Criminal Defense

What If A Person Lies To Get A PFA?

Posted on February 3 2019 by Todd Spivak and Rebecca Canterbury

At Spivak Law Firm, we provide strong, aggressive defense at Protection From Abuse (PFA) hearings in Pittsburgh and all surrounding counties, including: Allegheny, Beaver, Butler, Fayette, Indiana, Mercer, Washington, and Westmoreland.

Our clients often ask us if the alleged victim will face any consequences for lying or exaggerating to the court in order to obtain the Temporary PFA order.

Unfortunately, in our experience, the answer is: no.

People falsely accused of abuse may file a complaint with the police, but the district attorney’s office is unlikely to prosecute for fear of having a chilling effect on other people seeking protection.

Even in extreme circumstances, district attorney’s offices rarely prosecute plaintiffs who have filed repeated PFA petitions in multiple counties with outrageous, unsubstantiated accusations that are later dismissed.

It is commonly known that some people abuse the PFA system in order to gain leverage in a divorce or child custody action.

At Spivak Law Firm, we handle all family law and criminal defense matters, including: PFA defense, criminal domestic violence defense, divorce, child custody, child support, and criminal record expungements.

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

Arrested For Drunk Driving?

Posted on February 3 2019 by Todd Spivak and Rebecca Canterbury

If you’ve been arrested for drunk driving, an experienced DUI attorney can help by:

Determining whether police had the right to pull you over: If police lacked sufficient evidence to pull you over, then it may be considered an illegal stop rendering evidence inadmissible in court.
Analyzing the chemical testing procedures: Breathalyzers, for instance, can produce inaccurate results if not properly calibrated.
Assessing why you exhibited traits of a drunk driver: For example, your eyes may have been bloodshot due to fatigue or allergies.

Based in Pittsburgh, Spivak Law Firm handles all areas of criminal defense, including: DUI, domestic violence charges such as assault, harassment, and terroristic threats, and all preliminary hearings and summary trials. We also help people to expunge their criminal records so they can move on with their lives.

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

PFA Law: What Is Abuse?

Posted on January 23 2019 by Todd Spivak and Rebecca Canterbury

Under Pennsylvania Law, the term “abuse” is defined broadly when determining whether to grant a Protection From Abuse (PFA) order. It does not merely include physical violence.

There are many forms of alleged “abuse” that could justify a PFA, including:

-Physical violence

-Threats of physical violence

-Sexual violence

-Threats of sexual violence

–Harassment

-Stalking

-False imprisonment

Spivak Law Firm provides strong, aggressive defense at PFA hearings. We routinely take cases in Pittsburgh and all surrounding counties, including: Allegheny County, Beaver County, Butler County, Fayette County, Indiana County, Mercer County, Washington County, and Westmoreland County.

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

PFAs and Firearms

Posted on January 16 2019 by Todd Spivak and Rebecca Canterbury

If you’ve been served with a Temporary PFA or if a Final PFA was entered in your case, you may have just 24 hours to surrender your guns, weapons, ammunition, and firearms license to your local sheriff’s office.

Ignoring a court order to relinquish your guns could result in up to 10 years imprisonment under federal law.

In some cases, PFA defendants could instead give their guns to a friend or family member for safekeeping, so long as the third party signed an Affidavit of Accountability with the sheriff’s office and underwent a criminal background check.

But a new Pennsylvania law prohibits the third-party safekeeping option for gun owners accused of domestic abuse.

Spivak Law Firm advises PFA defendants on how to protect their Second Amendment right to possess firearms. We provide strong, aggressive representation at PFA hearings. For more information, call us at (412) 344-4900 or toll free at (800) 545-9390.

Conceal Your Criminal Record

Posted on January 12 2019 by Todd Spivak and Rebecca Canterbury

Limited access orders are Pennsylvania’s newest form of relief for people seeking to conceal their criminal records from future employers.

The order prevents any non-criminal justice agency from accessing your criminal record.

Under Pennsylvania law, a limited access order will shield from potential employers criminal history record information for people convicted of a second- or third-degree misdemeanor, or an ungraded misdemeanor that carries a maximum penalty of no more than two years, so long as you have been free of arrest or prosecution for a period of 10 years.

At Spivak Law Firm, we help people seal or even erase their criminal records so they can move on with their lives.

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

Underage Drinking and License Suspension

Posted on November 26 2018 by Todd Spivak and Rebecca Canterbury

Underage drinking is a criminal offense in Pennsylvania punishable by up to three months in jail.

The legal age for buying, drinking, possessing or transporting alcohol in Pennsylvania is 21-years-old.

The mere attempt to purchase alcohol may result in a summary offense if you’re underage.

Additionally, the Department of Transportation may suspend the defendant’s driver’s license even if there was no car involved.

A first conviction will result in a 30-day suspension of driving privileges; a second conviction will result in a 1-year suspension; and any additional convictions will result in a 2-year suspension.

For a free consultation with an experienced criminal defense attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

PFA Hearings in Pittsburgh and Nearby Counties

Posted on June 13 2018 by Todd Spivak and Rebecca Canterbury

At Spivak Law Firm, we provide strong, aggressive defense at Protection From Abuse (PFA) hearings.

Based in Pittsburgh, we routinely accept cases in the following counties: Allegheny, Armstrong, Beaver, Butler, Fayette, Indiana, Mercer, Washington, and Westmoreland.

Each county has different local rules and customs for PFA hearings.

For instance, cases in Allegheny County frequently settle without need for a formal hearing. Many of our defendants never go before a judge or even see the inside of a court room.

In more rural counties, virtually all cases go before a judge. There are often fewer alternatives for reaching settlement, thereby resulting in a greater likelihood of trial.

At Spivak Law Firm, we are experienced trial lawyers who aim to protect your liberty, your job, and your child-custody rights. We have successfully represented hundreds of people accused of domestic violence, harassment, stalking, sexual violence, and other forms of abuse.To schedule a free consultation with an experienced PFA lawyer, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Helping Women In Criminal Cases

Posted on June 13 2018 by Todd Spivak and Rebecca Canterbury

Women are more likely to remain incarcerated because they cannot afford bail, according to a recent report.

High pretrial detention rates are a major component of mass incarceration, accounting for 99 percent of jail growth over the last 15 years. Women comprise the fastest rate of growth among incarcerated populations.

Women held in pretrial detention often face long separations from their families resulting in devastating collateral consequences such as loss of child custody and eviction from their homes.

Spivak Law Firm provides strong, compassionate representation in all family-law and criminal-defense matters with a special focus on domestic violence and child custody. Call us at (412) 344-4900 or toll free at (800) 545-9390.

Spivak Law Firm Wins More Awards

Posted on May 26 2018 by Todd Spivak and Rebecca Canterbury

The award-winning Spivak Law Firm received multiple honors this month for providing superior legal services and client satisfaction.

The Pittsburgh-based firm handles all areas of family law and criminal defense with a special focus on Protection from Abuse (PFA) hearings and high-conflict child custody cases.

Our award-winning attorneys have helped hundreds of people accused of physical abuse, harassment, stalking, sexual abuse, child abuse, and other forms of domestic abuse.

In many cases, we get the PFA and related criminal charges dismissed then expunge our client’s records so they can fully move on with their lives.

We handle the following family law cases: divorce, child custody, child support, spousal support, Children Youth and Families (CYF), and Protection From Abuse (PFA).

We routinely defend people criminally charged with: domestic violence, driving under the influence (DUI), simple assault, aggravated assault, harassment, recklessly endangering another person, stalking, disorderly conduct, retail theft and various other misdemeanors and summary offenses.

This month, Attorney Todd Spivak was honored again by American Institute of Family Law Attorneys and designated a Super Lawyer.

Attorney Rebecca Canterbury was named a Top 10 Family Law Attorney by Attorney and Practice Magazine and received a 10.0 rating on the Avvo legal directory, where clients routinely sing her praises as a strong, compassionate advocate who gets results.

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

Served With A Bogus PFA?

Posted on May 21 2018 by Todd Spivak and Rebecca Canterbury

Have you been served with a bogus PFA?

Do the allegations include exaggerations, misrepresentations, or outright lies?

You’re not alone. It is commonly known among family-law judges and attorneys that some people claim they were harassed or physically abused in order to gain leverage in divorce or child custody disputes.

Some people will lie on PFA petitions just to evict you from your home or damage your reputation.

If you’ve been served with a bogus PFA, we strongly recommend calling Spivak Law Firm. We provide strong, aggressive reputation at PFA hearings to preserve your rights and reputation.

Call us for a free consultation at (412) 344-4900 or toll free at (800) 545-9390.