Pittsburgh Family Law
No Guns for PFA Defendants
Under federal law, people convicted of domestic-violence misdemeanors such as simple assault are banned from owning firearms.
The gun ban also extends to people who are subject to Protection From Abuse (PFA) restraining orders.
Guns are the most common method for killing intimate partners.
Laws restricting firearm access for people subject to restraining orders are associated with a 19 percent reduction in rates of intimate homicide, according to researchers at the Johns Hopkins Bloomberg School of Public Health.
Spivak Law Firm handles all areas 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.
Child Custody and Child Support
Contrary to popular belief, parents retain custody rights to their children even if they fail to pay court-ordered child support. Child custody and child support are two separate legal issues.
Just because you do not receive child support does not mean that you can refuse custodial access to the children. If you have a custody order, and you refuse to abide by its terms, you may be held in contempt for violating a court order, which carries the following potential consequences:
- Up to six months in jail;
- A fine up to $500;
- Probation for up to six months;
- Suspension of your driver’s license; and
- Payment of the other parent’s attorney’s fees.
Spivak Law Firm handles all family law matters. To schedule a consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Child Custody: Kids With Two Homes
Separation and divorce often means two different homes for children, which also often means two competing sets of rules for children to follow.
As a parent, you have the right to set the rules for your children, even if those are different than your ex-spouse. But having opposite rules for children in each household can be confusing for them at a time when they’re learning to cope in a new family environment.
Consider the following three tips to avoid confusing the children:
- Follow a similar schedule for the children (dinner time, bed time, etc.).
- Create consistent rules to follow in each household.
- Implement similar forms of discipline, and work together to enforce the rules.
To speak with an experienced family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Helping Juvenile Offenders
In Pennsylvania, people under 18 who commit crimes go to family court, where the approach is more rehabilitative and less punitive. Some policy experts advocate raising the family court’s age to young adults up to 25-years-old.
“Young adults are more similar to adolescents than fully mature adults in important ways,” wrote Vincent Schiraldi and Bruce Western of the Harvard Kennedy School in a recent column published in The Washington Post. “They are more susceptible to peer pressure, less future-oriented, and more volatile in emotionally charged settings.”
Additionally, they point to “disastrous” public safety outcomes resulting from drawing a line at age 18: “For example, 78 percent of 18- to 24-year-old released from prison are rearrested and about half return to prison within three years, the highest rescidivism rate of any age cohort.”
Spivak Law Firm handles all family law and criminal defense matters. We are routinely appointed to represent juveniles in Allegheny County. To schedule a consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
4 Reasons to Modify Child Support
Either parent may seek to modify a child support order at any time. The moving party will need to show a substantial change of circumstances occurred since the final order was entered by the court.
What constitutes a substantial change of circumstances?
Common examples include:
- One parent gets more custody time
- One parent gets a significant pay increase
- One parent gets laid off from work
- A child seeks to participate in a new extra-curricular activity
Do not voluntarily quit a job to avoid paying child support, as a court can assign an earning capacity based on past income levels.
To schedule a consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
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.
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’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.
5 Tips for Parents Who Share Custody
Parents who share custody of their children must learn to communicate effectively without engaging in destructive, unproductive arguments. Below are five tips for promoting effective communication:
- Non-threatening communication is most effective: People feel accused and respond defensively when they are attacked verbally with the work “You.” Avoid beginning your sentences with “You” and try to use “I” or “We” whenever possible. Using “I” and “We” reflects feelings or attitudes about something and does not evoke a defensive response.
- Limit communications to child-related issues: Pay attention to your non-verbal communications. More than half of communication is conveyed through facial expressions and almost 40 percent through the tone of your voice.
- Try to decide ahead of time that you will not engage or participate in destructive communication: This is extremely difficult and may even seem a bit strained at first. Remember: It is your choice to stay in control. Problems cannot be resolved unless communication works constructively in the family partnership.
- Pay attention and avoid parallel communication: Have you ever started a sentence and realized that the other person was not listening, but rather looking as if he or she was preparing to respond? Suddenly, the person begins talking and you continue trying to finish your part of the conversation. Both of you continue to communicate in a parallel manner, no one is heard and nothing is resolved. Parallel lines never come together and nothing ever changes with parallel communication.
- Learn to listen to the other party: How we communicate and learn to negotiate our differences is the number one issue in the success or failure of any relationship – business, personal, or otherwise. Good communication gives us a means to express our thoughts, feelings, needs, and concerns. As human beings, we all want to know that someone is listening to us while we are talking. Effective listening validates the words of the communicator. When you know that people are listening to you, most likely you will want to make a conscious effort to listen to them.
Spivak Law Firm provides strong, compassionate 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 (412) 344-4900 or toll free at (800) 545-9390.
What To Expect At Child Custody Mediation
In Allegheny County, any parent who files for child custody must participate in the Generations program, a two-part alternative dispute resolution program administered by the Child Custody Department. Step one is an education seminar. Step two is a mediation session.
Below is information on the Generations mediation session:
- The mediation is a opportunity for parties to negotiate a detailed, workable parenting agreement outlined in an informal agreement called a Memorandum of Understanding. Only the parents are permitted in the mediation session – neither children nor attorneys may attend.
- The mediation session is approximately two hours in length.
- The mediation session is conducted at the child Custody Department on the first floor of the Family Law Center located in downtown Pittsburgh at 440 Ross Street.
- The mediation session is mandatory. If you fail to attend the mediation session, the custody action may be dismissed or you may be held in contempt of court for not following the scheduling order. Failure to appear at a contempt hearing may result in the issuance of a custody order and/or a bench warrant for your arrest.
- If you have been the victim of domestic violence, you may complete and file a domestic violence waiver and bring it to the Child Custody Department. You will then receive an order of court canceling the mediation session and scheduling a conciliation session instead.
- If you and the other party have agreed to a parenting plan at the completion of your mediation session, you may: complete a Memorandum of Understanding, consult with you attorneys, or have the agreement turned into a legally binding, fully enforceable court order by a domestic relations officer, if available (this option will dispose of the custody action and you will go no further into the court system).
- If you do not agree after your mediation session, you can request a conciliation date at the Child Custody Department window or pursue additional mediation sessions privately with your mediator.
Spivak Law Firm provides strong, compassionate, cost-effective representation in all child custody matters. Call us at (412) 344-4900 or toll free at (800) 545-9390.