Family Law

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.

Child Support in Pennsylvania

Posted on September 5 2017 by Todd Spivak and Rebecca Canterbury

Q: How long do child support payments continue?

A: Child support payments continue until a child turns 18 or graduates from high school, whichever occurs later. Child support may be owed for an even longer period of time for a disabled child.

In Pennsylvania, judges apply the Child Support Guidelines to determine the amount of support payable for each child. This decision is made based on several factors, including number of children and monthly after-tax incomes of the child’s parents.

Spivak Law Firm offers strong, compassionate representation in all family law matters, including child support. We help families determine the amount of child support owed and represent clients in child support enforcement actions.

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

Child Custody: Corporal Punishment

Posted on August 28 2017 by Todd Spivak and Rebecca Canterbury

In child custody litigation, parents are under a microscope. But the court isn’t the only one watching you closely. Your ex is paying close attention too. Your ex may be willing to tell the court anything that brings your integrity as a parent into question, especially the use of corporal punishment.

Although Pennsylvania permits the use of corporal punishment, the standard for deciding custody cases is “the best interests of the child,” which includes the child’s physical and emotional health. Accusations of excessive or extreme corporal punishment are given weight.

In cases where the scales weigh equally in favor of each parent, excessive corporal punishment may tip the scales out of your favor. If you are engaged in a child custody dispute, you should avoid using corporal punishment.

Sending your child back to the other parent with a mark caused by spanking could have disastrous results on your child custody case.

To speak with an experienced child custody lawyer, 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.

Child Custody: Relocation

Posted on August 14 2017 by Todd Spivak and Rebecca Canterbury

When parents of minor children separate or divorce, their ability to relocate to a new residence may be restricted.

Parents must either get the other parent’s approval or obtain permission from the court in order to relocate.

The judge considers many factors when making the decision on whether to grant the relocation request, including the child’s preference, the age of the child, and the reason for moving. Ultimately, the parent who wants to move must convince the judge that moving will be in the child’s best interest.

Spivak Law Firm provides strong, compassionate representation in child custody cases. We handle all child-custody matters, including trials, drafting agreements, and relocation hearings. Call us at (412) 344-4900 or toll free at (800) 545-9390.

Shared Custody for Working Parents

Posted on July 17 2017 by Todd Spivak and Rebecca Canterbury

In many families, the Dad is the breadwinner and the Mom stays home with the children. But if they separate or divorce, each parent still may be entitled to equal time with the children.

The distance between parents’ residences is a key consideration for deciding whether a shared custody schedule is appropriate. Living in the same school district will increase your chance of winning shared custody.

Spivak Law Firm handles all child custody matters. We negotiate and draft custody agreements, litigate custody relocation hearings and trials, and work closely with clients to develop legal strategies to achieve their goals. We provide strong, compassionate, cost-effective representation.

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

Funding For Abuse Victims

Posted on July 11 2017 by Todd Spivak and Rebecca Canterbury

In domestic-violence cases, research demonstrates that legal-aid services for women reduce the likelihood they will experience domestic violence in the future.

Unfortunately, President Trump’s proposed budget severely cuts departments that fund programs supporting domestic-violence victims. Additionally, the budget proposes to eliminate the Legal Services Corporation, which provides legal aid to domestic-abuse victims who are married to U.S. citizens or lawful permanent residents.

Child Custody and Step-Parents

Posted on July 10 2017 by Todd Spivak and Rebecca Canterbury

Moving forward as a family after divorce or separation can be more difficult when step-parents are involved. To avoid conflict between your ex-spouse and the step-parent of your children, consider the following three tips:

Talk to the children together as a family, assuring them that their step-parent is not a replacement, but another person to care for them.
Set boundaries ahead of time, and discuss the role step-parents will play in the lives of the children.
Work together as a cohesive family unit; do not argue over the role of the step-parent in front of the children.

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

PFA and Guns

Posted on July 10 2017 by Todd Spivak and Rebecca Canterbury

A Protection from Abuse Order (PFA) temporarily restricts you from possessing guns, even if the incident that gave rise to the PFA did not involve a gun.

A PFA issued after a final hearing will restrict your use of a gun for up to three years. If you are an avid hunter or a law enforcement official who depends on the use of guns for your livelihood, firearm restrictions may wreak havoc on your life.

Spivak Law Firm has assisted many law enforcement officers whose livelihoods depend on their ability to carry weapons.

Spivak Law Firm provides strong, aggressive defense at PFA hearings. For a free consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.