PFA Orders

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.

Domestic Abuse: Immigration

Posted on August 14 2017 by Todd Spivak and Rebecca Canterbury

Since President Trump took office, domestic-abuse victims seeking help have been concerned about their possible deportation.

A recent survey of over 700 advocates and legal service providers found that 62% have observed an increase in immigration-related questions from survivors of violence.

The immigrant community has interpreted President Trump’s rhetoric and reports of increased enforcement to mean all are at risk. This anxiety has translated into behavioral shifts among some of the most vulnerable immigrants, including those trapped in violent situations.

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.

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.

Harassment In Family Court

Posted on June 26 2017 by Todd Spivak and Rebecca Canterbury

Leaving an abusive relationship should put an end to the abuse, but that is frequently not the case when there are children involved. The abusive parent may utilize the child custody courts to harass the victim, even when the abused party has a Protection From Abuse (PFA) order.

The courts often favor shared custody schedules, which are unfortunately ideal for abusers, as this affords them the opportunity to continue controlling the abused spouse through the children.

Because the courts often favor shared custody, it is crucial to speak to an experienced child custody attorney who may develop a workable agreement that keeps parental conflict to a minimum.

Spivak Law Firm’s attorney has extensive experience with child custody cases involving domestic violence. To schedule a consultation call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Stalking: Penalties in Pennsylvania

Posted on June 2 2017 by Todd Spivak and Rebecca Canterbury

Under Pennsylvania law, the crime of stalking occurs when a person places another in reasonable fear of bodily injury or substantial emotional distress by either:

Engaging in a course of conduct or repeatedly committing acts toward another person, including following the person without proper authority; or
Engaging in a course of conduct or repeatedly communicating to another person with intent to place them in fear or emotional distress.

A first offense is graded as a first-degree misdemeanor, but if it is a subsequent offense against the same person, you could face third-degree felony charges.

A conviction can result in jail time and costly fines, and also has the potential to affect your child custody rights, employment, and right to own a firearm.

Served with a PFA? Charged with assault? Terroristic threats? Harassment? Stalking? Call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Domestic Violence: Control and Fear

Posted on June 1 2017 by Todd Spivak and Rebecca Canterbury

Domestic violence often follows a pattern in which an abuser seeks to control every aspect of a victim’s life. Experts often refer to domestic violence as “intimate terrorism.”

“The perpetrator is engaging in a general pattern of control over the victim – her finances, her social contacts, the clothes she wears,” Deborah Epstein, who runs Georgetown University Law Center’s domestic violence clinic, recently told The New York Times.

Violence is the abuser’s means of enforcing that control – and of punishing any attempts to break it.

Spivak Law Firm handles all areas of family law and criminal defense with a focus on domestic violence and child custody. Call us at (412) 344-4900 or toll free at (800) 545-9390.

Don’t Spank Your Kids

Posted on May 17 2017 by Todd Spivak and Rebecca Canterbury

Under Pennsylvania law, parents are permitted to use corporal punishment if it is for the purpose of safeguarding or promoting the welfare of their child.

But the force used on the child cannot create a substantial risk of death, serious bodily injury, disfigurement, extreme pain, or mental distress.

A spanking that leaves a mark or bruise could result in a Protection from Abuse Order (PFA), a Child, Youth and Families (CYF) investigation, or even criminal charges for child abuse.

Parents engaged in child-custody disputes should consider avoiding all forms of corporal punishment to avoid allegations of abuse.

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