Spivak Law Firm

Based in Pittsburgh, PA

412-344-4900

Spivak Law Firm is BBB Accredited

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.

Pennsylvania Open-Records Laws

Posted on July 21 2012 by Todd Spivak and Rebecca Canterbury

In the wake of the Jerry Sandusky trial, there has been much talk about whether Penn State should suspend its elite football program, whether the iconic Joe Paterno statue should be removed, and whether more top brass at the university should be fired. These questions all deal with punishing the university for protecting a child predator. But a more pressing matter is how to ensure that such horrors never happen again.

That’s why we strongly support legislation that would bring Penn State under Pennsylvania’s open-records laws. Though supported by tax dollars, Penn State, Pitt, Temple, and Lincoln universities all are inexplicably exempt from Pennsylvania’s Right to Know Law. That means Penn State’s records, including police reports, are closed to public view.

“Even the FBI must comply with open records filings, but not Penn State’s cops,” writes columnist Al Tompkins in Northwestern University’s Poynter.org. “That would become a key way the 1998 report about sexual misconduct by Jerry Sandusky stayed hidden for more than a decade.”

DUI FAQ

Posted on June 30 2012 by wirthdesign

Driving Under the Influence (DUI):

Frequently Asked Questions

Can you defend me against DUI charges?
Yes. Spivak Law Firm strongly defends people arrested for DUI. Our strong negotiation and trial skills enable us to achieve the best possible outcome for your case. If you have been arrested for DUI, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

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Can you help get my driver’s license restored?
Yes. Spivak Law Firm helps commercial drivers and others restore their driver’s licenses so they can get back to work. In some cases, we can help our clients receive an occupational limited license that allows them to drive even while they serve their DUI punishment. To speak with a driver’s license suspension attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

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What is DUI?
DUI means “driving under the influence” of alcohol, illegal drugs, or controlled substances. A DUI conviction is usually a misdemeanor offense that can lead to criminal penalties including jail, fines, and license suspension. To schedule an appointment with a DUI lawyer, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

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How can I challenge my DUI?
Spivak Law Firm knows how to weaken a DUI case and can seek to have the charges reduced or dropped. First, we determine whether police had reasonable suspicion to pull you over in the first place. If police lacked reasonable suspicion, we file a motion to suppress evidence that can lead to a dismissal of the charges. We also challenge a DUI by reviewing police work for inaccuracies and assessing whether field sobriety and blood alcohol tests were conducted properly. If you want a lawyer to challenge your DUI charges, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390 or toll free at (800) 545-9390.

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What are the possible penalties for a DUI?
Penalties for a DUI include jail, fines, and license suspension. Penalties are mainly determined by BAC level and the number of prior DUI convictions. Pennsylvania has three levels for punishing people convicted of DUI. People convicted of driving under the influence of illegal drugs or controlled substances are automatically placed in the highest BAC category with the harshest penalties. To learn more about DUI penalties, click here.

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What is BAC?
BAC means blood alcohol content. BAC is measured by dividing grams of alcohol by 100 milliliters of blood. Penalties for a DUI become more severe with increased BAC levels. Police use breath, blood, and urine tests to determine a driver’s BAC level. For more information, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

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What is the legal BAC limit for driving in Pennsylvania?
For most adults, a BAC level exceeding .08 percent constitutes intoxication for DUI purposes. A BAC greater than.02 percent is enough to show intoxication for school bus and commercial vehicle drivers.

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I’m scared to go to jail – are there alternatives?
In some circumstances, a person convicted of DUI may qualify for jail alternatives including home detention and diversionary programs such as ARD for first-time DUI offenders. To find out if you qualify for a jail alternative, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

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What is ARD?
ARD means “accelerated rehabilitative disposition.” It is a diversion program available to some first-time DUI offenders that generally involves serving a brief license suspension, attending an alcohol education program, and receiving substance abuse counseling. Completion of ARD results in the dismissal of DUI charges and the removal of the DUI from the person’s permanent record. To learn more about ARD, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

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Am I eligible for ARD?
If you are a first-time DUI offender, you are likely eligible for ARD. But you will not be eligible for ARD if (1) you have a prior DUI conviction, (2) you participated in ARD within the last 10 years, (3) a child under 12 was in the vehicle at the time of the DUI stop or (4) while driving under the influence you were involved in a motor vehicle collision resulting in serious injuries to another person. To have an attorney review your case, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

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What types of crimes result in license suspension?
License suspension is automatic if you are convicted of DUI, careless driving, reckless driving, or racing on highways. To speak with an attorney about restoring your driver’s license, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

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What happens if I’m caught driving with a suspended license?
Your license may be suspended for another year. Additionally, each new conviction brings you closer to a mandatory jail sentence. If you were caught driving with a suspended license, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

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Can you help me get an occupational limited license?
Yes. Spivak Law Firm helps commercial drivers and others get an occupational limited license. If you need an occupational limited license, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

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What are field sobriety tests?
Field sobriety tests are administered by police to evaluate a person’s sobriety. Tests such as the walk-and-turn test aim to measure a person’s balance, coordination, and ability to multi-task. To learn more about field sobriety tests, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

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Must I submit to field sobriety tests?
No. You need not submit to any field sobriety test. These tests are not legally required. You may decline to take them and receive no adverse legal consequences. Indeed, it may be wise to decline them because many people cannot pass them even while sober. For more information, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

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Must I submit to a blood, alcohol, or urine test?
Once placed under arrest, you must submit to an official blood, breath, or urine test. Refusing these tests results in an automatic one-year suspension of your license and can be taken as evidence of your guilt at trial. This license suspension remains enforceable by the Pennsylvania Department of Transportation even if you are not convicted of DUI. To learn more about your legal rights, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

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What is the legal BAC limit for underage drinking and driving in Pennsylvania?
Pennsylvania has a zero tolerance BAC level for underage drinking and driving. A BAC level exceeding .02 percent is enough to show intoxication for minors. This BAC level is so low that even mouthwash may put a minor over the legal limit. If your child is charged with underage drinking and driving, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

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What is MIP?
MIP refers to “minor in possession” of alcohol or illegal drugs. Under Pennsylvania law, a minor can be convicted of underage drinking even if he or she did not consume any alcohol. Mere purchase or possession of alcohol or illegal drugs is enough. A first conviction carries a 90-day license suspension; a second conviction carries a one-year suspension; and a third conviction carries a mandatory two-year license suspension. If your child has received a citation for MIP, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

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What is an Ignition Interlock Device?
Under Pennsylvania law, installation of an Ignition Interlock Device (IID) is required for repeat DUI offenders. The IID attaches to your car and operates similarly to a breathalyzer. For your car to start, you must first blow into the IID and register a BAC of .02 percent or less. If your BAC exceeds .02, your car will not start. To learn more, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

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What is a SCRAM device?
A SCRAM device may be required for repeat DUI offenders. It attaches to your leg and must remain in constant contact with your skin to measure BAC in the body’s perspiration. The device takes one reading an hour and transmits the results to a central monitoring station. If the device registers a BAC over .02, your license will be suspended and you could go to jail and face other penalties. For more information, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

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What is an expungement?
Expungement refers to the removal of criminal charges from your permanent record. If you have been arrested but not convicted, an expungement can clear your record of a criminal arrest. This may be particularly important for workers such as police officers and teachers whose jobs require a background check. To learn more about expungement, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

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Can I have the DUI expunged from my record?
Under Pennsylvania law, criminal proceedings involving misdemeanor or felony charges can be expunged if (1) you were not convicted, (2) the charges were dismissed or withdrawn, or (3) you successfully completed an ARD program on a first and only charge. To learn if your record can be expunged, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

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PFA Defense

Posted on June 25 2012 by wirthdesign

Don’t Let a PFA Ruin Your Life

A PFA restraining order can take away:

  • Your Home
    You may be evicted if you live with the person who filed a PFA against you.
  • Your Kids
    You may lose custody and visitation rights for your children due to a PFA.
  • Your Job
    A PFA can ruin job prospects for teachers, police officers, day care workers, and others subject to background checks.
  • Your Rights
    A PFA can strip away your Constitutional right to own guns.
  • Your Freedom
    You may be jailed for six months for violating any provision of a PFA – even if your accuser is lying!

Don’t make the mistake of blindly accepting a PFA. The consequences of a PFA are harsh and long-lasting, as a PFA can remain in effect for up to three years. If you have been served with a PFA, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Pennsylvania’s Definition of “Abuse”

Can a judge grant a PFA against you even if you never laid a finger on your accuser?

Yes.

In the context of a PFA, Pennsylvania law defines “abuse” very broadly. It covers bodily injury and attempted bodily injury, false imprisonment, stalking, and harassment. It also includes mere verbal threats of violence. The test is whether the threat placed the victim “in reasonable fear of imminent serious bodily injury.”

If you have been served with a PFA, we will strongly defend you. Call Spivak Law Firm today at (412) 344-4900 or toll free at (800) 545-9390.

PFA For Victims

Posted on June 25 2012 by wirthdesign

Pittsburgh PFA Victims Lawyers

A PFA restraining order provides important legal protections for victims of domestic abuse.

A PFA can prevent an abuser from having any contact with his or her victim.

This includes physical and non-physical contact such as phone calls, emails, and texts.

A defendant who violates a PFA may face criminal charges. Penalties include a six-month jail sentence and a $1,000 fine.

In Pennsylvania, you may be entitled to the legal protections of a PFA if a current or former partner or family relation has engaged in any of the following behavior against you or your child:

  • Physical harm
  • Threats of physical harm
  • Sexual harm
  • False imprisonment
  • Stalking
  • Harassment

Protecting Abuse Victims In Allegheny County

Spivak Law Firm helps victims of real or threatened domestic abuse get the important legal protections of a PFA. Friendly and caring, we help you get your life back.

We build the strongest case possible so you get the protection you need and the peace of mind you deserve. We guide you through the legal process. This may include negotiating a legal settlement or representing you in a formal PFA hearing before a judge.

Protect yourself with a PFA. For more information, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

5 PFA Mistakes

Posted on June 25 2012 by wirthdesign

5 Common PFA Mistakes

Every week, dozens of new PFA cases are filed in Pittsburgh and surrounding counties such as Allegheny County, Beaver County, Butler County, Washington County, and Westmoreland County. Many people facing abuse charges make mistakes that haunt them for years. The five most common mistakes they make are:

  1. They don’t take the PFA seriously.
    A PFA has serious, long-lasting consequences. It can evict you from your home, take away your kids, ruin your job prospects, and even land you in jail. If you are served with a PFA, take it seriously.
  2. They don’t show up at the PFA hearing.
    If you fail to appear at your PFA hearing, the judge can impose a Final PFA order against you lasting three years – the maximum duration allowed under Pennsylvania law. If you are served with a PFA, we strongly advise you to attend the PFA hearing.
  3. They don’t hire an experienced PFA defense attorney.
    In Pennsylvania, many people seeking the protections of a PFA can receive a free lawyer. But people who are served with a PFA must retain their own lawyer. Hiring an experienced PFA defense attorney is essential for protecting your legal rights.
  4. They blindly accept the PFA.
    Many people who feel they are guilty of abuse blindly accept the PFA accept them. Even if you are guilty of abuse, we can try to limit the duration of the PFA and protect your legal rights regarding other family law matters.
  5. They continue to contact their accuser.
    A PFA serves as a no-contact order restricting the abuser from having any contact with the victim. This includes physical contact as well as phone calls, text messages, and emails. Violation of the no-contact order can land you in jail up to six months.

PFA Hearings

Posted on June 25 2012 by wirthdesign

Pittsburgh PFA Defense Lawyers

If you have been served with a Protection From Abuse (PFA) order, take it seriously. A PFA can hurt your reputation, your relationships, and your future. It can haunt you for years like a criminal record.

A PFA is a court order that aims to protect victims in abusive relationships. But the PFA system itself is often abused, causing many innocent people to suffer. People may use a PFA as a tool to harass, get someone evicted, or gain leverage in a divorce or child custody matter.

At Spivak Law Firm, we handle all areas of PFA defense, including:

If you have been served with a PFA, your hearing may be less than 10 days away. To make an appointment with an experienced PFA defense attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

What Makes Our PFA Attorneys Different

PFA is a unique area of law that combines aspects of family law and criminal defense. Spivak Law Firm is one of the few law firms in the greater Pittsburgh area that routinely handles both family and criminal cases.

We understand the implications of a PFA on divorce and child custody matters. We also defend people against criminal allegations. Our strong negotiation and trial skills help us achieve the best possible outcome for your case.

If you have been accused of domestic abuse, Spivak Law Firm is uniquely qualified to help. For a free consultation with an experienced PFA attorney, call us today at (412) 344-4900 or toll free at (800) 545-9390.

PFA For Victims In Allegheny County

Spivak Law Firm routinely represents victims of domestic abuse at PFA hearings. We are strong advocates for victims, counseling victims of domestic violence and harassment on:

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

Divorce FAQ

Posted on June 21 2012 by wirthdesign

Divorce:

Frequently Asked Questions

Can you represent me in my divorce?
Yes. Spivak Law Firm provides strong, compassionate, cost-effective representation in divorce matters. To schedule an appointment with an experienced Pittsburgh divorce attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

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I want a divorce – what should I do?
We recommend that you contact Spivak Law Firm immediately to protect your legal rights. Our Pittsburgh divorce attorneys can help expedite the process of dividing marital assets and debts. If there are minor children, we can create a custody arrangement that works for your family while the divorce is being finalized. If you are seeking a divorce, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

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I’ve been served with a divorce complaint – what should I do?
We recommend that you contact Spivak Law Firm immediately. If you do not respond to the divorce complaint, a divorce decree may be entered without your consent. Your legal rights could be waived, including the right to divide your marital assets. If you have been served with a divorce complaint, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

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How long does a divorce take?
A divorce may take from as little as three months to as long as several years depending on the issues involved and the spouses’ willingness and ability to work together on resolving issues. To speak with a family law attorney about your divorce, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

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What is the fastest, cheapest way to get a divorce?
An uncontested divorce is the quickest and most cost-effective way to end a marriage. In an uncontested divorce, both spouses sign a settlement agreement that resolves their financial issues. A final divorce decree can be entered without appearing in court after a three-month waiting period. But if one spouse contests the divorce, it could take one year before a final divorce decree may be entered under Pennsylvania law. To learn more about uncontested divorces, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

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What is an annulment?
An annulment is a legal method for ending a marriage without having to go through a divorce. It applies in very limited situations, such as when one spouse was: forced to wed, tricked into getting married, or underage at the time of the marriage. To find out if your marriage can be annulled, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

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My spouse cheated on me – how does that affect the divorce?
You may pursue a fault-based divorce. Grounds for a fault-based divorce include: adultery, physical abuse, and imprisonment for more than two years. Even if your cheating spouse contests the divorce, you may still get a final divorce decree in three months by showing that marital misconduct caused the divorce. Moreover, a cheating spouse may forfeit any right to alimony under some circumstances. For more information, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

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What is a no-fault divorce?
A no-fault divorce enables a spouse to end the marriage without having to prove that the other spouse committed marital misconduct such as adultery or domestic violence. The standard for a no-fault divorce is where at least one spouse contends that the marriage is “irretrievably broken.” Most divorces in Pennsylvania are no-fault divorces. To file for a no-fault divorce, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

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Family

Posted on June 19 2012 by wirthdesign

Pittsburgh Family Law Attorneys

Spivak Law Firm provides strong, compassionate, cost-effective representation for all family law matters. Based in Pittsburgh, we have helped thousands of families through the most challenging and difficult times of their lives involving:

  • Child Custody and Child Support
  • Divorce and Dividing Marital Property
  • PFA and Domestic Abuse

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

Child Custody and Child Support Lawyers

There is nothing more important to parents than their children.

Spending quality time with their children. Nurturing their children’s growth. Guiding their children’s development. Ensuring their children’s safety.

We take child custody matters very seriously, working closely with parents to develop strategies for achieving their goals. We have significant experience in high conflict custody cases with allegations of parental alienation, substance abuse, mental health issues, and domestic abuse.

We routinely handle child support cases, including: filings, modifications, hearings, enforcement, and appeals.

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

Divorce and Equitable Distribution Law Firm

Divorce can be relatively simple and straightforward if both spouses agree to the divorce and there aren’t many marital assets to divide. But there often tend to be complications.

Common issues may include:

  • Who gets the house?
  • How do I calculate equity in the house?
  • Can I move out before the divorce is finalized?
  • How do we divide the retirement accounts?
  • What if my spouse is hiding income?
  • How does adultery affect the divorce?
  • Who is responsible for the credit card debt?
  • How do I value my spouse’s business?
  • Who gets the family pets?
  • Can I get spousal support or alimony?
  • How long does the divorce process take?

Spivak Law Firm has extensive experience handling all matters related to divorce and equitable distribution, the formal process for dividing marital property. In most cases, we negotiate a fair settlement that spares our clients the financial and emotional cost of litigation.

We are also skilled courtroom lawyers experienced in complex divorce cases. If necessary, we work with experts in forensic accounting and business and pension valuations to advance our clients’ interests.

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

Pittsburgh PFA and Domestic Abuse Lawyers

If you’ve been accused of abuse, a PFA Order can turn your life upside down by instantly evicting you from your home, restricting you from your children, and threatening your employment.

If you’re in an abusive relationship, a PFA Order is a powerful tool for restricting your abuser from having any contact with you under threat of arrest.

At Spivak Law Firm, we have extensive experience representing both defendants and victims at PFA hearings. We appreciate the need for a PFA Order in true cases of domestic abuse, and we understand how the PFA system itself is sometimes abused by people seeking leverage in child custody or divorce matters.

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