Family Law

PFA Hearings: What Is Evidence?

Posted on June 28 2019 by Todd Spivak and Rebecca Canterbury

At Final PFA hearings, both the accuser and the alleged perpetrator of abuse have the right to introduce evidence to prove their cases.

Evidence at Final PFA hearings commonly includes:

-Photographs of injuries and damaged property

-Medical records of injuries

-Mental health records reflecting treatment

-Texts and emails of threatening or harassing behavior

-Social-media postings on Facebook and Instagram of threatening or harassing behavior

-Eyewitness accounts

-Character witnesses seeking to bolster credibility

Spivak Law Firm provides strong, aggressive representation at PFA hearings in Pittsburgh and all surrounding counties, including: Allegheny, Beaver, Butler, Fayette, Indiana, Mercer, Washington, and Westmoreland.

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

Domestic Violence and Brain Injuries

Posted on June 28 2019 by Todd Spivak and Rebecca Canterbury

When it comes to long-term brain trauma, sports-induced injuries monopolize the conversation, while injuries suffered by victims of domestic abuse fall to the wayside. But Dr. Robert Cantu, an expert on football-related injuries, has revealed that many survivors of domestic violence could suffer from the same traumatic brain injuries as professional sports players.

“Experts believe many cases go undetected and untreated in abused women, making them vulnerable to problems with thinking, mood and behavior,” according to The Associated Press.

The article notes that “repeated blows [to the head] have been linked with a degenerative brain disease called chronic traumatic encephalopathy … linked with memory loss, confusion, mood changes, and eventually dementia.” Dr. Robert Cantu added: “There are many women who have been abused enough that some of them probably have CTE.”

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

Enforcing Divorce Agreements

Posted on June 12 2019 by Todd Spivak and Rebecca Canterbury

You may avoid mediation, court hearings, and costly attorney fees by simply negotiating a Marriage Settlement Agreement with your ex.

At the time you finalize the divorce, you may ask the court to merge the Agreement into the final divorce decree. The Agreement becomes a contract between you and your ex. If your ex violates its terms, you may remedy the violation by seeking damages.

Keep in mind that it is easier to address violations of the Agreement if it has been incorporated into the final decree. When incorporated, it becomes an official court order that may be enforced through contempt powers of the court.

Spivak Law Firm routinely handles divorce, equitable distribution, and drafting Marriage Settlement Agreements. Call us at (412) 344-4900 or toll free at (800) 545-9390.

Child Custody Tips For Memorial Day Weekend

Posted on May 24 2019 by Todd Spivak and Rebecca Canterbury

While holidays offer parents an opportunity for quality time with their children, they also often involve issues such as fitting a vacation around the other parent’s schedule and giving up some time for the other’s sake.

Here are some valuable tips to help you have a great holiday:

Stick to the plan: If you agreed to a parenting or custody plan, you should try to stick to it as much as possible.
Plan ahead: Avoid misunderstandings and disagreements about who has the kids by discussing it with your ex in advance.
Maintain contact: Regardless of whether your child is with you or the other parent, it is vital for the child to stay connected with the parent who is not present.

Spivak Law Firm handles all areas of family law, including: divorce, child custody, child support, and PFA hearings.

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

Spotting Signs of Abuse

Posted on May 24 2019 by Todd Spivak and Rebecca Canterbury

Being able to tell the difference between a healthy relationship and an abusive relationship can be difficult.

You may be in an abusive relationship if your partner:

Exhibits an explosive temper
Inflicts physical pain in any way
Belittles you or puts you down
Checks your cell phones, emails or social networks without permission
Demonstrates extreme jealousy or insecurity

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.

Child Custody For Grandparents

Posted on May 13 2019 by Todd Spivak and Rebecca Canterbury

The Supreme Court of Pennsylvania recently limited the rights of grandparents to pursue custody of their grandchildren.

Prior to the Court’s decision, grandparents had standing to pursue partial physical or supervised custody if: (a) the parents of the children were separated for a period of at least six months or (b) the parents commenced divorce proceedings.

But the Court struck the parental separation provision from the statute, as it violates parents’ rights under the Due Process Clause. Now a grandparent’s rights to pursue custody could be complicated if the parents of the children never married.

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

Child Custody Schedules

Posted on April 28 2019 by Todd Spivak and Rebecca Canterbury

If you and your ex have a child custody order but follow a completely different schedule, you should consider updating your order.

For instance, your order stipulates that you have your children every other weekend, but you and your ex actually share custody of the children on a week on/week off arrangement.

You may think there is no need to update your current order, since you and your ex are following a schedule without issue. But if conflict arises, your ex could revert back to the custody order and withhold the children from you.

Based in Pittsburgh, Spivak Law Firm handles all areas of family law, including: divorce, child custody, child support, spousal support, equitable distribution, and Protection From Abuse (PFA). To speak with an experienced child custody attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

PFA: Financial Abuse

Posted on April 28 2019 by Todd Spivak and Rebecca Canterbury

In many domestic violence cases, financial abuse is what keeps a woman trapped in the abusive relationship. Even if these women are able to leave the relationship, their finances may remain in jeopardy.

A new startup company, FreeFrom, pilots entrepreneurship programs for domestic violence survivors. Many of the women enrolled in the program come in with small-business ideas and the organization helps identify what these women are good at and how they can turn it into an opportunity.

By helping survivors start businesses, they can earn their own incomes and achieve financial stability independent of a partner. Program participants can meet with FreeFrom’s team once a week for up to 90 minutes and the free service runs for a six-month period.

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.

In The News: Spivak Law Firm

Posted on April 16 2019 by Todd Spivak and Rebecca Canterbury

The Pittsburgh Post-Gazette has once again featured Spivak Law Firm on issues involving family law and criminal defense.

The P-G recently published Attorneys Need More Protection, written by attorney Todd Spivak, a two-time nominee of The Pulitzer Prize who focuses his practice on child custody and domestic abuse.

The Post-Gazette routinely features Spivak Law Firm, publishing several articles regarding child custody, Protection From Abuse (PFA), and criminal-record expungement laws in Pennsylvania.

In Attorneys Need More Protection, Attorney Spivak discusses the Constitutional basis for vigorously defending people accused of committing heinous crimes.

In Clean The Slate In Pennsylvania, Attorney Spivak and Attorney Rebecca Canterbury critique a new Pennsylvania law that for the first time seals criminal information from public view for people convicted of second- and third-degree misdemeanors.

In Impoverished Parents Deserve Their Day In Court, Attorney Canterbury reveals how exorbitant filing fees in Allegheny County prevent low-income parents from asserting their child-custody rights.

In Crack Down on Domestic Violence in Allegheny County, Attorney Spivak recommends that only specialized judges with extensive domestic-violence training oversee PFA hearings.

In Improve Pennsylvania’s Domestic-Abuse Law, Attorney Spivak exposes the issue of bogus PFA orders and recommends ways to curb abuses in the system.

In Child Custody for Rapists, Attorney Spivak explains how sexual predators use family court to harass and intimidate their victims.

Spivak Law Firm provides strong, compassionate, cost-effective representation in all family law and criminal defense matters. To schedule a consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Pittsburgh Media Features Attorney Todd Spivak

Posted on April 16 2019 by Todd Spivak and Rebecca Canterbury

Attorney Todd Spivak, owner of Spivak Law Firm, recently published an article in the Pittsburgh Post-Gazette about the importance of vigorously defending people accused of committing heinous crimes.

Attorney Spivak, a two-time Pulitzer Prize nominee, practices family law and criminal defense with a special focus on child custody and domestic-violence defense. His article discusses the challenges of handling high-conflict emotional cases involving people with mental illness, substance abuse, and histories of violent behavior.

Spivak Law Firm has represented hundreds of people in Pittsburgh and surrounding counties, including: Allegheny, Armstrong, Beaver, Butler, Fayette, Greene, Lawrence, Indiana, Mercer, Washington, and Westmoreland. Call us today at (412) 344-4900 or toll free at (800) 545-9390.