Spivak Law Firm

Based in Pittsburgh, PA

412-344-4900

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Pgh PFA Lawyer

Domestic Violence Warning Signs

dv-pic5Domestic violence experts increasingly aim to identify “red flags” that often precede homicides and murder-suicides where abuse is present.

Warning signs include: strangulation, stalking behavior, sexual violence, gun possession, unemployment, substance abuse, and prior attempts by the victim to end the relationship.

Previous abuse by the suspect is the strongest of these “red flags,” according to experts.

Spivak Law Firm handles all areas of family law with a special focus on domestic violence and Protection From Abuse (PFA). Call us at (412) 344-4900 or toll free at (800) 545-9390.

4 Tips for PFA Defendants

PFA Pic1It is important to maintain your composure at your Final PFA hearing.

It will be difficult to remain calm while the opposing party makes allegations of abuse against you, but walking into a hearing with a bad attitude may affect the judge’s opinion of you and add to the plaintiff’s credibility – even if the allegations are false.

To avoid discrediting your version of events, follow these four tips at your PFA hearing:

  • Do not raise your voice in anger to the judge, your lawyer, or the other party;
  • Do not shake your head, roll your eyes, or laugh while the other party is speaking;
  • Do not interrupt the other party or the judge;
  • Do not make mean-spirited comments about the other party.

If you have been served with a PFA order, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Post-Gazette Features Spivak Law Firm

PFA Pic11The Pittsburgh Post-Gazette has once again featured Spivak Law Firm on issues involving family law and criminal defense.

The P-G recently published the article, Impoverished Parents Deserve Their Day In Court, written by Rebecca Canterbury, who will begin work at Spivak Law Firm as an associate attorney in the fall.

Attorney Todd Spivak, the owner of Spivak Law Firm and a two-time Pulitzer Prize nominee, assisted with writing and editing the article for publication.

The Post-Gazette routinely features Spivak Law Firm, publishing several articles of important legal commentary on child custody and Protection From Abuse (PFA) laws in Pennsylvania.

In Crack Down On Domestic Violence In Allegheny County, Attorney Spivak calls on Allegheny County to let specialized judges with extensive domestic-violence training oversee all PFA hearings.

In Improve Pennsylvania’s Domestic-Abuse Law, Attorney Spivak exposes the issue of bogus PFA orders and recommends ways to curb abuses in the system.

In Child Custody For Rapists, Attorney Spivak explains how rapists use family court to harass and intimidate their victims. Since the article’s publication, the Pennsylvania Legislature has taken action to safeguard the custody rights of rape victims.

Spivak Law Firm provides strong, compassionate, cost-effective representation in all family law and criminal defense matters. Call us at (412) 344-4900.

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 Penalties

DV Pic5Domestic violence experts say that strangulation is a strong indicator for future homicide.

In 2015, six people were strangled to death in Pennsylvania. Studies show that the odds of becoming a homicide victim increase dramatically for women who reported strangulation by a partner in the past.

Pennsylvania lawmakers are now considering a bill to establish a felony strangulation law. The bill would rank strangulation as a second-degree felony or a first-degree felony if the defendant is named in an active Protection From Abuse (PFA) Order, uses an instrument of crime, or has been previously convicted of strangulation.

Spivak Law Firm handles all matters of family law and criminal defense with a focus on domestic violence. Call us at (412) 344-4900 or toll free at (800) 545-9390.

Are PFA Hearings Fair?

BU010665If 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.

Spivak Law Firm Seeks PFA Reforms

PFA Pic1Attorney Todd Spivak recently participated on a panel at Duquesne University School of Law to advocate reforming Pennsylvania’s Protection From Abuse (PFA) laws.

A PFA, also commonly known as a restraining order, is a powerful tool that can evict you from your home, restrict you from your children, and prohibit you from possessing firearms.

Attorney Spivak has long advocated for reforming the PFA law to curb false claims of abuse. Proposals for reform include as follows:

  • Courts should make it easier to allow defendants to recover attorney fees when a PFA is withdrawn or dismissed.
  • District attorneys should criminally prosecute serial filers of bogus PFAs.
  • Temporary PFAs should be removed from the public database when a PFA is later withdrawn or dismissed.

Other panelists included Allegheny Court of Common Pleas Judge Kim D. Eaton and Attorney Tom Putinsky, winner of the Edgar G. O’Connor Fellows Award for outstanding public service.

Spivak Law Firm provides strong representation at PFA hearings for plaintiffs and defendants. To speak with an experienced PFA attorney, call Spivak Law Firm 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.

“The Terror Is Constant”

 

Conflict between man and woman

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”

 

Stay Away

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.