Dormont Family Law
What to Expect At Your Child Support Hearing
In Allegheny County, many people resolve child support issues without need for a hearing. Parties first disclose their income and expenses to a domestic-relations officer usually in a small office or cubicle. The officer will usually run calculations based on state support guidelines established by the Pennsylvania Legislature. The parties then have an opportunity to reach an agreement as to the amount of support, if any. The officer at this first level does not have authority to enter a recommendation.
If the parties do not reach agreement, they will attend a hearing on the same day. The hearing is a mini-trial in which each party is sworn under oath and permitted to testify, introduce evidence, and cross-examine one another. The hearing officer will hear testimony, accept evidence, and issue a recommendation within 30 days. If either party is dissatisfied with the recommendation, he or she may file an appeal known as exceptions to be reviewed by the judge assigned to the case.
For more information, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
“The Terror Is Constant”
The following is the third of three excerpts from a recent column by Nancy Eshelman of the Patriot-News in Central Pennsylvania. Ms. Eshelman’s husband was convicted of voluntary manslaughter in a domestic violence related incident.
“For a domestic violence victim, the feeling of vulnerability increases after she makes the break. She knows he is angry and she waits for him to show it.
Walking to the mail box, taking out the trash, working in the yard become terrifying. The prospect of unloading groceries from her trunk causes her to sweat.
She drives everywhere with one eye in the rear view mirror and her car doors locked. She never exits the car without her house keys in her hand.
She burns too many lights. She looks out the windows. She wonders if she frantically dials 911 how long a response would take. She asks herself repeatedly which direction she would run if she saw him approaching.
The terror is constant. It takes a toll, physically and mentally.
And for too many women, the threat becomes all too real.”
Spivak Law Firm provides strong, compassionate representation in PFA and criminal domestic-violence cases. For a free consultation, call us at (412) 344-4900 or toll free at (800) 545-9390.
“It’s All About Power And Control”
The following is the first of three excerpts from a recent column by Nancy Eshelman of the Patriot-News in Central Pennsylvania. Ms. Eshelman’s husband was convicted of voluntary manslaughter in a domestic violence related incident.
“In early 1979, my estranged husband climbed a trellis, peered into my windows and saw me watching TV with a male co-worker. He tore out of the parking lot in his Jeep, sped the few blocks to his home and grabbed his gun. He raced back to my apartment – where our children were sleeping – smashed a window, bounded up a flight of stairs and pointed a gun in my face.
Then he wheeled around, strode a few steps and shot my co-worker dead.
My ex got his jollies by belittling others: me, my kids, his mother, anyone he saw as weaker.
When I could no longer tolerate what his harassment was doing to me and my children, I prepared to leave. I did it the right way: I told him why, told him when, told him where, gave him access to his kids.
He stalked me. They didn’t use that term in 1979, but that’s what it was. Wherever I went, he’d pop up. He’d call me a dozen times a night. When he brought the kids home, he thought that entitled him to enter the apartment where the boys and I lived. When I objected, he shoved me down a flight of stairs.
Almost 35 years later, I’m still delivering the message that possession isn’t romantic, despite what we may see in movies. It isn’t pretty, and it certainly isn’t love. It’s all about power and control.”
Spivak Law Firm provides strong, compassionate representation in PFA and criminal domestic-violence cases. For a free consultation, call us at (412) 344-4900 or toll free at (800) 545-9390.
High Conflict Child Custody Cases
In Allegheny County, parents are strongly encouraged to determine their own child custody schedules. In most cases, with the help of family law attorneys and court-appointed mediators, parents are able to reach agreement on how to divide time with their children.
But high-conflict custody cases often cannot be resolved through negotiation. Parents with serious communication problems and high levels of anger and distrust may take their cases to trial.
At Spivak Law Firm, we are effective negotiators who help parents craft their own child custody orders. We are also trained trial lawyers experienced at aggressively litigating cases to reach our client’s goals.
For a free consultation with an experienced child custody lawyer, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
What To Write On Your PFA Petition
Applying for a Protection From Abuse (PFA) Order can be a confusing and even scary process. The PFA Act says that you must prove to the court that you have been abused, as described in the categories below. Abuse can take many forms, including economic, emotional, and psychological, and you can write about those, too.
Note: The defendant will receive a copy of the petition. It will also be available as a public record at your county courthouse.
In your PFA petition, you can describe any of the following, if they happened to you:
- “Acts that cause bodily injury or serious bodily injury and/or sexual offenses.” These include hitting, punching, slapping, pushing, strangling, chocking, forcing sex or attempting to do any of these things.
- “Putting another person in reasonable fear of imminent serious bodily injury.” This refers to making threats to harm or kill you, your family, your children, or your pets.
- “False imprisonment.” This includes restraining your movement or holding you down.
- “Physical or sexual abuse of minor children.” This includes corporal punishment or spanking that leaves marks or requires medical attention.
- “A course of conduct or repeatedly committing acts toward another that put the person in reasonable fear of bodily injury.” This includes sending threatening emails, following you, repeatedly calling you on the phone, and showing up at your residence, workplace, or school.
Spivak Law Firm provides strong, compassionate representation for plaintiffs and defendants at PFA hearings in Pittsburgh and all nearby counties, including: Allegheny County, Beaver County, Butler County, Fayette County, Indiana County, Washington County, and Westmoreland County.
To speak with an experienced PFA attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Shared Custody Requires Good Communication
In Allegheny County, it is presumed that parents will share legal custody of their children. Legal custody refers to major decisions involving the child, such as medical, educational, and religious.
Parents who share legal custody are encouraged to engage in unemotional communication when keeping one another informed about their children and making joint decisions about them.
This does not mean that you and the other parent will necessarily agree on issues. It does mean that making such decisions should not interfere with your ability to work together.
Old “hot-buttons” can change the focus of effective communication to destructive, unproductive arguments. Effective communication is not about winning or revenge, but rather a fundamental pathway to working cooperatively together.
To speak with an experienced child custody attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
PFAs Granted For Roommates, Lovers, Relatives
You can only get a Protection From Abuse (PFA) order against someone you’re related to, right?
Wrong!
Pennsylvania law states that a PFA can be granted against “family or household members, sexual or intimate partners, or persons who share biological parenthood.”
Thus, you can get a PFA against your roommate, your boyfriend/girlfriend, your brother/sister, your parent, your child, or your spouse.
In some states, like California, a person can get a restraining order against a stranger. For instance, movie stars sometimes resort to such orders to prevent stalking by fans. Pennsylvania law does not go that far.
Spivak Law Firm provides strong, aggressive advocacy for plaintiffs and defendants in PFA cases in Pittsburgh and all nearby counties, including: Allegheny County, Washington County, Beaver County, Butler County, Westmoreland County, Indiana County, Clarion County, and Fayette County. To speak with an experienced PFA attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Violating A PFA Order Brings Criminal Charges
Police may arrest a defendant without a warrant for violating a Protection From Abuse (PFA) Order based on probable cause even if the police did not witness the violation.
Probable cause may consist of verifying a valid PFA Order and the credible statement of the victim.
A Defendant who is arrested for violating a PFA Order will be arraigned on the charge of Indirect Criminal Contempt (ICC) by the magisterial district judge who has jurisdiction.
The burden of proof required in an ICC hearing is “proof beyond a reasonable doubt.” Punishment for violating a PFA Order is a maximum of six months in jail and a $1,000 fine.
To speak with an experienced PFA defense attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Child Custody in Allegheny County (Part 6 of 7)
In Allegheny County, any person involved in a child custody dispute must enroll in Generations, an alternative dispute resolution program that includes an educational seminar and mediation session. To learn about the educational seminar, please click here. To learn about the mediation session, please click here. To learn about waiving the mediation session due to issues of domestic violence, please click here. To learn about the custody conciliation, please click here. To learn about psychological/home evaluations, please click here.
If you and the other party are unable to come to an agreement at the custody conciliation, you may be ordered to appear at a partial custody hearing. A party requests a partial custody hearing after an unsuccessful conciliation by filing a praecipe at the Child Custody Department.
Cases heard by the Partial Custody Hearing Officer involve matters dealing with partial custody/visitation only. In order to proceed to a partial custody hearing, you must prepare and file a pre-trial statement ten days in advance of the hearing date. The original must be filed with the Department of Court Records, a copy must be served on the other side and opposing counsel if represented, and a copy must be delivered to the Custody Department.
The pre-trial statement shall include the following: a narrative statement of the facts, which will be proven; the current custody schedule; the name of each person whom you intend to call at trial as witnesses, including experts, and a report from each of the listed expert witnesses; a list identifying all of the exhibits, which you plan to offer into evidence; a proposed partial custody schedule and proposed order.
At the time of the hearing, you may bring an attorney if you are represented. The parties may come to an agreement; if not, the Partial Custody Hearing Officer will issue a report, recommendation, and interim order to both parties. If neither party files exceptions within twenty days, the order will become final.
To speak with an experienced Allegheny County child custody attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Who Can File for Child Custody in Pennsylvania?
To seek custody rights over a minor child, a person must have “legal standing.” A child’s biological parents have legal standing to file a custody action. Who else can file for custody? A person who has acted as a parent to the child and taken on the responsibilities of parenthood for a period of time may have legal standing. Additionally, grandparents may have legal standing to seek custody of their minor grandchildren in limited circumstances as described here.
Spivak Law Firm provides strong, compassionate representation in child custody matters. To schedule a free consultation with an experienced family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.