterbury

A Protection From Abuse (PFA) Order is granted based on allegations of abusive contact. This includes physical abuse, sexual abuse, threats of abuse, harassment, and stalking.

Once a PFA Order becomes effective, it prohibits all contact with the alleged victim.

Even non-abusive contact is strictly forbidden.

People are commonly arrested for violating PFAs by simply texting them a message that is well-intended and non-threatening.

But even a non-threatening, technical violation of a PFA may result in your arrest.

Spivak Law Firm provides strong, compassionate, cost-effective representation at PFA hearings in Pittsburgh and all surrounding counties, including: Allegheny, Beaver, Butler, Cambria, Crawford, Fayette, Indiana, Lawrence, Mercer, Washington and Westmoreland.

If you have been served with a PFA or face criminal charges for violating a PFA, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.