Spivak Law Firm

Based in Pittsburgh, PA

412-344-4900

Spivak Law Firm is BBB Accredited

Best PFA Lawyer Pittsburgh PA

Served with a PFA?

PFA Pic1If you’ve been served with a Protection from Abuse (PFA) order, you should begin preparing your defense immediately, as your PFA hearing will likely occur within just 10 days.

Spivak Law Firm provides strong, aggressive defense at PFA hearings in Pittsburgh and all surrounding counties, including: Allegheny County, Beaver County, Butler County, Fayette County, Indiana County, Washington County, and Westmoreland County. We work hard to protect your reputation, your job, and your child custody rights.

If you’re served with a PFA, we recommend taking the following actions:

  • Call Spivak Law Firm for a free consultation.
  • Avoid all contact with the plaintiff.
  • Collect documentary evidence such as texts, emails, and photographs for your defense.

Served with a PFA? Call Spivak Law Firm today at (412) 344-4900 or toll free at (800) 545-9390.

Domestic Violence on Thanksgiving

Worried man

Police frequently receive an increase in domestic violence calls and family feuds on Thanksgiving.

Holidays can be stressful. Family tension mixed with alcohol can lead to dangerous situations.

Domestic-violence experts recommend identifying easy exits and establishing code words with children who can run to neighbors for help if problems escalate.

If things get out of hand verbally or physically, don’t hesitate to leave the family gathering earlier than planned.

Spivak Law Firm provides aggressive representation for plaintiffs and defendants at PFA hearings and all criminal domestic-violence cases. Call us at (412) 344-4900 or toll free at (800) 545-9390.

Spivak Law Firm In Pittsburgh Post-Gazette

TS Headshot - FINALThe Pittsburgh Post-Gazette has again featured Attorney Todd Spivak, owner of Spivak Law Firm, as an authority in Protection From Abuse (PFA) and child custody law in Pennsylvania.

In Crack Down on Domestic Violence in Allegheny County, Attorney Spivak addresses the issue of Allegheny County registering more domestic-violence fatalities than any other Pennsylvania county. The article focuses specifically on the grisly death of Pittsburgh resident Maureen Karr that occurred over the holidays, and calls for increased judicial involvement at PFA hearings.

In Improve Pennsylvania’s Domestic-Abuse Law, Attorney Spivak proposes ways to fix Pennsylvania’s PFA law to limit false claims of abuse. His recommendations include criminally prosecuting filers of bogus PFA petitions and removing PFA records from the public database if the order is withdrawn or dismissed.

In Child Custody For Rapists?, Attorney Spivak exposes a loophole in Pennsylvania law that enables men who father children through rape to assert child custody and visitation rights. The Pennsylvania legislature may make it easier for a woman who has become pregnant as a result of rape to have her assaulter’s parental rights terminated while maintaining his duty to pay child support.

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

Crack Down on Domestic Violence In Pittsburgh

PFA Pic9The Pittsburgh Post-Gazette published the following article by Attorney Todd Spivak, owner of Spivak Law Firm, which handles all areas of family law and criminal defense with an emphasis on child custody and Protection From Abuse (PFA).

Maureen Karr got a temporary protection-from-abuse order against her husband on grounds that he threatened to burn their house down. Two weeks later, according to police, James Karr made good on his promise and his wife died in the fire.

In Pennsylvania, more than 150 people die every year from incidents involving domestic violence. Astonishingly, Allegheny County for two straight years has tallied more domestic-violence fatalities than any other Pennsylvania county, even Philadelphia. In 2013, there were 28 domestic-violence related deaths in Allegheny County, representing nearly one-fifth of such fatalities statewide, according to the Pennsylvania Coalition Against Domestic Violence.

“Some conclude that PFAs are useless, that they’re just a piece of paper,” says Spenser Baca, a third-year student at the University of Pittsburgh School of Law who represented Maureen Karr at a PFA hearing hours before she was killed. “But PFAs help the majority of clients.”

In December, after 14 years of marriage, Maureen Karr told her husband she wanted a divorce. According to her PFA order, James Karr flipped out: he broke her stuff, slashed her car tires and threatened to set fire to their home in Duquesne. Ms. Karr took refuge at a neighbor’s house and called police. James Karr was arrested, briefly incarcerated and charged with public intoxication.

Charges of harassment and terroristic threats would have served Ms. Karr better. James Karr’s bond conditions did not even include a restraining order.

So, on Dec. 15, Maureen Karr obtained the temporary order that evicted her husband from their home and prohibited all contact. “He was threatening to set the house on fire,” Maureen hand-wrote in the PFA petition.

Similarly, last September, Nancy Bour of Ross Township wrote on a PFA petition against her husband: “Threatened to burn the house down if I try to get divorce.” The next day, according to police, Thomas Bour poured gasoline on their house and set it ablaze. Thomas Bour faces trial next month on multiple felony charges of arson and risking catastrophe.

Defendants always make threats,” says Mr. Baca. “It’s surreal when they make true on their threats.”

On Dec. 29, Maureen and James Karr appeared separately on the third floor of family court Downtown. Ms. Karr sought a final PFA order lasting three years — the maximum allowed under Pennsylvania law. But a hearing never occurred, as the defendant suddenly dropped to the floor and convulsed violently. Although James Karr receives disability benefits based on a seizure disorder, Mr. Baca suspects he faked a seizure to avoid the hearing. The parties left the courthouse without even seeing a judge.

In Allegheny County, court administrators estimate that only 5 percent of PFA cases ever go before a judge for a final hearing. Attorneys frequently work out agreements and draft court orders signed by the parties. An administrator will stamp a judge’s signature on them, but there is no direct judicial involvement whatsoever in the vast majority of cases.

Other counties surrounding Pittsburgh handle PFA cases differently. For instance, Westmoreland County judges insist that all parties appear before a judge regardless of how the case is resolved. It’s impossible to know if a judge’s finger-wagging lecture or threat of grave consequences for another infraction would have saved Maureen Karr’s life, but it might have. Allegheny County’s practice of letting administrators stamp court orders must stop.

Moreover, to promote consistency, Allegheny County should have specialized judges with extensive domestic-violence training to handle all PFA hearings. That’s how PFA cases are handled in Philadelphia County, which saw its number of domestic-violence fatalities drop by 33 percent last year.

This is also how things are done across the street in criminal court, where just two judges oversee all of Allegheny County’s domestic-violence cases. But for PFA hearings, 17 family court judges and three senior judges take turns, ensuring an egregious lack of consistency in court rulings.

On Dec. 30, just hours after appearing in court, James Karr showed up at the couple’s red-brick house set on an orange-brick street. The temporary PFA order remained in place, but, according to police, James Karr went in, slammed his wife’s head against a wall, knocking her unconscious, then tied her wrists with floral wire used for making Christmas wreaths, doused her with her favorite Smirnoff vanilla-flavored vodka and lit a match.

Maureen Karr died from smoke inhalation and carbon-monoxide poisoning. James Karr, a South Park native, has been charged with criminal homicide and aggravated arson. The Allegheny County district attorney’s office plans to argue for the death penalty.

It is impossible to know if Maureen Karr’s death might have been prevented. But immediate action should be taken to curb the number of domestic-violence fatalities in Allegheny County. Increased involvement at PFA hearings by judges with advanced training in domestic-violence cases, and the tougher rulings that likely would result, could make the difference.

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

Will Police Enforce A Child Custody Order?

Family Pic5If your ex violates a child custody order, the police generally will not get involved. Instead, you can file a motion for contempt requesting a hearing, have a mini-trial on whether the other parent really was in contempt, and then, if you win, receive make-up time with your child and maybe some money for your attorney’s fees.

In other words, the relief is limited and may take a long time to achieve.

But that changes if the child custody arrangement is part of a Protection From Abuse (PFA) Order. In such cases, the defendant may be arrested for simply not showing up at a scheduled custody exchange.

Spivak Law Firm provides strong, aggressive representation for plaintiffs and defendants in all PFA and child custody matters.

If you are a PFA defendant, we help assert your child custody rights while also working to ensure that you’re not arrested for violating the restraining order.

If you are a PFA plaintiff, we can help to maximize your child custody time while also working to ensure that you and your child receive the protection you require.

Call Spivak Law Firm today for a free consultation at (412) 344-4900 or toll free at (800) 545-9390.

Don’t Let A PFA Stop You From Being A Parent

dandelion wishing blowing seedsUnder Pennsylvania law, you can file for custody even if there is a Protection From Abuse (PFA) restraining order against you. If the PFA does not allege abuse against a child, you may even be entitled to primary or shared custody.

If the PFA does include allegations of abuse against a child, you still may get time with your child depending on the circumstances. In such cases, there may be a period of time where your custody visits are supervised. But supervised custody tends to be temporary, so hang in there and you’ll eventually see your custody time increase.

Spivak Law Firm provides strong, compassionate, cost-effective representation in all PFA and child custody matters. We represent clients in Pittsburgh and all nearby counties including: Allegheny County, Beaver County, Butler County, Washington County, and Westmoreland County. Call us at (412) 344-4900 or toll free at (800) 545-9390.

In Her Own Words: PFA Contained Plea For Help

116926544On December 30, 2014, Pittsburgh resident James Karr tied up his estranged wife Maureen, doused her with vodka, and set her ablaze. “He was threatening to set the house on fire,” Maureen Karr wrote just two weeks earlier in a Temporary  Protection From Abuse (PFA) petition filed in Allegheny County.

Charged with homicide and arson, James Karr currently sits in Allegheny County Jail awaiting his preliminary hearing set for January 9th.

Below is a transcript of the Temporary PFA petition that Maureen Karr wrote out herself with a pen just two weeks before she burned to death:

Approximate Date and Time: 12-12-14 @ 7:00 a.m.

Place: 132 Friendship St., Duquesne, PA 15110

James [Karr] threw bottles out onto the street causing glass to go on sidewalk & street. He was threatening to set the house on fire. After I fleed [sic] the house to a neighbors. We witnessed him going outside & stabbing my tires flattening all 4. James then pulled car window down & threw sewing machine & ceiling fan on the street. He called police stating I threw the bottles. While talking with 911 police came & handcuffed James & took him from the premises as he was still outside. He was later 302’d to the hospital. Have received numerous harassing & name calling phone calls[….]

Describe Any Prior Incidents Of AbuseJames becomes irrate [sic] & flips out breaking items in the home. About 3 years ago had a PFA against him because he pulled me down the steps causing me to fall down last two steps injuring my ribs & hip.

Spivak Law Firm provides strong, aggressive representation for plaintiffs and defendants in all domestic violence matters, including PFA, child custody, criminal, and CYF. Call us at (412) 344-4900 or toll free at (800) 545-9390.