Spivak Law Firm

Based in Pittsburgh, PA

412-344-4900

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PFA Orders

Child Custody and Criminal Charges

Posted on December 17 2024 by Todd Spivak and Rebecca Canterbury

Don’t let criminal charges or a PFA Order stand in the way of filing for child custody.

Spivak Law Firm is one of the few law firms in Pittsburgh handling both family law and criminal defense matters.

Many of our clients face PFA actions or criminal charges such as assault or harassment.

Some even face criminal charges involving children, including: child abuse or endangering the welfare of a child.

The process for obtaining a child custody order can take up to a year or longer. We recommend against further delaying matters by waiting until your criminal charge is resolved.

In many cases, we are able to obtain custody orders while criminal charges are pending.

Spivak Law Firm provides strong, compassionate, cost-effective representation in all family law and criminal defense matters. Call us today at (412) 344-4900 or (800) 545-9390.

Avoid the Stigma of a Final PFA Order

Posted on September 9 2024 by Todd Spivak and Rebecca Canterbury

A Final Protection From Abuse (PFA) Order is an indicator of abusive behavior that may remain on your record for life.

One of the main reasons to hire a PFA lawyer is to attempt to avoid the long-term stigma and negative consequences of a Final PFA Order.

A PFA can evict you from your home, restrict you from your kids, prohibit you from owning firearms, get you terminated from your job.

Spivak Law Firm has helped hundreds of people get the PFA dropped. We provide strong defense at PFA hearings.

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

PFA Orders and Supervised Custody

Posted on May 19 2024 by Todd Spivak and Rebecca Canterbury

Protection From Abuse (PFA) Orders commonly restrict parents from their children.

In some cases, while a PFA remains active, a parent may go several months only getting to see their children for short visits in public places while supervised by a third party.

Meanwhile, police detectives, caseworkers, and forensic specialists may be called upon to investigate allegations of maltreatment against the children.

While it may feel demeaning and unnecessary to have your custody visits supervised, Spivak Law Firm frequently encourages parents to exercise visits to maintain relationships with the children.

The purpose of the supervisor is to ensure the children’s safety. A supervisor also safeguards the parent from false allegations of abuse.

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

Spivak Law Firm Offers Many Clients Flat Fees

Posted on June 21 2022 by Todd Spivak and Rebecca Canterbury

Flat fees are one-time charges for legal services. Unlike retainers, flat fees provide clients certainty for how much their total legal fees will cost.

Flat fees are generally offered if a client seeks legal representation at a court hearing or for drafting legal documents. Flat fees may even include filing fees and travel costs related to the case.

At Spivak Law Firm, many of our clients appreciate that we offer flat fees so they know upfront how much they will need to pay for our representation.

We offer flat fees for many types of cases, including:

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

Three Types of PFA Orders

Posted on November 10 2021 by Todd Spivak and Rebecca Canterbury

There are three types of PFA orders in Pennsylvania.

PFA stands for Protection From Abuse.

A PFA is a restraining order that prohibits the alleged abuser from having any contact with the alleged victim.

Under Pennsylvania law, abuse is defined broadly. It includes physical violence, sexual violence, threats of violence, harassment, and stalking.

A person seeking protection from a family member or current or former sexual partner may obtain one of the following three types of PFA orders.

First, an Emergency PFA will last through a weekend or holiday when courts are generally closed. It expires automatically.

Second, a Temporary PFA triggers a hearing date that is supposed to occur within ten days. In Allegheny County and other counties surrounding Pittsburgh, courts grant more than 90 percent of requests for a Temporary PFA.

Third, a Final PFA may be obtained by consent, failing to appear, or after a hearing before a judge. A Final PFA may remain in place for up to three years.

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

Despite Harms, Parents Continue to Spank Kids

Posted on November 1 2021 by Todd Spivak and Rebecca Canterbury

Parents should not use physical punishment on their kids, according to the American Academy of Pediatrics.

A growing body of research demonstrates that physical punishment is actually harmful to children.

Spanking and other forms of severe discipline – such as verbally berating or humiliating a child – have been repeatedly linked to behavioral, emotional, psychological, and academic problems.

But spanking is still prevalent in American families and legal in all states.

About two-thirds of Americans agreed that “a good, hard spanking” is sometimes necessary to discipline a child, according to a recent national survey.

Spivak Law Firm handles family law and criminal defense with a special focus on child custody and Protection From Abuse (PFA). To schedule a consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

What is an Emergency PFA?

Posted on October 28 2021 by Todd Spivak and Rebecca Canterbury

A person seeking protection from an abuser may obtain an Emergency PFA even when courts are generally closed.

In Allegheny County, local magistrates and a night court judge are available to grant Emergency PFAs at any time, including: on weekends, during holidays, and late at night.

An Emergency PFA expires when courts resume their regular business hours. Therefore, an Emergency PFA granted on Saturday night will generally expire the following Monday.

A person who obtains an Emergency PFA will often return to Court during regular business hours to request a Temporary PFA, which will trigger a hearing date so a judge may determine whether a Final PFA is warranted.

A Final PFA can last up to three years.

The person accused of abuse does not receive any notice or opportunity to defend against the Emergency PFA or Temporary PFA.

Defendants are given the opportunity to challenge the abuse accusations at the Final PFA hearing before a judge.

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

Divorce: Fleeing an Abusive Spouse

Posted on October 28 2021 by Todd Spivak and Rebecca Canterbury

There are many forms of spousal abuse: mental, emotional, physical, and sexual.

If you are the victim of spousal abuse, there are actions you can take to protect yourself.

You may file a criminal complaint with your local police department and seek to press charges if you are the victims of physical or sexual abuse. Domestic abuse charges commonly include: assault, harassment, stalking, reckless endangerment, and terroristic threats.

You may also consider filing for a Protection From Abuse (PFA) order to prohibit all contact and even have the abuser evicted from the marital residence. A PFA may be obtained on grounds of physical violence, sexual violence, harassment, or stalking.

If you are suffering mental or emotional abuse, you may request a hearing for exclusive possession of the marital residence, which would enable you to stay in your home during the divorce process and prohibit your abuser from the premises.

If you need immediate shelter from an abusive partner, there are many resources available to assist you.

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

Temporary PFA v. Final PFA

Posted on August 31 2021 by Todd Spivak and Rebecca Canterbury

If you are served with a Temporary PFA, a hearing will be scheduled within 10 days.

At the hearing, a judge will hear testimony and review evidence to determine if a Final PFA is warranted.

Most requests for a Temporary PFA are granted. No judge wants to deny a person’s request for protection then find out later that the person seeking help was seriously harmed.

The chances of obtaining a Final PFA are significantly lower, especially if you have an experienced PFA defense attorney.

The Final PFA represents the first time in the process that the defendant can push back on the abuse allegations.

The defendant can testify, cross-examine the accuser, call witnesses to the stand, and provide documentary evidence for the court to review.

Spivak Law Firm provides strong representation at PFA hearings in Pittsburgh and all surrounding counties, including: Allegheny, Armstrong, Crawford, Beaver, Buter, Fayette, Greene, Indiana, Lawrence, Mercer, Somerset. Venango, Washington and Westmoreland.

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

Final PFA: A Life-Long Record of Abuse

Posted on July 14 2021 by Todd Spivak and Rebecca Canterbury

Many people who are served with a Temporary Protection From Abuse (PFA) Order make the mistake of not taking it seriously.

They might not hire an attorney. This is mistake because the alleged victim will almost certainly have an experienced trial lawyer. Pittsburgh and all surrounding counties have local nonprofit organizations that provide free lawyers for people alleging abuse.

Some defendants do not even show up to court for the Final PFA hearing. This is a mistake because failing to appear for the hearing will usually result in a maximum three-year Final PFA against you.

All defendants should have an experienced PFA attorney evaluate their case even if they no longer want to have contact with the person alleging abuse.

A Final PFA creates a permanent record of abusive behavior.

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