Pgh PFA Lawyer
PFA: A Sword Or A Shield?
A 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
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.
Stop False Reports To Child Abuse Hotlines
People 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
In 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?
Stalking 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
The 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.
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.
Crack Down on Domestic Violence In Pittsburgh
The Pittsburgh Post-Gazette published the following article by Attorney Todd Spivak, owner of Spivak Law Firm, which handles all areas of family law and criminal defense with an emphasis on child custody and Protection From Abuse (PFA).
Maureen Karr got a temporary protection-from-abuse order against her husband on grounds that he threatened to burn their house down. Two weeks later, according to police, James Karr made good on his promise and his wife died in the fire.
In Pennsylvania, more than 150 people die every year from incidents involving domestic violence. Astonishingly, Allegheny County for two straight years has tallied more domestic-violence fatalities than any other Pennsylvania county, even Philadelphia. In 2013, there were 28 domestic-violence related deaths in Allegheny County, representing nearly one-fifth of such fatalities statewide, according to the Pennsylvania Coalition Against Domestic Violence.
“Some conclude that PFAs are useless, that they’re just a piece of paper,” says Spenser Baca, a third-year student at the University of Pittsburgh School of Law who represented Maureen Karr at a PFA hearing hours before she was killed. “But PFAs help the majority of clients.”
In December, after 14 years of marriage, Maureen Karr told her husband she wanted a divorce. According to her PFA order, James Karr flipped out: he broke her stuff, slashed her car tires and threatened to set fire to their home in Duquesne. Ms. Karr took refuge at a neighbor’s house and called police. James Karr was arrested, briefly incarcerated and charged with public intoxication.
Charges of harassment and terroristic threats would have served Ms. Karr better. James Karr’s bond conditions did not even include a restraining order.
So, on Dec. 15, Maureen Karr obtained the temporary order that evicted her husband from their home and prohibited all contact. “He was threatening to set the house on fire,” Maureen hand-wrote in the PFA petition.
Similarly, last September, Nancy Bour of Ross Township wrote on a PFA petition against her husband: “Threatened to burn the house down if I try to get divorce.” The next day, according to police, Thomas Bour poured gasoline on their house and set it ablaze. Thomas Bour faces trial next month on multiple felony charges of arson and risking catastrophe.
“Defendants always make threats,” says Mr. Baca. “It’s surreal when they make true on their threats.”
On Dec. 29, Maureen and James Karr appeared separately on the third floor of family court Downtown. Ms. Karr sought a final PFA order lasting three years — the maximum allowed under Pennsylvania law. But a hearing never occurred, as the defendant suddenly dropped to the floor and convulsed violently. Although James Karr receives disability benefits based on a seizure disorder, Mr. Baca suspects he faked a seizure to avoid the hearing. The parties left the courthouse without even seeing a judge.
In Allegheny County, court administrators estimate that only 5 percent of PFA cases ever go before a judge for a final hearing. Attorneys frequently work out agreements and draft court orders signed by the parties. An administrator will stamp a judge’s signature on them, but there is no direct judicial involvement whatsoever in the vast majority of cases.
Other counties surrounding Pittsburgh handle PFA cases differently. For instance, Westmoreland County judges insist that all parties appear before a judge regardless of how the case is resolved. It’s impossible to know if a judge’s finger-wagging lecture or threat of grave consequences for another infraction would have saved Maureen Karr’s life, but it might have. Allegheny County’s practice of letting administrators stamp court orders must stop.
Moreover, to promote consistency, Allegheny County should have specialized judges with extensive domestic-violence training to handle all PFA hearings. That’s how PFA cases are handled in Philadelphia County, which saw its number of domestic-violence fatalities drop by 33 percent last year.
This is also how things are done across the street in criminal court, where just two judges oversee all of Allegheny County’s domestic-violence cases. But for PFA hearings, 17 family court judges and three senior judges take turns, ensuring an egregious lack of consistency in court rulings.
On Dec. 30, just hours after appearing in court, James Karr showed up at the couple’s red-brick house set on an orange-brick street. The temporary PFA order remained in place, but, according to police, James Karr went in, slammed his wife’s head against a wall, knocking her unconscious, then tied her wrists with floral wire used for making Christmas wreaths, doused her with her favorite Smirnoff vanilla-flavored vodka and lit a match.
Maureen Karr died from smoke inhalation and carbon-monoxide poisoning. James Karr, a South Park native, has been charged with criminal homicide and aggravated arson. The Allegheny County district attorney’s office plans to argue for the death penalty.
It is impossible to know if Maureen Karr’s death might have been prevented. But immediate action should be taken to curb the number of domestic-violence fatalities in Allegheny County. Increased involvement at PFA hearings by judges with advanced training in domestic-violence cases, and the tougher rulings that likely would result, could make the difference.
To speak with an experienced PFA attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Domestic-Violence Deaths In Allegheny County
The Pennsylvania Coalition Against Domestic Violence this month plans to release its annual report on domestic-violence fatalities throughout the state, which includes summaries of each incident and a county-by-county statistical breakdown.
In 2013, there were 158 domestic-violence fatalities in Pennsylvania, including 28 in Allegheny County, which for two straight years has tallied more than any other Pennsylvania county.
Spivak Law Firm provides strong, aggressive representation for plaintiffs and defendants in Protection From Abuse (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 today at (412) 344-4900 or toll free at (800) 545-9390.
Pittsburgh Man Faces Death Penalty
The Allegheny County district attorney’s office last month said it will seek the death penalty against Pittsburgh man James Karr, who is accused of knocking his wife unconscious and setting her on fire. The announcement came just ten days after Pennsylvania’s governor placed a moratorium on the death penalty.
Maureen Karr, an administrator at UPMC Mercy, got a Protection From Abuse (PFA) Order against her husband in December on grounds that he threatened to burn their house down. James Karr ignored the court order, killing his wife just hours after appearing at PFA Court in downtown Pittsburgh, according to police.
Prosecutors say the grisly incident met several criteria for the death penalty, which will be sought if James Karr is convicted of first-degree murder.
There are 186 death-row inmates in Pennsylvania, including nine from the Pittsburgh area. The state’s last execution occurred in 1999.
Spivak Law Firm provides strong, aggressive defense in all PFA and criminal hearings. Call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.