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The Protective Order Defined

What is a protective order? The protective order is a first line of defense for protection against physical, mental, sexual and emotional abuse. 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. It is frequently confused with a restraining order. What are Protective Orders? Protective orders are available for adults, children, and other people in your care. This order can include keeping the individual away from your home, work, or children’s school or any other place you frequent. To get a…

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Understanding Different Divorce Filing Options

When a marriage ends, it can be an emotional, mental and physical strain on anyone, even if the divorce is agreed upon. What can make this process even more difficult is all the overwhelming amount of options when it comes to the different types of filing. What do these entire options mean and what is the best for your current situation?  Fault or No-Fault Divorce: All states now should offer a no-fault divorce filing option, prior in many places a spouse had to be at fault. In some cases some will still choose to have a fault divorce rather than…

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What Happens When Domestic Violence Victims Won’t Testify?

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…

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The 4 Types of Child Custody: What Utah Parents Need to Know

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…

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Emergency Child Custody in Orem, Utah: What You Need to Know

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…

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How to Fight an Unfair Restraining Order

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…

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How to Obtain a Protective Order in Provo, Utah

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…

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How Can I Make Sure That I Am Granted Custody of My Children in Utah?

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…

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What to Look for in a Provo Child Custody Lawyer

Your child custody case is definitely one of the most emotional experiences that you can go through. You may have made the mistake of trying to negotiate a compromise with the opposing party without legal counsel. It is time to correct this mistake – there is no such thing as an equitable solution without a full rendering of the law on your side. You can bet that the opposing side has lawyers who are looking to create the most problems for you. In order to level the playing field, you need a child custody lawyer on your side who understands…

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Orem Child Custody Attorney: When to Hire One

When should I hire an Orem child custody attorney? It is often difficult to know when a parent, grandparent, or guardian should hire a child custody lawyer. The purpose of the child custody hearing is to determine the best arrangement with the needs and interests of the child in mind. Advice from a child custody lawyer helps the parent to properly assess and present the facts relating to why he or she should retain or receive custody of the child. Questions relating to the engagement of an Orem child custody attorney include: What are the costs? Legal representation can be…

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*Child Welfare Law Specialist Nat’l Assoc. of Counsel for Children