Spivak Law Firm

Based in Pittsburgh, PA

412-344-4900

Spivak Law Firm is BBB Accredited

Pgh PFA 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.

What Can I Ask For In A PFA?

Expunge Pic7In a Protection From Abuse (PFA) petition, you can ask the judge to:

  • Order the abuser to stop threatening, abusing, harassing or stalking you and your children
  • Have the abuser evicted from your joint home or excluded from your residence
  • Keep your new address or location confidential
  • Grant you temporary custody of your children
  • Grant you temporary child or spousal support as well as other reimbursements of out-of-pocket expenses that were caused by the abuser
  • Order the abuser not to have contact with you or your children, or family members
  • Restrict the abuser from contacting you at school or work
  • Order the abuser to turn over firearms to the sheriff
  • Order any other appropriate relief, for instance, requesting the return of your pet, car keys, important papers, etc.

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

Strong Defense at PFA Hearings

702075.TIFAttending a Protection From Abuse (PFA) hearing without an experienced attorney often proves disastrous for defendants. A PFA is a powerful tool that can evict you from your home, restrict your child-custody rights, and lead to your arrest based on a mere allegation of violating it.

In Pittsburgh and most surrounding counties, “victims” of domestic violence and child abuse get a “free” lawyer to help them obtain PFA orders.

But PFA defendants do not get a free lawyer. Many PFA defendants wrongly believe that they are entitled to a public defender. But a PFA is not a criminal matter, so public defenders generally cannot get involved.

A Final PFA Order will stay on your record for the rest of your life. It is a public record that may cause embarrassment, tarnish your reputation, and hurt your job opportunities.

Spivak Law Firm aims to provide the strongest possible defense at PFA hearings in Allegheny County, Beaver County, Butler County, Fayette County, Indiana County, Washington County, and Westmoreland County.

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

Are You A Victim Of Stalking?

PFA Pic2Stalking frequently occurs when someone tries to leave an abusive relationship. Statistics show that 60 percent of female stalking victims are stalked by their intimate partner.

If you are a victim of stalking, you may file a police report and/or obtain a Protection From Abuse (PFA) Order. It may also be helpful to have an attorney send the stalker a defiant trespass letter telling them that:

–You do not want contact with them

–You do not want them near your home, work, or school

Such a letter from an attorney is most effective if you can prove that the stalker received it and the police get a copy. If the stalking continues, you may then have a strong criminal case against your abuser for stalking, harassment, and defiant trespass.

Spivak Law Firm provides strong, aggressive representation for plaintiffs and defendants in all domestic violence matters, including: PFA hearings, criminal hearings, child custody hearings, and CYF hearings.

For a free consultation, call (412) 344-4900 or toll free at (800) 545-9390.

PFA: A Sword Or A Shield?

BU010665A Protection From Abuse (PFA) Order should be used as a shield not a sword.

It is commonly known that many people who seek the protections of a PFA are abusing the court system itself by seeking to gain leverage in child custody and divorce.

They may lie about abuse or greatly exaggerate the level of conflict.

After all, filing a PFA immediately evicts the “abuser” from the home. So if you want your spouse out of the house, a PFA is the fastest, cheapest, and easiest way to do it.

And if you want primary custody of your children, a PFA is the fastest, cheapest, and easiest way to get it.

But judges in Allegheny County and throughout Western Pennsylvania have zero tolerance for people who obtain PFA Orders to gain such advantages.

A PFA is meant to serve as a shield offering protections for people who have been physically or sexually abused.

A PFA should not be used as a sword to inflict pain or otherwise gain advantages in family court.

Based in Pittsburgh, Spivak Law Firm provides aggressive representation in PFA hearings. Call us at (412) 344-4900 or toll free at (800) 545-9390.

Spanking Kids Yields Negative Results

Custody Pic3Although 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.

Stop False Reports To Child Abuse Hotlines

Little girl wearing sundress holding flowersPeople engaged in child custody battles can exploit child abuse hotlines by falsely reporting abuse in an effort to gain leverage in Court.

The public should not be allowed to make anonymous reports to child abuse hotlines, as these calls can result in innocent parents losing their kids, according to family law professor Dale Margolin Cecka of the University of Richmond.

A study of anonymous public reports found that nationally, only 1.5 percent of all reports are both anonymous and substantiated.

Professor Cecka distinguishes between the criminal justice system and Child Protective Services:

“The criminal justice system does not permit lay people to make completely anonymous reports. Before arresting or detaining anyone on the basis of an anonymous tip, police must also corroborate aspects of the allegation made by the confidential caller.”

Child Protective Services, meanwhile, “has an opposite mandate: It must visit a home after an anonymous call, if the allegations meet the legal definition of ‘abuse’ or ‘neglect.’”

The public should never be allowed to anonymously call a child abuse hotline, Professor Cecka concludes.

Spivak Law Firm provides aggressive representation in all high-conflict child custody and child abuse cases. To schedule a free consultation, call (412) 344-4900 or toll free at (800) 545-9390.

Bring Evidence to Your PFA Hearing

DV Pic9In your Protection From Abuse (PFA) petition, write clearly and in detail what happened and when it happened. Focus your statements on how you were physically abused or threatened and whether you are afraid you will be abused or threatened again.

If you have any photos of injuries or property damage caused by your abuser, text messages or emails, or ripped clothing that show how the abuser threatened, abused, or harassed you, don’t forget to bring them to the final PFA hearing.

Because of the “he-said, she-said” nature of domestic violence, it is important to bring documentary evidence when such evidence is available.

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

Is Stalking A Crime In Pennsylvania?

Assault Pic4Stalking is a crime in Pennsylvania. There are two basic elements to the crime:

  • The stalker must complete at least two acts of unwanted behavior, no matter how close or far apart in time they are, and
  • The victim must experience reasonable fear of serious bodily injury or substantial emotional distress.

The prosecutor’s office in your county makes the final decision whether to file criminal charges, including stalking charges.

If you are accused of stalking, Spivak Law Firm provides strong, aggressive defense in Protection From Abuse (PFA) and all criminal hearings. Call us today for a free consultation at (412) 344-4900 or toll free at (800) 545-9390.

Protecting Children Produced By Rape

dandelion wishing blowing seedsThe Pennsylvania Legislature appears poised to 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 obligation to pay child support.

The bill, which has bipartisan support, requires the courts to accept requests by rape victims that their rapists not receive custody of children conceived through the assault, unless the child is old enough and agrees to the custody arrangement. The legislation at the same time maintains the rapist’s liability for child support payments if parental rights have been terminated because of a conviction for raping the other parent.

Rape causes more than 32,000 pregnancies among U.S. women each year, according to the Coalition Against Rape.

Spivak Law Firm has proven a leader in advocating for women’s rights, publishing an article in the Pittsburgh-Post Gazette back in 2012 on the issue of protecting women who conceive through rape.

Spivak Law Firm provides strong, compassionate, cost-effective representation in all family law matters, including: divorce, child custody, child support, spousal support, and Protection From Abuse (PFA).

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