PFA Orders

Assault in Pennsylvania

Posted on October 2 2017 by Todd Spivak and Rebecca Canterbury

Q: Can I be convicted of assault even if I never laid a finger on anyone?

A: Yes.

Under Pennsylvania Law, assault consists of intentionally or knowingly causing physical harm to another person or attempting to do so, which puts the other person in fear of immediate bodily harm. Thus, you do not need to physically hit another person to be charged with assault.

Simple assault is a misdemeanor charge that may result in incarceration. Aggravated assault, which involves use of a deadly weapon or results in permanent bodily injury, is a felony charge that carries stiffer penalties.

At Spivak Law Firm, we strongly defend people charged with committing violent crimes such as assault. To have an experienced attorney review your case, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Protect Against Online Harassment

Posted on September 25 2017 by Todd Spivak and Rebecca Canterbury

Have you ever felt that your partner’s online behavior is out of control? Do they send constant messages that leave you feeling on-edge, use location features to track where you are, or demand to have access to your phone?

Here are some tips to protect yourself against online domestic abuse:

Use strong, unique passwords to keep your accounts from being hacked.
Use two-step verification to make your accounts more secure.
Back up your data to secure and collect evidence of harassment.
Browse the web privately so your partner cannot track your Internet history.

Spivak Law Firm handles all areas of family law with a special focus on domestic violence and Protection From Abuse (PFA). Call us at (412) 344-4900 or toll free at (800) 545-9390.

Protect Kids From Trauma

Posted on September 19 2017 by Todd Spivak and Rebecca Canterbury

Researchers have found that exposure to psychological abuse between parents is associated with more damage to the wellbeing of children as they get older than physical domestic abuse.

Social support has been found to be vital for recovery from traumatic events in childhood. However, this research reveals that exposure to high levels of psychological domestic abuse may be associated with a decrease in young people’s satisfaction with the social support they receive.

Spivak Law Firm handles all family law matters, including: divorce, child custody, child support, Protection From Abuse (PFA), and Children Youth and Families (CYF). To schedule a consultation with an experienced family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Parental Alienation Hurts Kids

Posted on September 13 2017 by Todd Spivak and Rebecca Canterbury

Are you worried about losing custody of your children?

Does your ex put you down to your children?

Do you believe your ex’s behavior has alienated you from your children?

In Pennsylvania, courts frequently award shared custody of the children so they can enjoy equal time with parents. If you feel alienated from your children, you should meet with an experienced child-custody lawyer to discuss your options for gaining more time with them.

Spivak Law Firm handles all areas of family law with a focus on high-conflict child custody and domestic abuse. To schedule a consultation with an experienced family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Child Custody: Recording Kids

Posted on September 12 2017 by Todd Spivak and Rebecca Canterbury

Desperate parents may resort to filming or recording their children in an attempt to gain leverage in child-custody battles.

However, these tactics can backfire, leaving children distressed and causing judges to question the parents’ judgment and ability to act in their children’s best interests. Many parents fail to realize how harmful this recording behavior can be or how negatively it can impact their case.

Spivak Law Firm offers strong, compassionate representation in child-custody matters while aiming to protect children in the process. To schedule an appointment with an experienced family-law attorney, call us at (412)-344-4900 or toll free at (800) 545-9390.

Falsely Accused of Abuse?

Posted on September 12 2017 by Todd Spivak and Rebecca Canterbury

Because courts overwhelmingly grant Protection From Abuse (PFA) orders, the system itself is frequently abused by people seeking leverage in divorce and child-custody actions.

In Pittsburgh and all surrounding countries, judges grant more than 90% of all petitions for a temporary PFA Order, which can immediately evict you from your home, restrict you from your kids, and subject you to arrest.

At Spivak Law Firm, we aggressively defend people accused of abuse at PFA and criminal domestic violence hearings. We handle all areas of family law and criminal defense. If you have been accused of domestic violence, call us at (412) 344-4900 or toll free at (800) 545-9390.

PFAs and Gun Rights

Posted on September 8 2017 by Todd Spivak and Rebecca Canterbury

In Pennsylvania, Protection From Abuse (PFA) defendants are frequently ordered to relinquish their firearms. If the defendant has to surrender the guns, they can be held for safekeeping by a third party like a family member or friend who passes a criminal background check by police.

Spivak Law Firm advocates for PFA defendants to protect their Second Amendment right to gun possession and ownership. We have effectively represented many people whose careers were at risk due to a PFA, including: police officers, homeland security officers, nurses, teachers, firearms dealers, and military personnel.

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

Avoid Conflict in Divorce

Posted on September 7 2017 by Todd Spivak and Rebecca Canterbury

The decision to divorce does not end the hurt feelings and conflict between spouses. The animosity often spills over into the divorce process and can affect your ability to parent effectively. But allowing conflict to take charge of your divorce can prove costly.

One of the best ways to keep legal fees to a minimum is by cooperating with your ex-spouse, if possible. This does not mean giving in to every demand, but to simply make an effort to forgive and remain civil with one another. You and your ex-spouse may benefit from attending co-parenting classes together or even seeing a counselor, which may limit your emotional and financial stress.

Spivak Law Firm handles all family law matters, including: divorce, child custody, child support, spousal support, and PFAs. To schedule a consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

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 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.