Mt. Lebanon Family Law
Are PFA Hearings Fair?
If you’re a victim of domestic abuse, you can get a Temporary Protection From Abuse (PFA) Order against your abuser simply by telling your situation to a judge at an ex parte hearing. The alleged abuser receives no notice and may not attend the hearing.
Is this fair?
For true victims of domestic abuse, an ex parte hearing is often necessary to escape a violent relationship. But it is commonly known among family law professionals that many people abuse the PFA system just to gain leverage in child custody and divorce.
To speak with an experienced PFA attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Divorce: Living Separately Under One Roof
Given today’s economic realities, it is not at all uncommon for married couples to continue living together even after separating and heading toward divorce.
After all, many families struggle to keep up with their expenses in one household. Taking on a second mortgage or another monthly rental payment may not be an option.
Even if the parties still live together, it is possible to establish a date of separation for purposes of divorce so long as the parties:
- Separate bank accounts. The parties should separate their finances by opening individual bank accounts.
- Abstain from marital sex. The parties should no longer share a bedroom or bed.
- Do not hold themselves out as married. The parties should refrain from describing themselves as a married couple to others in the community.
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.
Reduce Waiting Period for Divorce
If one spouse does not consent to a divorce, then the spouse seeking the divorce must wait two years before requesting a final decree. Currently Pennsylvania is considering legislation to reduce the waiting period for a contested divorce to one year.
Pennsylvania House Bill 380 calls for reducing the waiting period for a no-fault divorce based on separation from two years to one.
Proponents of the legislation say that expediting divorce will enable courts to focus greater attention on child custody disputes.
“Where the divorce is inevitable,” attorney Maryann Modesti testified at a recent meeting of the Pennsylvania House Judiciary Committee, “allowing the family to focus on the challenge of co-parenting as divorced parents is better than the emotional toll of a delay in the divorce litigation.”
Currently many other states impose a short waiting period than two years. For instance: Maryland has a one-year waiting period; New York has a six-month waiting period; and West Virginia imposes no waiting period at all.
To speak with an experienced Pittsburgh family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
PFA Hearings and Constitutional Rights
A bogus PFA wreaks havoc on a person’s life: it evicts you from your home, restricts you from seeing your kids, and subjects you to possible arrest for the mere accusation of violating the no-contact order.
In Pennsylvania, a Final PFA Hearing generally occurs within 10 days after issuance of the Temporary PFA Order.
A Final PFA Hearing must occur shortly after the Temporary PFA Order gets issued because ex parte orders are limited by the Constitution. The due process clause of the Fifth and Fourteenth Amendments provide that a person shall not be deprived of liberty or property without adequate notice and an opportunity to be heard.
Spivak Law Firm provides strong, aggressive representation at PFA hearings in Pittsburgh and all surrounding counties: Allegheny County, Beaver County, Butler County, Washington County, and Westmoreland County. For a free consultation, call us at (412) 344-4900 or toll free at (800) 545-9390.
“I Still Shiver From The Fear”
The following is the second 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.
“The terror is constant. It takes a toll, physically and mentally.
If I think about it, and I try not to, I still shiver from the fear.
Night after night, unable to sleep, convinced that every passing car, every tree branch blowing in the wind is him.
For a victim of domestic violence, peace is elusive, sleep unknown.
I recall rushing home from work and taking a shower because somehow being naked and alone in the bathroom felt less vulnerable in daylight.
The victim longs to feel normal, but normal is no longer part of her existence.
If she’s a mother, she strives to create a semblance of normalcy for her kids. She helps with homework, but can’t concentrate. She attends their activities, but often misses the action.
Instead of watching her son running up and down the basketball court, she’s scanning the stands, terrified she will see that face, the one that haunts her.
As one woman described it, ‘You become like a guerilla warrior – constantly scanning your surroundings, looking over your shoulder, and jumping at every sound.’
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.
Why You Need A Child Custody Order
Q: My ex and I get along well. Do we need a child custody order?
A: Yes.
A child custody order is critical even for parents who communicate well and cooperate with one another. Without a court order, each parents risks enduring bad behavior by the other parent.
For instance, without a custody order, your ex may suddenly relocate to a new state or school district without seeking your consent. During holidays, especially, a custody order is critical if one parent unilaterally decides to withhold the child from the other parent.
A custody order is fully enforceable by a judge. Violating the order can result in make-up time with the children and sanctions such as attorney fees.
Even under the best-case scenarios where parents remain friendly, an enforceable child custody order is highly advisable. To speak with an experienced child custody attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
What’s In A Child Custody Order?
A child custody order can be short – as little as half a page – or very long – running many dozens of pages. Child custody orders typically direct how parents:
–Share responsibility for making major decisions that affect the children
–Share time with the children during the school year
–Share time with the children during the summer months
–Share time with the children during holidays and birthdays
–Communicate about the children
–Communicate their vacation plans
–Transport the children for custody exchanges
–Notify one another if they plan to relocate
Parents need not follow the order so long as they both agree to changes. But in the event parents disagree, the order provides a framework that enables them to co-parent effectively while minimizing conflict.
At Spivak Law Firm, we provide strong, compassionate representation in all child custody matters. Call Spivak Law Firm 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.
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.