Family Law

PFA Defendants Must Hire An Attorney

Posted on June 19 2015 by Todd Spivak and Rebecca Canterbury

Q: Will a public defender represent me at my Protection From Abuse (PFA) hearing?

A: No.

People accused of abuse often make the terrible mistake of appearing in PFA Court without a lawyer to defend them. Many think that a public defender – a “free” lawyer – will be appointed to represent them.

But a public defender is available to low-income people in criminal matters only. A PFA is not a criminal matter. A PFA hearing takes place in family court not criminal court.

A PFA is a civil restraining order that restricts an “abuser” from having any contact with the “victim.” A PFA only becomes a criminal matter if the “abuser” violates the PFA Order.

If you’ve been served with a PFA, you need an attorney experienced in family law and criminal defense to represent you. At Spivak Law Firm, we’ve helped hundreds of people get the PFA dismissed while preserving their child-custody rights and protecting their reputations.

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

How To Get A PFA Restraining Order

Posted on June 15 2015 by Todd Spivak and Rebecca Canterbury

The process for securing a Protection From Abuse (PFA) Order in most Pennsylvania counties starts by filing a paper called a petition at your local county courthouse. In the petition, you tell the court why you feel you need protection. The petition describes the abuse you have suffered and the protection you want from the court. The courthouse has people who must help you fill out the petition.

After you complete your PFA petition, the court will read it and may ask you questions. The alleged abuser is not present during this proceeding.

The judge will likely grant you a Temporary PFA and set a final hearing date within 10 business days. The defendant will get a copy of your petition. At the Final PFA hearing, you may be required to testify about the things you wrote in your petition. A Final PFA Order can last up to three years.

Spivak Law Firm provides strong, aggressive representation for plaintiffs and defendants at PFA hearings in Pittsburgh and all nearby counties, including: Allegheny County, Beaver County, Butler County, Fayette County, Indiana County, Washington County, and Westmoreland County.

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

Spanking Kids Yields Negative Results

Posted on June 14 2015 by Todd Spivak and Rebecca Canterbury

Although some 80 percent of American parents spank their kids, the use of corporal punishment as a method of behavior modification is not supported by the American Academy of Child and Adolescent Psychiatry.

Extensive research demonstrates that although corporal punishment may have a high rate of immediate behavior modification, it is ineffective over time, and is associated with increased aggression and decreased moral internalization of appropriate behavior. Additional negative outcomes associated with corporal punishment are:

Increased risk for physical abuse
Learning that aggression is an acceptable method of problem solving
Experiencing physical and emotional pain, which decreases learning capacity
Being less likely to learn why a certain behavior or action was wrong
Behaving out of fear in the future

Alternatively, parenting programs recommend appropriate limit setting and use of praise to increase positive behaviors, decreasing hostile or coercive family interactions, and enhanced problem solving. These techniques tend to improve the parent-child relationship and decrease the need or utility of corporal punishment.

Spivak Law Firm handles all family law matters with a focus on child custody. Call us at (412) 344-4900 or toll free at (800) 545-9390.

What To Write On Your PFA Petition

Posted on June 10 2015 by Todd Spivak and Rebecca Canterbury

Applying for a Protection From Abuse (PFA) Order can be a confusing and even scary process. The PFA Act says that you must prove to the court that you have been abused, as described in the categories below. Abuse can take many forms, including economic, emotional, and psychological, and you can write about those, too.

Note: The defendant will receive a copy of the petition. It will also be available as a public record at your county courthouse.

In your PFA petition, you can describe any of the following, if they happened to you:

“Acts that cause bodily injury or serious bodily injury and/or sexual offenses.” These include hitting, punching, slapping, pushing, strangling, chocking, forcing sex or attempting to do any of these things.

“Putting another person in reasonable fear of imminent serious bodily injury.” This refers to making threats to harm or kill you, your family, your children, or your pets.

“False imprisonment.” This includes restraining your movement or holding you down.

“Physical or sexual abuse of minor children.” This includes corporal punishment or spanking that leaves marks or requires medical attention.

“A course of conduct or repeatedly committing acts toward another that put the person in reasonable fear of bodily injury.” This includes sending threatening emails, following you, repeatedly calling you on the phone, and showing up at your residence, workplace, or school.

Spivak Law Firm provides strong, compassionate representation for plaintiffs and defendants at PFA hearings in Pittsburgh and all nearby counties, including: Allegheny County, Beaver County, Butler County, Fayette County, Indiana 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.

What To Expect At Child Custody Mediation

Posted on May 31 2015 by Todd Spivak and Rebecca Canterbury

In Allegheny County, any parent who files for child custody must participate in the Generations program, a two-part alternative dispute resolution program administered by the Child Custody Department. Step one is an education seminar. Step two is a mediation session.

Below is information on the Generations mediation session:

The mediation is a opportunity for parties to negotiate a detailed, workable parenting agreement outlined in an informal agreement called a Memorandum of Understanding. Only the parents are permitted in the mediation session – neither children nor attorneys may attend.
The mediation session is approximately two hours in length.
The mediation session is conducted at the child Custody Department on the first floor of the Family Law Center located in downtown Pittsburgh at 440 Ross Street.
The mediation session is mandatory. If you fail to attend the mediation session, the custody action may be dismissed or you may be held in contempt of court for not following the scheduling order. Failure to appear at a contempt hearing may result in the issuance of a custody order and/or a bench warrant for your arrest.
If you have been the victim of domestic violence, you may complete and file a domestic violence waiver and bring it to the Child Custody Department. You will then receive an order of court canceling the mediation session and scheduling a conciliation session instead.
If you and the other party have agreed to a parenting plan at the completion of your mediation session, you may: complete a Memorandum of Understanding, consult with you attorneys, or have the agreement turned into a legally binding, fully enforceable court order by a domestic relations officer, if available (this option will dispose of the custody action and you will go no further into the court system).
If you do not agree after your mediation session, you can request a conciliation date at the Child Custody Department window or pursue additional mediation sessions privately with your mediator.

Spivak Law Firm provides strong, compassionate, cost-effective representation in all child custody matters. Call us at (412) 344-4900 or toll free at (800) 545-9390.

What To Expect At Child Custody Seminar

Posted on May 31 2015 by Todd Spivak and Rebecca Canterbury

Below is information on the Generations education seminar:

The education seminar is mandatory for all adults in the custody action and all children between the ages of 6 and 15.
The education seminar is approximately three hours in length. It is a parenting education program for adults and an interactive group for children.
Security is provided by the Allegheny County Sheriff’s Department.
The education seminar occurs on the second floor of the Family Law Center located in downtown Pittsburgh at 440 Ross Street.
If you fail to attend the education seminar, the custody action may be dismissed or you may be held in contempt of court for not following the scheduling order. Failure to appear at a contempt hearing may result in the issuance of a custody order and/or a bench warrant for your arrest.
To reschedule your education seminar date, you may contact the Child Custody Department at (412) 350-4311. You must complete the education seminar prior to the mediation session.
There is no childcare available at the education seminar.

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

Understanding Family Partnerships

Posted on May 28 2015 by Todd Spivak and Rebecca Canterbury

The goal of a family partnership is to nurture family relationships even under the difficult circumstances of divorce and separation. Basic family partnership principles include:

Maintain a business-like relationship with the other parent and communicate accordingly
Focus on the needs of your children and the strengths of your relationship with them
Set boundaries and respect the other parent’s boundaries
Protect your children from adult issues
Never allow your children to become your best friends
Do not use your children as messengers
Keep your children out of the middle
Do not make negative comments about the other parent
Never ask your children to take sides
Allow your children to develop their own safe relationship with the other parent, regardless of what you feel about them
Avoid supermom / superdad syndrome of competitive parenting
Avoid conflict in front of your children

Spivak Law Firm provides strong, compassionate, cost-effective representation in all child custody matters. To speak with an experienced family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Stop False Reports To Child Abuse Hotlines

Posted on May 17 2015 by Todd Spivak and Rebecca Canterbury

People 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.

Bring Evidence to Your PFA Hearing

Posted on May 11 2015 by Todd Spivak and Rebecca Canterbury

In your Protection From Abuse (PFA) petition, write clearly and in detail what happened and when it happened. Focus your statements on how you were physically abused or threatened and whether you are afraid you will be abused or threatened again.

If you have any photos of injuries or property damage caused by your abuser, text messages or emails, or ripped clothing that show how the abuser threatened, abused, or harassed you, don’t forget to bring them to the final PFA hearing.

Because of the “he-said, she-said” nature of domestic violence, it is important to bring documentary evidence when such evidence is available.

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

Is Stalking A Crime In Pennsylvania?

Posted on April 26 2015 by Todd Spivak and Rebecca Canterbury

Stalking 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.