child abuse - Spivak Law Firm

Post-Gazette Features Spivak Law Firm

Posted on March 28 2013 by Todd Spivak and Rebecca Canterbury

The Pittsburgh Post-Gazette has featured Spivak Law Firm’s article on ways to fix Pennsylvania’s Protection From Abuse (PFA) law to limit false claims of abuse.

Although a PFA aims to protect victims of domestic abuse, the law itself is frequently abused by plaintiffs who file bogus PFAs to get defendants evicted from a shared residence or to gain leverage in a divorce or child custody matter.

In our article, Spivak Law Firm proposes five common-sense solutions for curbing abuses. Our recommendations include criminally prosecuting filers of bogus PFA petitions and removing PFA records from the public database if the order is withdrawn or dismissed.

Spivak Law Firm, which focuses on family law and criminal defense, was featured in The Pittsburgh Post-Gazette last September in an article about child custody rights in Pennsylvania. The local newspaper also spotlighted Spivak Law Firm in its South Notables section and includes us in its business directory.

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

Improving Pennsylvania’s PFA Law

Posted on March 28 2013 by Todd Spivak and Rebecca Canterbury

A Protection From Abuse (PFA) order has devastating consequences for defendants. But people who file bogus PFAs often face no consequences whatsoever.

“Want somebody out of the house? File a bogus PFA!” Allegheny County Court of Common Pleas Judge Kim D. Eaton recently told Spivak Law Firm for an article published in The Pittsburgh Post-Gazette.

A PFA is a no-contact order that aims to restrict perpetrators of domestic violence from contacting their victims. A PFA can also evict an alleged abuser from his home, eliminate his constitutional right to own guns, and forbid him from seeing his kids.

Family law attorneys deride the PFA system as “poor man’s custody” because it allows people to obtain child custody orders while circumventing the formal custody process and associated court fees.

In Allegheny County, people who file PFAs are entitled to free lawyers who strengthen their PFA petitions and represent them at the PFA hearing.

Defendants do not get a free lawyer, and at least three-fourths of defendants in Allegheny County attend the PFA hearing pro se. They are not entitled to a public defender because a PFA is a civil order, though violating it can result in a six-month jail sentence.

Getting a PFA is easy. In 2011, judges in Allegheny County approved a whopping 97 percent of all initial PFA petitions, which are based solely on a plaintiff’s allegations. The defendant gets no opportunity to respond to the allegations until the PFA hearing about 10 days later.

During that 10-day span, defendants may be booted from their shared residence and restricted to having limited phone contact with their children. Defendants sometimes cannot return home even to get essentials such as toiletries or work uniforms.

The temporary PFA instantly becomes a permanent public record that is easily accessible for free online by friends, neighbors, co-workers, and employers. The stigma of the PFA may permanently damage the defendant’s reputation and relationships.

At a PFA hearing, the plaintiff’s lawyers will often ask the defendants directly if they are willing to accept a short-term PFA. Defendants may accept such an offer without appreciating the far-reaching consequences.

But people who file bogus PFAs often suffer zero consequences.

Pennsylvania law states that a person who files a PFA “in bad faith” must pay the defendant’s attorney fees. But proving bad faith is impossible in most cases because of the “he-said, she-said” nature of domestic violence. A person who files a bogus PFA may also be criminally prosecuted, but this rarely happens.

“The court’s attitude is: ‘You won, the PFA was dismissed, be happy,’” says family law attorney Christine Gale.

Here are five common-sense solutions for curbing abuses in Pennsylvania’s PFA law:

First, there should be a colloquy for PFA defendants to ensure that they understand the consequences of accepting a final PFA. It could be as simple as checking boxes on a standard form.

Second, courts should make it easier for allowing defendants to recover attorney fees when a PFA is withdrawn or dismissed.

Third, district attorneys should criminally prosecute what Judge Eaton calls “serial filers” of bogus PFAs.

Fourth, law schools and legal aid clinics should partner to train students to provide free representation for low-income PFA defendants.

Fifth, temporary PFAs should be removed from the public database when the PFA is later withdrawn or dismissed.

Such measures would strengthen an important law by limiting the damage caused by bogus PFAs.

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

Getting Ann’s PFA Dismissed

Posted on March 11 2013 by Todd Spivak and Rebecca Canterbury

For the first time, Ann went several days without seeing her child. The reason? Ann’s husband filed a Protection From Abuse (PFA) restraining order against her. The PFA booted Ann from her home and granted temporary custody of their child to her husband.

Ann’s husband said she hit him after discovering that he was having an affair. He claimed to be afraid of her.

In domestic violence cases, women typically seek protection from their boyfriends or husbands. But Spivak Law Firm has also successfully defended many women accused of abuse by their male partners.

At Ann’s PFA hearing in downtown Pittsburgh, her husband didn’t back down. He wanted to permanently evict Ann from their home and to get primary custody of their son. Both parties testified before a judge.

We aimed to show that Ann’s husband was abusing the PFA system to gain leverage in their imminent divorce and custody disputes. We argued that Ann’s actions did not rise to the level of a PFA because it was a single incident and there were no injuries.

The hearing lasted more than two hours. In the end, the judge dismissed the PFA.

“Thank you so much for everything,” Ann wrote us later that evening. “I couldn’t have done this without you. I am home with my son, I couldn’t be happier.”

Spivak Law Firm provides strong defense at PFA hearings throughout the Pittsburgh area in Allegheny County, Westmoreland County, Washington County, Beaver County, and Butler County. To speak with an experienced PFA defense attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

PFA and Guns

Posted on February 18 2013 by wirthdesign

PFA and Guns Pittsburgh Attorneys

A PFA is more than just a “no-contact” order. It can evict you from your home and take away your children. Additionally, a PFA can restrict your Second Amendment right to own guns for hunting and personal safety.

Pennsylvania law authorizes courts to confiscate a PFA defendant’s firearms, ammunition, and firearms license even prior to the PFA hearing. The mere accusation of abuse can result in seizure of your guns and any other weapons even in cases of alleged stalking and harassment where a firearm was not involved.

Spivak Law Firm advises PFA defendants on how to protect their Second Amendment right to possess firearms. For more information, call us at (412) 344-4900 or toll free at (800) 545-9390.

Relinquishing Firearms in PFA Cases

If you’ve been served with a temporary PFA or if a final PFA was entered in your case, you may have just 24 hours to surrender your guns, weapons, ammunition, and firearms license to your local sheriff’s office. Ignoring a court order to relinquish your guns could result in up to ten (10) years imprisonment under federal law.

Under Pennsylvania law, PFA defendants may no longer give their guns to a friend or family member for safekeeping. To speak with an experienced PFA defense attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Seeking Justice for Juveniles

Posted on January 27 2013 by Todd Spivak and Rebecca Canterbury

The appellate review system for juveniles has been notoriously slow in Pennsylvania. Juveniles who are adjudicated delinquent, removed from their homes, and sent to detention centers often complete their detainment in less time than it takes to process their appeal. Such procedural delays are unfair for juveniles and their families.

The Supreme Court of Pennsylvania has sought to correct this problem by expediting the appellate review of cases where child offenders are found delinquent and placed outside their homes.

The recent changes made to the state’s Appellate Court Procedural Rules “should also help appellate courts identify specific instances of sentencing abuse by individual judges,” Pennsylvania Supreme Court Chief Justice Ronald D. Castille recently told Lawyers Journal, a publication of the Allegheny County Bar Association.

To speak with a Pittsburgh juvenile law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Domestic Violence Can Happen to Anyone

Posted on December 2 2012 by Todd Spivak and Rebecca Canterbury

Restraining orders and domestic violence can happen to anyone – even the very rich and famous.

Oscar-winning actress Halle Berry will appear in court this week in a domestic violence case that has received international attention.

This past Thanksgiving, Berry’s fiancé got into a brutal fight with Berry’s ex-boyfriend that left both men with serious injuries. Each man filed a restraining order against the other.

The incident occurred in Berry’s driveway while her 4-year-old daughter was inside the house.

In Pennsylvania, a restraining order is known as a PFA, or Protection From Abuse order, which restricts contact between the parties and can be used to gain leverage in child custody matters.

In Berry’s case, the restraining orders could affect her child custody case. Last month, a judge denied Berry’s request to move with her fiancé to France because her ex-boyfriend shares custody of the child.

In Pennsylvania, a person cannot relocate with a child unless every person with custody rights to the child consents or the court approves the relocation.

Berry, like many of our clients throughout Southwestern Pennsylvania, will spend much of this holiday season in court battling over child custody, restraining orders, and criminal charges arising out of the domestic violence incident from Thanksgiving.

Spivak Law Firm handles all domestic violence matters, including PFA restraining orders, criminal charges, and child custody matters. To schedule an appointment, call us at (412) 344-4900 or toll free at (800) 545-9390.

In The News: Spivak Law Firm

Posted on October 3 2012 by Todd Spivak and Rebecca Canterbury

Spivak Law Firm has been in the news a lot lately.

The Pittsburgh Post-Gazette recently published our column on how Pennsylvania law handles child custody matters in rape cases, just weeks after announcing the opening of our firm at West Liberty and Potomac avenues in Dormont, three miles from downtown Pittsburgh.

The Pennsylvania Bar Association publication At Issue is about to run our latest column on family law matters. Our previous article on Protection From Abuse (PFA) restraining orders in Allegheny County ran this past spring.

Patch.com, an online community news outlet, ran a profile of Spivak Law Firm that was featured in its Dormont-Brookline and Chartiers Valley editions. And just today, the Allegheny County Bar Association publication Lawyers Journal joined the others in announcing the opening of our firm.

Spivak Law Firm handles all matters involving Family Law, PFA Defense, Criminal Defense, DUI Defense, and Social Security Disability. To schedule an appointment, email us here or call us at (412) 344-4900 or toll free at (800) 545-9390.

What to Expect at Your PFA Hearing

Posted on August 20 2012 by Todd Spivak and Rebecca Canterbury

If you’ve been served with a PFA, your PFA hearing is likely within 10 days. The thought of having to go before a judge can be very stressful. Indeed, it should cause you some anxiety. After all, a PFA has serious consequences: it can evict you from your home, restrict your ability to see your children, and even land you in jail for six months if you violate it.

At Spivak Law Firm, we handle many PFA cases – representing both defendants and plaintiffs. It often calms our clients when we explain what to expect at a PFA hearing. Here are some things we always go over with our clients to help prepare them for their day in court:

First, it’s important that you show up at the hearing on time. In Allegheny County, PFA hearings are scheduled for 9 a.m. If you show up later than 10 a.m., you could be slapped with a full three-year PFA. Running late is a poor excuse, so plan ahead. Expect traffic and difficulty parking. Like an airport terminal, you will likely have to wait in a long line of people to get through a metal detector. We advise our clients to get to the courthouse by 8:45 a.m.

Second, the plaintiff and defendant likely will not see each other. There is a room for defendants and a separate room for plaintiffs. But do not forget that the PFA remains in place even at court on the day of the hearing. A PFA is a no-contact order. If you violate it, you may be arrested. If you see your accuser in the courthouse, stay away. Do not share an elevator or talk to your accuser. Just go to the waiting area – in Allegheny County, it’s on the third floor of the Family Court Building – check in, and wait for your attorney.

Third, you probably won’t see a judge. Most cases get resolved by the attorneys without ever having to appear before a judge. At Spivak Law Firm, we get the PFA dropped in most cases through negotiations with opposing counsel. Nevertheless, you should work with your attorney so you are prepared to make your strongest case before a judge. Bring any documentation that is helpful to your case – phone records, emails, text messages, photographs, etc. If possible, bring eyewitnesses who can testify as to whether the alleged abuse actually occurred.

For more information about what to expect at your PFA hearing, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Client Relieved as Spivak Law Firm Gets PFA Dismissed

Posted on August 10 2012 by Todd Spivak and Rebecca Canterbury

Dave, my client, can’t sit still. About a week ago, he was served with a PFA restraining order from his wife for stalking. Now he’s pacing the third-floor hallway of the family court building in downtown Pittsburgh nervously awaiting his PFA hearing.

I met Dave a few days earlier at my law offices to discuss his case. Dave and his wife were separated for several months. They have a young son together. They both also have children from prior relationships.

She claims he was stalking her by showing up unexpectedly at places like the grocery store, the gas station, Kennywood and Sandcastle. Dave denies following her, and says it was coincidental — after all, they live in the same neighborhood.

Dave was anxious about the PFA. He knew his wife was using it to gain custody rights over their child. The PFA system — though vitally important for helping victims of domestic abuse — is routinely abused by people aiming to get leverage in a child custody case or to evict an ex from a shared residence.

He also worried that she would one day lie about him violating the PFA to get him arrested. Violating any provision of a PFA can land you in jail for 6 months. In domestic violence cases, police routinely make arrests based solely on the complainant’s statement.

I asked Dave to stay in the waiting room with the other PFA defendants while I met with his wife’s attorney. Most PFA cases get resolved by the attorneys without ever having to appear before a judge. But the wife’s attorney insisted on a three-year PFA against my client – the maximum allowed under Pennsylvania law.

I told the attorney that no judge would grant a three-year PFA against my client. But the opposing counsel would not budge. So I said we needed to go before a judge.

At the PFA hearing, I argued that the wife did not allege any physical abuse or threatening behavior. I further explained that the wife does not fear my client, and provided the judge with recent hotel receipts, phone records, and witness statements proving their ongoing relationship.

The judge dismissed the PFA order. My client let out a big sigh of relief and threw his arm around me.

At Spivak Law Firm, aim to provide the strongest possible defense for people accused of stalking, harassment, verbal threats, and physical abuse. In most cases, we get the PFA dismissed. If you’ve been served with a PFA, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

PFA Defense: We Aim To Get the PFA Dropped

Posted on August 4 2012 by Todd Spivak and Rebecca Canterbury

At Spivak Law Firm, we strongly defend people who are served with PFA restraining orders. We represent people who are accused of harassment, stalking, verbal threats, and physical abuse. In most cases, we get the PFA dropped.

Sometimes people ask us why we strongly defend people accused of abuse.

First, we know that many of our clients are falsely accused. People frequently misuse the PFA system to gain leverage in a divorce or child custody matter. We take great pride in protecting our clients’ reputations and legal rights against false accusations.

Second, in some cases, our clients may have engaged in inappropriate behavior that they regret. They did not physically hurt or beat anybody. But they got angry and made threats. Or they kept texting when their partner told them to stop.

These people may have crossed some line, as many people do at times. But their actions did not rise to the level of a PFA. We help these people get the PFA dropped so they can move on with their lives.

Third, in rare cases, our clients may be guilty of serious domestic violence. Such behavior is reprehensible, of course. But we believe that every person accused of legal wrongdoing is entitled to a strong defense.

In these cases, a PFA may be granted. But we are still able to help our clients by protecting their legal rights and mitigating the duration of the PFA.

If you’ve been served with a PFA, we will strongly defend you. Call us at (412) 344-4900 or toll free at (800) 545-9390.