PFA Orders

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.

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.

Child Custody Mediation In Allegheny County

Posted on April 13 2015 by Todd Spivak and Rebecca Canterbury

In Allegheny County, any parent who files for custody of their child must engage in mediation with the other parent, unless there was domestic violence.

Mediation is a structured problem-solving process to make informed decisions through an impartial third party. The mediation program in Allegheny County is based on the belief that parents are the best experts to make decisions about their children.

Parenting agreement decisions reached through mediation work better and last longer than decisions made by someone in the court. The goal of the custody mediation session is to give parents an opportunity to communicate cooperatively toward solutions that will best meet their child’s needs.

The mediator’s role is to remain neutral and to assist both parents in negotiating options that will work for their family. Mediators are accustomed to working with people who feel hurt, frustrated, and often angry. The mediator can assist in refocusing the parents’ issues toward their children and their family.

Mediation is an alternative to the legal process that intends to be empowering, educational, and confidential.

Spivak Law Firm handles all child custody matters. Our attorneys are skilled trial lawyers and effective negotiators trained in mediation. Call us at (412) 344-4900 or toll free at (800) 545-9390.

Protecting Children Produced By Rape

Posted on April 8 2015 by Todd Spivak and Rebecca Canterbury

The Pennsylvania Legislature appears poised to make it easier for a woman who has become pregnant as a result of rape to have her assaulter’s parental rights terminated while maintaining his obligation to pay child support.

The bill, which has bipartisan support, requires the courts to accept requests by rape victims that their rapists not receive custody of children conceived through the assault, unless the child is old enough and agrees to the custody arrangement. The legislation at the same time maintains the rapist’s liability for child support payments if parental rights have been terminated because of a conviction for raping the other parent.

Rape causes more than 32,000 pregnancies among U.S. women each year, according to the Coalition Against Rape.

Spivak Law Firm has proven a leader in advocating for women’s rights, publishing an article in the Pittsburgh-Post Gazette back in 2012 on the issue of protecting women who conceive through rape.

Spivak Law Firm provides strong, compassionate, cost-effective representation in all family law matters, including: divorce, child custody, child support, 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.

Spivak Law Firm In Pittsburgh Post-Gazette

Posted on March 8 2015 by Todd Spivak and Rebecca Canterbury

The Pittsburgh Post-Gazette has again featured Attorney Todd Spivak, owner of Spivak Law Firm, as an authority in Protection From Abuse (PFA) and child custody law in Pennsylvania.

In Crack Down on Domestic Violence in Allegheny County, Attorney Spivak addresses the issue of Allegheny County registering more domestic-violence fatalities than any other Pennsylvania county. The article focuses specifically on the grisly death of Pittsburgh resident Maureen Karr that occurred over the holidays, and calls for increased judicial involvement at PFA hearings.

In Improve Pennsylvania’s Domestic-Abuse Law, Attorney Spivak proposes ways to fix Pennsylvania’s PFA law to limit false claims of abuse. His recommendations include criminally prosecuting filers of bogus PFA petitions and removing PFA records from the public database if the order is withdrawn or dismissed.

In Child Custody For Rapists?, Attorney Spivak exposes a loophole in Pennsylvania law that enables men who father children through rape to assert child custody and visitation rights. The Pennsylvania legislature may make it easier for a woman who has become pregnant as a result of rape to have her assaulter’s parental rights terminated while maintaining his duty to pay child support.

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