Spivak Law Firm

Domestic Abuse:
Frequently Asked Questions

• Does Spivak Law Firm handle cases involving domestic abuse?
• What is domestic abuse?
• How do courts view mental and emotional abuse?
• How does domestic abuse affect child custody?
• How does domestic abuse affect divorce?
• Does Spivak Law Firm help people accused of abuse?
• What resources exist for victims of domestic abuse?

Does Spivak Law Firm handle cases involving domestic abuse?

Yes. Spivak Law Firm has extensive experience handling family-law matters involving domestic abuse, including: child custody, divorce, Protection From Abuse (PFA), and Children Youth and Families (CYF). We also routinely handle domestic-violence cases in criminal court involving charges such as: assault, harassment, threats, and stalking. To schedule a consultation with a Pittsburgh attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

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What is domestic abuse?
Under Pennsylvania’s criminal and Protection From Abuse (PFA) laws, domestic abuse is defined in broad terms. It may refer to physical violence or sexual violence against a family member. It may also refer to threats of violence, harassing behavior, stalking, reckless endangerment or false imprisonment. In child custody cases, it is common for parties to allege psychological control, mental abuse, and verbal abuse. For more information, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

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How do courts view mental and emotional abuse?
Allegations of mental and emotional abuse may significantly impact child custody cases. Some family-court judges believe mental and emotional abuse have severe consequences, whereas other judges may downplay the effects of mental and emotional abuse, which cannot be used as a basis for a PFA or criminal action. For more information, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

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How does domestic abuse affect child custody?
In a custody trial, the Court considers several factors when determining the custody schedule. One important factor, which may be more heavily weighted than others, is whether there is a history of domestic abuse in the family. Spivak Law Firm has extensive experience litigating child custody trials involving allegations of domestic abuse. To speak with a Pittsburgh child custody attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

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How does domestic abuse affect divorce?
Evidence of domestic abuse minimally impacts divorce cases, as spouses no longer need to prove misconduct to obtain a divorce. Rather, a spouse must merely state that the marriage is irretrievably broken. Nonetheless, evidence of domestic abuse may prevent the perpetrator from obtaining alimony in some cases. To discuss your divorce matter, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

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Does Spivak Law Firm help people accused of abuse?
Yes. Spivak Law Firm has helped hundreds of people accused of domestic violence and child abuse. We provide strong, aggressive representation in all matters involving Protection From Abuse (PFA), criminal charges, and Children Youth and Families (CYF). We have extensive experience helping people accused of abuse assert their child-custody rights. Many of our clients were falsely accused. To speak with a Pittsburgh attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

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What resources exist for victims of domestic abuse?
Victims of domestic abuse should call the police in case of emergency. They may also obtain a Protection From Abuse (PFA) order restricting all contact with their abuser under threat of arrest. If there is a child involved, they may file a report of abuse with Allegheny County Children Youth and Families (CYF). There are women’s shelters, toll-free hotlines, and many other resources available for victims of domestic abuse. For more information, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

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Pittsburgh PFA and Family Law

A Protection From Abuse (PFA) Order can seriously affect all other areas of family law, including: child custody, divorce, child support, and spousal support.

For example, a PFA may:

• Provide a parent primary custody of the children
• Prohibit a parent from even contacting their children
• Evict a spouse from the marital residence in a divorce
• Force a parent to pay a higher amount of child support

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

PFA Affects Child Custody and Divorce

A PFA is an important tool for protecting victims of domestic abuse. A PFA prohibits an abuser from having any contact with his or her victim. Under Pennsylvania law, “abuse” is defined broadly to include physical violence, threats of physical violence, sexual violence, harassment and stalking.

Unfortunately, some people abuse the PFA system itself in an attempt to gain leverage by seizing primary custody of the children or evicting the other spouse from the home as part of a divorce action.

Spivak Law Firm provides strong representation at PFA hearings. We understand how a PFA affects all areas of family law and work hard to achieve our clients’ goals. To schedule a consultation, call Spivak Law Firm today at (412) 344-4900 or toll free at (800) 545-9390.

PFA and CYF In Allegheny County

In Allegheny County, a PFA alleging abuse on a minor child may set off an investigation by Children Youth and Families (CYF). When CYF gets involved, the PFA process often takes longer.

Under Pennsylvania law, a Final PFA hearing is supposed to be scheduled within 10 days after the Temporary PFA is granted. But CYF has 60 days to complete its investigation and render a decision about whether the alleged incident rises to the level of abuse.

Courts generally will not have a Final PFA hearing until the CYF investigation is complete. As a result, the PFA may completely restrict you from your children for a period of months.

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

Pittsburgh Child Abuse Defense Lawyers

In Allegheny County, the majority of child abuse cases involve allegations of neglect that cause serious injury, pain or impairment to the child’s physical functioning.

Child abuse may also refer to physical abuse or sexual abuse. If you spank or use other forms of corporal punishment on your child, you may be investigated for child abuse especially if your actions lead to marks or bruising.

Under Pennsylvania law, many professionals in education, health care, and child care are required to report suspected child abuse or risk losing their licenses and facing criminal prosecution.

Spivak Law Firm provides strong advocacy in all criminal defense matters with a special focus on child abuse and domestic violence. Call us today at (412) 344-4900 or toll free at (800) 545-9390.

Investigating Child Abuse in Allegheny County

An allegation of criminal child abuse may lead to investigations by police as well as Children Youth and Families (CYF). The child may undergo a forensic interview by a child abuse specialist depending on the age and maturity of the child.

The forensic interview occurs at a hospital with a CYF caseworker and police detective present. The recommendations of the forensic interviewer often guide a court’s decisions about whether to restrict a parent from his or her child.

Spivak Law Firm handles all areas of family law and criminal defense. If you’ve been accused of child abuse, it may affect your ability to exercise unsupervised visitation of your child. We routinely help people facing child abuse accusations in both family court and criminal court.

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

Grandparent Custody:

Frequently Asked Questions

• Can you represent me in my grandparent custody case?
• When can a grandparent assert custody rights?
• Can I seek custody of my grandchildren because I don’t approve of how the parents are raising them?
• When can a grandparent seek partial custody or visitation of a grandchild?
• When can a grandparent seek any form of physical or legal custody of a grandchild?
• What is the child custody process for grandparents in Pennsylvania?
• How does the court decide grandparent child custody issues?
• Is a grandparent’s custody order permanent?
• Can I pursue custody rights if my grandchild was adopted?

Can you represent me in my grandparent custody case?
Yes. Spivak Law Firm routinely represents grandparents in child custody matters. To schedule an appointment with a child custody attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

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When can a grandparent assert custody rights?
Pennsylvania law requires that grandparents first demonstrate “standing” to pursue custody or visitation with their grandchild. In other words, grandparents must establish that they have a legal right to bring forth an action for child custody. Depending on the circumstances, grandparents may have the right to request partial, shared, or even primary custody of their grandchild. To have a custody attorney review your case, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390. 

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Can I seek custody of my grandchildren because I don’t approve of how the parents are raising them?
It depends. Under Pennsylvania law, parents have the right to raise their children as they deem appropriate so long as the parents provide adequate shelter, food, clothing, care, and supervision. However, if you believe your grandchildren are being neglected or abused, you may report the behavior to Children, Youth and Families (“CYF”) or obtain a Protection from Abuse Order (“PFA”) on behalf of your grandchildren. To have a custody attorney review your case, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390. 

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When can a grandparent seek partial custody or visitation of a grandchild?
Under Pennsylvania law, a grandparent may pursue partial custody and/or visitation with a grandchild under one of the following three scenarios: A parent of the child has died; the parents of the child have been separated for a period of at least six months or have initiated divorce proceedings; or the child has lived with the grandparent for at least twelve consecutive months (not counting brief absences) and is removed from the home by the parents. For more information, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390. 

When can a grandparent seek any form of physical or legal custody of a grandchild?

Under Pennsylvania law, a grandparent may seek any form of physical or legal custody rights over a grandchild under one of two scenarios. Under the first scenario, the grandparent has acted as a parent to the child and taken on the responsibilities of parenthood for a period of time. This is known as acting in loco parentis – or acting “in the place of the parent.” Under the second scenario, a grandparent who has not acted in loco parentis may still seek any form of physical custody or legal custody of the child in some cases generally where abuse has occurred. To speak with a custody attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

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What is the child custody process for grandparents in Pennsylvania?
If the parents and grandparents cannot agree on a custodial plan, the court will decide for them. The process begins with the filing of a custody complaint. Many Pennsylvania counties, including Allegheny County, then require the parents and grandparents to attend an educational class that explains the court process, a mediation session to resolve the issues without attorneys present, and finally a custody conciliation where the attorneys try to negotiate a settlement. If the parents and grandparents still cannot reach an agreement, the case is scheduled for a custody trial. To learn more about the court process in grandparent child custody cases, call us at (412) 344-4900 or toll free at (800) 545-9390. 

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How does the court decide grandparent child custody issues?
The court decides custody issues by determining what is in the child’s best interests. In making this decision, the court considers many factors, such as: the distance between the residence of the parents and the residence of the grandparents; the level of conflict between the parents and grandparents and their ability to cooperate; history of drug or alcohol abuse by the parents or grandparents; the mental and physical condition of the parents and grandparents; the well-reasoned preference of the child; and the child’s special needs. To speak with a custody lawyer, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

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Is a grandparent’s custody order permanent?
No, a grandparent’s custody order is never permanent. A parent or caregiver who has rights to the child may file a custody complaint or a petition to modify the custody order. If a person other than a stepparent or grandparent adopts the child, any visitation or custody rights granted terminate at the time of adoption. For more information, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

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Can I pursue custody rights if my grandchild was adopted?
It depends. If a person other than a stepparent or grandparent adopts the child, any visitation or custody rights terminate at the time of adoption. The same applies if the child is adopted by an aunt, uncle, sister, brother, cousin, or their extended family member. To have a custody attorney review your case, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

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Pittsburgh Child Endangerment Lawyers

The criminal charge of Endangering the Welfare of Children (EWOC) is defined under Pennsylvania law as when a parent, guardian, or supervisor knowingly endangers the welfare of a child under 18-years-old by violating a duty of care or protection.

The EWOC charge may also be brought against a person who prevents or interferes with the making of a report of suspected child abuse to Children Youth and Families (CYF).

An EWOC conviction is generally graded as a first-degree misdemeanor punishable by up to five years in prison, though a person who demonstrates a course of conduct of endangering the welfare of a child or puts a child at substantial risk of death or serious bodily injury may a felony charge with a stiffer maximum prison sentence.

Spivak Law Firm handles all areas of domestic violence defense, including: EWOC, child abuse, simple assault, aggravated assault, and harassment. To schedule a free consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

EWOC and Child Custody In Allegheny County

If you are a parent facing EWOC charges, you may also be facing a child custody action by the other parent. The resolution of your criminal case will likely affect your child custody rights.

Spivak Law Firm is one of the few law firms in Pittsburgh to focus on family law and criminal defense. Unlike some criminal defense attorneys, we understand how an EWOC conviction could hurt your ability to exercise unsupervised visitation of your child.

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

Pittsburgh Domestic Abuse Lawyers

At Spivak Law Firm, we focus our practice on family law and criminal defense cases involving allegations of domestic abuse. We handle Protection From Abuse (PFA), criminal domestic-violence, child custody and divorce.

We frequently defend people accused of abuse at PFA and criminal hearings. Typical allegations include: physical violence, harassment, threats of violence, stalking, sexual violence, reckless endangerment, and false imprisonment. We aim to protect our clients’ liberty and their reputations. We clean their records and assert their child custody rights.

In other cases, we help victims obtain protections and restrict their abuser from themselves and their children. We provide strong, compassionate advocacy at PFA and child custody hearings. We recommend an array of resources to help them.

To speak with a Pittsburgh attorney experienced in domestic-abuse matters, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Child Custody and Domestic Abuse

In a child custody trial, the Court considers several factors when determining the custody arrangement. One important factor, which may be more heavily weighted than others, is whether there is a history of domestic abuse in the family.

At Spivak Law Firm, we have helped many parents convicted of crimes involving domestic abuse to assert their child custody rights. Some people come to us at the lowest points in their lives. They face PFA orders, criminal charges, and CYF investigations. Their families, their jobs, and even their liberty are all at risk. We stand with our clients, providing strong legal representation and strategies to achieve their goals.

Initially, our clients may be restricted to seeing their children only when supervised by law enforcement or in a therapeutic setting. We work hard to gradually expand their custody time, even obtaining shared custody in some cases so they get equal time with their children.

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