Best PFA Lawyer In Pittsburgh
Child Custody and Abuse Allegations
Allegations of sexual or physical abuse of a child may complicate a child custody case.
Courts take child abuse allegations very seriously, often prompting Child, Youth, and Family (CYF) Services investigations and forensic evaluations by medical professionals and law enforcement.
The alleged perpetrator, victim, and relevant third parties are all interviewed.
If the allegations are determined to be “unfounded,” evaluators and caseworkers make recommendations that often include family counseling.
It could take months for CYF to make final determinations, and a court will likely restrict your custody rights during that time.
Spivak Law Firm provides strong, effective advocacy for people facing child abuse allegations.
To speak with an attorney experienced in family law and criminal defense, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Crime Victims’ Rights in Pennsylvania
Under Pennsylvania law, crime victims have the right to:
- Be notified of significant actions and proceedings pertaining to their case
- Have a victim advocate providing support at proceedings
- Submit a victim impact statement prior to the sentencing of a defendant
- Receive restitution and the return of seized property
Enacted in 1998, the Pennsylvania Crime Victims Act includes a section titled the Crime Victims Bill of Rights.
Today, Pennsylvania lawmakers are considering whether to enshrine the rights of crime victims in the state’s constitution under Marsy’s Law.
Based in Pittsburgh, Spivak Law Firm handles all family law and criminal defense matters.
To schedule a consultation, call us at (412) 344-4900 or toll free at (800) 545-9390.
Plea Deals in Criminal Cases
People facing criminal charges accept a plea agreement more than ninety percent of the time.
In exchange for a guilty plea, some of the charges may be dropped or reduced. In some cases, the deal may include a recommendation for probation rather than incarceration.
Domestic violence cases usually involve charges of assault, harassment, terroristic threats, reckless endangerment, strangulation and stalking.
Typical plea deals involving such charges may include: reducing misdemeanor charges to a summary conviction if the defendant:
- Undergoes a substance-abuse evaluation
- Undergoes a mental-health evaluation
- Completes anger management or batterers-intervention classes
- Avoids abusive contact with the victim for a period of time
- Avoids negative police contact for a period of time
Spivak Law Firm handles all areas of criminal defense with a special focus on domestic-violence defense. We successfully resolve many cases through plea deals at preliminary hearings and pretrial conferences.
For more information, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Harsh Sentences For PFA Violations
People accused of violating Protection From Abuse (PFA) orders face stiff penalties.
A PFA prohibits all contact between a defendant and the person alleging abuse. A Final PFA hearing is usually scheduled within 10 days after the Temporary PFA is issued.
If you are accused of violating a Temporary PFA Order, the case will likely be heard before a family-court judge.
But if you are accused of violating a Final PFA Order, the case will likely be heard before a criminal-court judge.
The official charge for violating a PFA is known as Indirect Criminal Contempt (ICC).
An ICC conviction carries a possible penalty of six months in jail and a $1,000 fine.
Spivak Law Firm routinely handles PFA and ICC hearings. To schedule a free consultation, call us at (412) 344-4900 or toll free at (800) 545-9390.
PFA and Financial Help
In Pennsylvania, courts can award financial assistance at Protection From Abuse (PFA) hearings.
More than 70 percent of women surveyed at domestic-violence shelters reported that they stayed with an abuser longer because they could not afford to leave, according to a Mary Kay Foundation report.
Perpetrators of domestic abuse frequently use financial manipulation to torment and control their victims.
While some states offer unemployment-insurance benefits to domestic violence and stalking victims who have to quit their jobs and relocate, many states don’t have any form of financial assistance.
Spivak Law Firm handles all areas of family law and criminal defense with a special focus on PFA and child custody. Call us at (412) 344-4900 or toll free at (800) 545-9390.
PFA And Divorce: Date Of Separation
The filing of a Protection From Abuse (PFA) petition against a married partner may be the first step toward divorce.
If so, the PFA will usually as a clear date of separation when the couple stopped living together.
This may prove important, as divorce laws in Pennsylvania permit a spouse to delay the divorce process by a year.
The filing of a PFA often starts the clock on the one-year waiting period.
Spivak Law Firm handles all areas of family law, including: divorce, child custody, child support, spousal support, and PFAs.
To schedule a consultation with an experienced family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Pennsylvania Law Affects Gun Owners
In Pennsylvania, people convicted of misdemeanor domestic-violence crimes will be required to relinquish their guns to police within 24 hours.
The new law applies to people convicted of:
- Simple Assault
- Terroristic Threats
- Aggravated Assault
- Endangering The Welfare of A Child
- Recklessly Endangering Another Person
- Child Abuse
- Stalking
- Harassment
The new law could have a devastating impact on people whose livelihoods depend on the ability to carry a firearm such as police officers and other law-enforcement officials.
Spivak Law Firm provides strong, aggressive defense for people accused of domestic abuse. For a free consultation, call us at (412) 344-4900 or toll free at (800) 545-9390.
Spotting Signs of Abuse
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.
Probation v. Parole
Probation and parole are two terms that are commonly misused. Probation is given instead of a prison sentence, while parole is something granted to prisoners as a reward for good behavior.
Probation allows a person convicted of a crime to avoid jail as long as he or she follows certain conditions set by the court. Such conditions commonly include remaining employed, abiding by a curfew, and submitting to drug and alcohol tests. Parole, meanwhile, refers to the early release of a prisoner who promises to follow certain restrictions.
Violating your probation or parole can land you in jail or even extend your punishment. At Spivak Law Firm, we aim to keep you out of jail and avoid additional penalties. To learn more, call us at (412) 344-4900 or toll free at (800) 545-9390.
Underage Drinking and License Suspension
Underage drinking is a criminal offense in Pennsylvania punishable by up to three months in jail.
The legal age for buying, drinking, possessing or transporting alcohol in Pennsylvania is 21-years-old.
The mere attempt to purchase alcohol may result in a summary offense if you’re underage.
Additionally, the Department of Transportation may suspend the defendant’s driver’s license even if there was no car involved.
A first conviction will result in a 30-day suspension of driving privileges; a second conviction will result in a 1-year suspension; and any additional convictions will result in a 2-year suspension.
For a free consultation with an experienced criminal defense attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.