Spivak Law Firm

Based in Pittsburgh, PA

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South Hills Family Law

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.

Spivak Law Firm In Pittsburgh Post-Gazette

TS Headshot - FINALThe 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criminally prosecuting filers of bogus PFA petitions and removing PFA records from the public database if the order is withdrawn or dismissed.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

PFA Pic9The 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

BU010665The 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.

Stalking and PFAs in Pennsylvania

DV Pic9A Protection From Abuse (PFA) Order is an important tool for any stalking victim because it allows the police to arrest the stalker, even if the police did not see the stalking behavior. You will need to prove the following two things in order to get a PFA:

  • You are either related to the stalker, married or previously married to the stalker, you have a child with the stalker, or you have an intimate relationship with the stalker (either sexual or dating); and
  • You were followed or contacted by the stalker for no lawful reason and you fear that the stalker will cause you serious bodily injury.

Once you get a PFA, you can ask the court to order that the stalker have no contact with you at home, work or school, as well as many other protections.

Spivak Law Firm provides strong, aggressive representation for plaintiffs and defendants 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 attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Will Police Enforce A Child Custody Order?

Family Pic5If your ex violates a child custody order, the police generally will not get involved. Instead, you can file a motion for contempt requesting a hearing, have a mini-trial on whether the other parent really was in contempt, and then, if you win, receive make-up time with your child and maybe some money for your attorney’s fees.

In other words, the relief is limited and may take a long time to achieve.

But that changes if the child custody arrangement is part of a Protection From Abuse (PFA) Order. In such cases, the defendant may be arrested for simply not showing up at a scheduled custody exchange.

Spivak Law Firm provides strong, aggressive representation for plaintiffs and defendants in all PFA and child custody matters.

If you are a PFA defendant, we help assert your child custody rights while also working to ensure that you’re not arrested for violating the restraining order.

If you are a PFA plaintiff, we can help to maximize your child custody time while also working to ensure that you and your child receive the protection you require.

Call Spivak Law Firm today for a free consultation at (412) 344-4900 or toll free at (800) 545-9390.

Pittsburgh Lawyer Gets PFA Against Businessman

SO000183Domestic violence knows no boundaries. It happens to young and old, rich and poor, black and white. It affects high-school dropouts and highly educated professionals.

Every day in Allegheny County, dozens of people arrive in family court for a Protection From Abuse (PFA) hearing. Last month, a well-respected Pittsburgh attorney sought protection against a successful entrepreneur.

Allegheny County Assistant District Attorney Lisa Pellegrini obtained a Temporary PFA against her former boyfriend, local restaurateur Ray Burg, for allegedly slamming her head against a car dashboard. Criminal charges are pending against Burg, owner of Burg’s In The Burgh, located on Forbes Avenue in downtown Pittsburgh.

Spivak Law Firm provides strong, aggressive representation for plaintiffs and defendants in PFA hearings. To speak with an experienced PFA lawyer, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

PFAs Granted For Roommates, Lovers, Relatives

86505316You can only get a Protection From Abuse (PFA) order against someone you’re related to, right?

Wrong!

Pennsylvania law states that a PFA can be granted against “family or household members, sexual or intimate partners, or persons who share biological parenthood.”

Thus, you can get a PFA against your roommate, your boyfriend/girlfriend, your brother/sister, your parent, your child, or your spouse.

In some states, like California, a person can get a restraining order against a stranger. For instance, movie stars sometimes resort to such orders to prevent stalking by fans. Pennsylvania law does not go that far.

Spivak Law Firm provides strong, aggressive advocacy for plaintiffs and defendants in PFA cases in Pittsburgh and all nearby counties, including: Allegheny County, Washington County, Beaver County, Butler County, Westmoreland County, Indiana County, Clarion County, and Fayette County. To speak with an experienced PFA attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

A Brief History of Child Custody

Beautiful baby of three months old in his mothers hands.In child custody cases today, both parents increasingly enjoy significant amounts of parenting time. Recent studies show that child custody norms are changing significantly in the 21st century, with the proportion of parents sharing custody rising dramatically.

Historically, shared custody was never the norm.

In colonial times, American Courts followed the English common law rule that upon divorce the father retained custody of the children. Fathers had the right to the physical custody, labor and earnings of their children in exchange for supporting, educating, and training them to earn their livelihoods. At that time, mothers did not have legally enforceable parental rights.

This bias toward men flipped in the early 20th century with two cultural transformations: the industrial revolution’s remaking men into marketplace wage earners and the emergence of women as domestic caregivers. Under the “tender years” doctrine, custody of young children was almost exclusively awarded to mothers upon divorce.

Mounting divorce rates in the 1960s and ensuing decades provoked a lively debate about parental roles and custody issues. The movement for gender equality, along with the rise of fathers’ rights groups, called attention to the importance of both parents in the care of children.

In most states today, including Pennsylvania, the standard for deciding custody cases is based on the best interests of the child. This standard opens up the possibility of excessive judicial discretion as well as a threat of inconsistent rulings, resulting in hotly contested custody battles.

But it has also led to the rise of shared custody orders, as judges increasingly follow the recommendations of family psychologists who espouse the benefits to children who have equal time with both parents.

To schedule a free consultation with an experienced child custody attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Finding the Right Family Law Attorney For You

95732591Family law attorneys handle divorce, child custody, and support issues. Choosing the right family law attorney is important given the emotional and financial hardships that frequently accompany these issues. Here are some things to consider when making your decision:

  • Does this lawyer seem confident, strong, and experienced?
  • What skills do I see in the lawyer? Is the lawyer smart, resourceful, comforting, strategic, a good listener, and so forth?
  • Is this person a skilled negotiator, trial lawyer, and communicator?
  • What kind of dispute resolution do I want to pursue, and does this lawyer have the appropriate experience and skills to handle the case in this fashion?
  • How will the parenting plan be developed and who will develop it?
  • If there are realistic issues involving personality disorders, substance abuse, or other such problems, does the lawyer have the experience and skill set to deal effectively with them?
  • Do I trust and respect this person? Can we have a good working partnership?
  • Can I be honest with this person? Do I feel comfortable sharing intimate details?
  • Is this person honest and candid with me?
  • Does the lawyer pay attention to me? Does he or she have time for me?
  • Can I afford this lawyer?

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