Blog

Legal Matters and Utah Domestic Violence Law A police officer in Utah has the right to make an arrest in a domestic violence situation, as long as there is probable cause that a violent act has already taken place, or if there is a strong possibility that one will occur. The police officer then has to make an arrest against the aggressor, or the future defendant in situations like this. In Utah, once a person is convicted of a domestic violence crime, any other subsequent domestic crimes may lead to an increase in possible punishment. Once an arrest is made,…

Are you being harassed by a former spouse, co-worker, or someone that once played a role in your life? No matter what the circumstances are, a restraining order is the first line of defense in protecting you against physical, mental, sexual and emotional abuse. Understanding Utah Restraining Orders If you are feeling threatened by another person, but they have not physically done something to you law enforcement cannot do anything to protect you. The protective order is the tool to provide that protection. Restraining orders are often referred to as protective orders. When the order has been filed, the other party must stop harming…

Several states have different laws pertaining to domestic violence. In a number of states, people are entitled to refuse testimony against their spouse in a court proceeding. Utah Code § 76-5-109.1 deems it is a crime for anyone to commit domestic violence in the presence of a child. Individuals arrested for domestic violence of any kind should contact an attorney immediately to discuss action. The individual whom the crime was committed against can legally refuse to testify, this right is called “spousal testimonial privilege.” The privilege is meant to promote peace and harmony within a marriage, removing a damaging testimony against…

When Utah parents choose to separate or divorce, one of the most significant concerns for their entire family is the protection and care of any children involved in the case. Determining child custody can be a tedious, emotionally charged process that takes a toll on the parents and children. Fortunately, with the right legal guidance, determining child custody and managing parenting plans can be successful. As is the case with most family law matters involving children, the best interests of the children will be the most significant concern for the court as child custody is determined. The 4 Types of…

For parents, one of the most important responsibilities in life is raising, protecting, and supporting their children. Even in the best of situations, there are circumstances that cause parents fear, stress, and grief. These emotions may be exacerbated when there is conflict between the parents, such as during a separation or divorce, or if one parent is exhibiting dangerous behaviors. In Utah family courts, the best interests of the child are the center of negotiations and orders. This is true in many aspects of family law, including in child custody matters. What Is Emergency Child Custody? One of the most…

State and federal laws are designed to protect United States citizens from unfair and unjust actions. Unfortunately, even the most well-intended laws and legal processes could be used in a manner that is unfair to you or even contradicts the design of the law. There is perhaps no better example than restraining orders. What You Need to Know about Restraining Orders In Utah, a restraining order is designed to restrict your behavior, actions, or perceived violence. Restraining orders are often used in child custody and domestic violence cases, as well as cases involving alcohol or drug dependency. Restraining orders are…

The terms “protective order” and “restraining order” are often used synonymously, though these two legal orders have very different language, protections, and processes. A protective order is more defined, with the primary design being to protect an individual or individuals from perceived, threatened, or actual violence. As the name suggests, a protective order is designed to give you and your loved ones peace of mind that you are safe and your rights are protected. How to Obtain a Protective Order The process for obtaining a protective order follows state guidelines and is monitored and managed by applicable courts. There are several…

You’re getting divorced and you have kids. No matter what went wrong in the marriage, your children are probably the first thing on your mind, as you start down the long road of legal proceedings. After a divorce, one of the most important issues that needs to be resolved is who gets custody of the children. Fortunately, the law says that custody issues are determined by what is in the best interest of the child. Therefore, earning custody of a child depends on how well a parent can establish that having custody will be beneficial for the child. You’re sure…

Utah Paternity Lawyer When a child is born to unmarried parents, there are several steps and methods by which paternity can be established. If two unmarried people have a child out of wedlock, the biological or “putative” father must file with the state a Voluntary Declaration of Paternity, which affords him rights under the law. If the biological father does not register with the state (and strictly comply with specific requirements) within 10 days from the date where he learned or should have learned of his child’s impending adoption, he cannot object to an adoption. In terms of his paternity…

Provo Parental Alienation Lawyer Unfortunately, it is all too common that in the midst of a separation or divorce one parent uses a child or children against another parent, causing a parental alienation to arise. Whether this is intentional and premeditated or happens by accident or unintended circumstance, the outcome for the affected parent and the child or children is often traumatic. Intentional parental alienation occurs when one party engages in the following type of conduct:   disparaging the other parent to or in front of the child; reminding the child of broken promises the other parent made; informing the child…