PFA Orders

PFA Hearings: No Right To Jury Trial

Posted on May 24 2019 by Todd Spivak and Rebecca Canterbury

If you’ve been served with a Protection From Abuse (PFA) order, we urge you to take it seriously. A PFA can take away your home, your job, your children, and even your liberty. A PFA can destroy your reputation and stigmatize you as an abusive person for the rest of your life.

A PFA is a civil matter determined by judges in family court. There is no right to a jury trial at a PFA hearing because it’s not a criminal matter, though a PFA can quickly and easily result in criminal charges if you’re merely accused of violating the order.

Under Pennsylvania law, there is no right to a jury trial except in criminal cases whereby conviction could lead to a jail sentence exceeding six months. The maximum penalty for violating a PFA is six months and a $1,000 fine.

Spivak Law Firm provides strong representation at PFA hearings. Based in Pittsburgh, we represent clients in Allegheny County, Beaver County, Butler County, Fayette County, Indiana County, Mercer County, Washington County, and Westmoreland County.

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

Spotting Signs of Abuse

Posted on May 24 2019 by Todd Spivak and Rebecca Canterbury

Being able to tell the difference between a healthy relationship and an abusive relationship can be difficult.

You may be in an abusive relationship if your partner:

Exhibits an explosive temper
Inflicts physical pain in any way
Belittles you or puts you down
Checks your cell phones, emails or social networks without permission
Demonstrates extreme jealousy or insecurity

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: Financial Abuse

Posted on April 28 2019 by Todd Spivak and Rebecca Canterbury

In many domestic violence cases, financial abuse is what keeps a woman trapped in the abusive relationship. Even if these women are able to leave the relationship, their finances may remain in jeopardy.

A new startup company, FreeFrom, pilots entrepreneurship programs for domestic violence survivors. Many of the women enrolled in the program come in with small-business ideas and the organization helps identify what these women are good at and how they can turn it into an opportunity.

By helping survivors start businesses, they can earn their own incomes and achieve financial stability independent of a partner. Program participants can meet with FreeFrom’s team once a week for up to 90 minutes and the free service runs for a six-month period.

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.

In The News: Spivak Law Firm

Posted on April 16 2019 by Todd Spivak and Rebecca Canterbury

The Pittsburgh Post-Gazette has once again featured Spivak Law Firm on issues involving family law and criminal defense.

The P-G recently published Attorneys Need More Protection, written by attorney Todd Spivak, a two-time nominee of The Pulitzer Prize who focuses his practice on child custody and domestic abuse.

The Post-Gazette routinely features Spivak Law Firm, publishing several articles regarding child custody, Protection From Abuse (PFA), and criminal-record expungement laws in Pennsylvania.

In Attorneys Need More Protection, Attorney Spivak discusses the Constitutional basis for vigorously defending people accused of committing heinous crimes.

In Clean The Slate In Pennsylvania, Attorney Spivak and Attorney Rebecca Canterbury critique a new Pennsylvania law that for the first time seals criminal information from public view for people convicted of second- and third-degree misdemeanors.

In Impoverished Parents Deserve Their Day In Court, Attorney Canterbury reveals how exorbitant filing fees in Allegheny County prevent low-income parents from asserting their child-custody rights.

In Crack Down on Domestic Violence in Allegheny County, Attorney Spivak recommends that only specialized judges with extensive domestic-violence training oversee PFA hearings.

In Improve Pennsylvania’s Domestic-Abuse Law, Attorney Spivak exposes the issue of bogus PFA orders and recommends ways to curb abuses in the system.

In Child Custody for Rapists, Attorney Spivak explains how sexual predators use family court to harass and intimidate their victims.

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

Pittsburgh Media Features Attorney Todd Spivak

Posted on April 16 2019 by Todd Spivak and Rebecca Canterbury

Attorney Todd Spivak, owner of Spivak Law Firm, recently published an article in the Pittsburgh Post-Gazette about the importance of vigorously defending people accused of committing heinous crimes.

Attorney Spivak, a two-time Pulitzer Prize nominee, practices family law and criminal defense with a special focus on child custody and domestic-violence defense. His article discusses the challenges of handling high-conflict emotional cases involving people with mental illness, substance abuse, and histories of violent behavior.

Spivak Law Firm has represented hundreds of people in Pittsburgh and surrounding counties, including: Allegheny, Armstrong, Beaver, Butler, Fayette, Greene, Lawrence, Indiana, Mercer, Washington, and Westmoreland. Call us today at (412) 344-4900 or toll free at (800) 545-9390.

Child Custody: Parenting Together

Posted on March 25 2019 by Todd Spivak and Rebecca Canterbury

Under Pennsylvania law, the standard for determining child custody schedules is “the best interest of the child.”

Your judge may be hesitant to grant shared custody in high-conflict cases, so it is important to try and work together with the other parent. Demonstrate to the judge that the two of you communicate well enough to facilitate exchanges and ensure the welfare of your child.

Unless there has been a history of domestic abuse, it will also work against your custody case if the judge finds that you discourage your child from fostering a relationship with the other parent. If it is time for the custody exchange and your child does not want to leave, encourage them to go and that they will have a good time.

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

PFA Law Restricts Guns

Posted on March 11 2019 by Todd Spivak and Rebecca Canterbury

Spivak Law Firm has represented many people who cherish the Constitutional right to own guns. Some are hunters. Some are police officers and other law-enforcement officials whose livelihoods depend on the ability to carry a firearm.

In Pennsylvania, the Protection From Abuse (PFA) law has been changed to restrict gun ownership against people accused of domestic abuse.

For the first time, a person subject to a Final PFA order will be required to give up his or her guns to police within 24 hours. The law applies even in cases of alleged stalking and harassment where a firearm was not involved.

The law is controversial because the burden of proof for obtaining a Final PFA order is far lower than for obtaining a criminal conviction. In fact, many people subject to Final PFA orders are never even charged with a crime.

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

Divorce: Risks For Kids

Posted on March 9 2019 by Todd Spivak and Rebecca Canterbury

Research shows that divorce poses serious physical and emotional risks for children that can cause problems well into adulthood. Divorce can be a rough transition for children and it may be wise to enlist the help of a professional.

However, it is not abnormal for children to show signs of stress as they adjust. There are some general clues to look for when trying to decide whether your child needs therapy.

If you notice unusual behavior that persists for more than a couple of weeks, it is a sign your child might need help. Other specific symptoms include social withdrawal, increased sleepiness, and persistent mood swings.

Spivak Law Firm handles all areas of family law, including: divorce, child custody, child support, and PFA hearings. To speak with an experienced family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Domestic Violence: Victim Blaming

Posted on March 5 2019 by Todd Spivak and Rebecca Canterbury

Criminal domestic violence court can be a site of victim blaming, but not just by alleged abusers. Spivak Law Firm advocates educating judges overseeing cases of domestic violence to avoid using victim-blaming language.

Victim advocates recommend instructing judges to use language that more appropriately describes the effects of domestic violence and holds abusers responsible.

Spivak Law Firm provides strong, aggressive representation for plaintiffs and defendants at Protection from Abuse (PFA) and criminal domestic violence hearings. We routinely volunteer with Neighborhood Legal Services Association to help victims of domestic violence obtain protection orders from their abusers.

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

PFA Hearings: Burden Of Proof

Posted on February 20 2019 by Todd Spivak and Rebecca Canterbury

We’ve all heard the phrase “burden of proof.” What does it mean?

Burden of proof refers to how convincing the evidence must be to obtain a criminal conviction or Protection From Abuse (PFA) order.

In criminal court, the burden of proof is very high: beyond a reasonable doubt. This means the judge or jury must be 99 percent certain that the defendant committed the crime in order to convict.

In PFA court, the burden of proof is much lower: preponderance of the evidence. This means the judge must be just 51 percent certain that the alleged abuser acted in a way that warrants a Final PFA order.

It is much easier to get a Final Order than a criminal conviction because the burden of proof is so much lower.

Spivak Law Firm provides strong, aggressive defense at all PFA and criminal domestic-violence hearings. We routinely handle PFAs and PFA violations, as well as criminal domestic-violence charges such as simple assault, aggravated assault, terroristic threats, harassment, stalking, recklessly endangering another person, endangering the welfare of children, child abuse, and aggravated assault.

To schedule a free consultation with an experienced defense attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.