Dormont Divorce Lawyer
Comic Bill Burr Riffs On Domestic Violence
Domestic violence is no laughing matter – except in the hands of comedian Bill Burr, who will be performing two sets in Pittsburgh this week at Heinz Hall.
Here’s an excerpt from the funnyman’s 2012 special You People Are All The Same:
“Obviously I’m not saying to hit a woman, you know. But saying there’s no reason, I think that’s crazy.
When you say there’s no reason, that kills any sort of examination as to how two people ended up at that place. You say there’s no reason, you cut out the build-up; you’re just left with the act. How are you gonna solve it if you don’t figure it out?
Look how awkward it is in here right now. I said you shouldn’t hit a woman. I’m just saying, how come you can’t ask questions? You can only ask questions about what the guy did. You can never about the woman. Why is that?
Look, I understand hitting a woman’s a bad thing, okay. How come you can’t ask questions? I just don’t understand.
Like, if I got bit by a rattlesnake, wouldn’t you guys have some questions? Right, how did it happen? Did you not see it? Were you [messing] with it? How did a snake get so mad it almost killed you?
Firemen put out a fire, they don’t just drive away afterward. They sift through the debris. How did it start? Here’s an oily rag! Right?
Look I realize I’m coming off pretty ignorant right about now. I realize that. Let me extend an olive branch then, okay?
I realize that there are some animal guys out there. Horrible guys, you know, have a rough day at the factory, come home – ‘tuna casserole?’ – and just start swinging, all right? I’m not trying to say that those people don’t exist. I realize that they exist. They should be buried underneath the prison. Okay?
So if I can admit that, ladies, can you at least admit that every ass-kicking doesn’t just fall out of the freakin’ sky? Really?
Even hockey has two minutes for instigating!”
Spivak Law Firm handles all family law and criminal defense matters with a focus on domestic-violence issues. For a free consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
The Needs and Rights of Children
Ideally children should be parented cooperatively. They should be permitted and encouraged to form the best possible relationship with both parents and develop health connections with the families of both parents as well. If children feel safe and secure in their primary relationships, they are likely to be successful, happy, and well-adjusted. The goal is to establish a base from which children can continue their uninterrupted healthy growth patterns.
Every child has the right to:
- Develop a relationship with both parents
- Exist in a world free of parent-driven conflict
- Go back and forth to visit freely between both parents
- Spend time and engage in activities with both parents
- Have a comfortable and safe space in both homes
- Expect consistent behavior from both parents
- Have the major issues (medical, legal, educational) shared with both parents
- Not ever be put in a position to choose between their parents
- Sometimes make their own choices and to be heard
- Be a child
To speak with an experienced child custody attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
A Parent’s Responsibilities
Every parent has the responsibility to:
- Engage in the best possible cooperative parenting partnership
- Encourage and promote their children’s relationship with the other parent
- Make and keep appropriate custody and visitation schedules
- Develop their own parenting style and not deliberately interfere with the other parent’s parenting
- Provide private and comfortable space for their children in their home
- Provide good, safe, and appropriate child-care when parents cannot be available
- Communicate with the other parent about legal, educational, medical, and financial needs
- Support their children’s participation in educational or extra-curricular and community activities
Spivak Law Firm provides strong, compassionate representation in all child custody matters. To speak with an experienced family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Spanking Kids Yields Negative Results
Although some 80 percent of American parents spank their kids, the use of corporal punishment as a method of behavior modification is not supported by the American Academy of Child and Adolescent Psychiatry.
Extensive research demonstrates that although corporal punishment may have a high rate of immediate behavior modification, it is ineffective over time, and is associated with increased aggression and decreased moral internalization of appropriate behavior. Additional negative outcomes associated with corporal punishment are:
- Increased risk for physical abuse
- Learning that aggression is an acceptable method of problem solving
- Experiencing physical and emotional pain, which decreases learning capacity
- Being less likely to learn why a certain behavior or action was wrong
- Behaving out of fear in the future
Alternatively, parenting programs recommend appropriate limit setting and use of praise to increase positive behaviors, decreasing hostile or coercive family interactions, and enhanced problem solving. These techniques tend to improve the parent-child relationship and decrease the need or utility of corporal punishment.
Spivak Law Firm handles all family law matters with a focus on child custody. Call us at (412) 344-4900 or toll free at (800) 545-9390.
What To Expect At Child Custody Mediation
In Allegheny County, any parent who files for child custody must participate in the Generations program, a two-part alternative dispute resolution program administered by the Child Custody Department. Step one is an education seminar. Step two is a mediation session.
Below is information on the Generations mediation session:
- The mediation is a opportunity for parties to negotiate a detailed, workable parenting agreement outlined in an informal agreement called a Memorandum of Understanding. Only the parents are permitted in the mediation session – neither children nor attorneys may attend.
- The mediation session is approximately two hours in length.
- The mediation session is conducted at the child Custody Department on the first floor of the Family Law Center located in downtown Pittsburgh at 440 Ross Street.
- The mediation session is mandatory. If you fail to attend the mediation session, the custody action may be dismissed or you may be held in contempt of court for not following the scheduling order. Failure to appear at a contempt hearing may result in the issuance of a custody order and/or a bench warrant for your arrest.
- If you have been the victim of domestic violence, you may complete and file a domestic violence waiver and bring it to the Child Custody Department. You will then receive an order of court canceling the mediation session and scheduling a conciliation session instead.
- If you and the other party have agreed to a parenting plan at the completion of your mediation session, you may: complete a Memorandum of Understanding, consult with you attorneys, or have the agreement turned into a legally binding, fully enforceable court order by a domestic relations officer, if available (this option will dispose of the custody action and you will go no further into the court system).
- If you do not agree after your mediation session, you can request a conciliation date at the Child Custody Department window or pursue additional mediation sessions privately with your mediator.
Spivak Law Firm provides strong, compassionate, cost-effective representation in all child custody matters. Call us at (412) 344-4900 or toll free at (800) 545-9390.
Spivak Law Firm In Pittsburgh Post-Gazette
The 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.
PFA Violations And Child Custody
Violating a Protection From Abuse (PFA) Order by contacting the victim can land you in jail for up to six months. But what about violating the custody provision contained in a PFA? You can be arrested for that, too.
For instance, let’s say your PFA Order grants you supervised custody only. If you are seen alone with the child, you may be arrested and charged with Indirect Criminal Contempt (ICC).
Or, for example, if you withhold the child by not showing up at a custody exchange per the PFA Order, you may face criminal charges.
Spivak Law Firm provides strong, aggressive representation for plaintiffs and defendants in all PFA and child custody cases. Call us at (412) 344-4900 or toll free at (800) 545-9390.
Ask For A PFA And You’ll Likely Get One
If you ask for a Protection From Abuse (PFA) Order, chances are you will get one. In Pittsburgh and all surrounding counties, judges grant more than 90 percent of all Emergency and Temporary PFA Orders.
Why?
Because no judge wants to flip on the news the next day to find out that the person who was denied a restraining order was killed.
If you are the victim of abuse seeking strong, compassionate representation by an experienced PFA attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Don’t Let A PFA Stop You From Being A Parent
Under 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
On 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 Abuse: James 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.