Category: Domestic Violence

How to Handle a Domestic Violence Case in Utah

A domestic violence case can be an extremely emotional and challenging situation for anyone involved in the incident. In Utah, a domestic violence case means that a crime was committed by an aggressor, in which they acted violently with intent to physical harm against an individual living in the same home, or cohabitated environment. Most types of domestic violence crimes include assault, harassment, stalking, and the violation of a restraining or protective order. Those considered to be living in a cohabitated environment in Utah are generally spouses, ex-spouses, common law marriages, partnerships, people living together formally, and people who have…

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How to Handle a Domestic Violence Case in Utah

A domestic violence case can be an extremely challenging and emotionally charged situation to handle for all involved. In Utah a domestic violence case means a crime that is committed or attempted to be committed that involves violent physical harm or a threat of violent physical harm to someone who is living together in cohabitation. Some of the types of violent crimes, may include assault, harassment, stalking, and the violation of restraining or protective orders Those who are considered to be living in a cohabitate situation in Utah include spouses, ex-spouses, common law marriages or partnerships, people living together presently…

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What Is A Utah Restraining Order?

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…

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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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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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Should I File a Protective Order or a Restraining Order in Provo, Utah?

In Utah, you can file a protective order and restraining order if you want to stop violent or threatening behavior. These two orders are used interchangeably though they are very different. Let us help you understand the difference between the two orders and how to best protect yourself and your children.   What is a Protective Order? A protective order is filed to protect you and your family from a violent individual who is cohabiting with you. This legal action starts by filing a formal request for a Utah protective order with your local district court in Provo, Orem, or your nearest town. If the…

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Provo Domestic Violence

Provo Domestic Violence Provo domestic violence cases have far-reaching implications, particularly those in which a child is involved.  When a juvenile is involved in a Provo domestic violence episode, the wellbeing of the child and whether or not the suspect/offender/aggressor is still a threat to the child and/or anyone living in the home becomes the primary concern for responding officers and enforcement individuals. However, the actual incident is just the initial step in the spectrum of Provo domestic violence incidents.  Utah law defines Provo domestic violence as any criminal offense or physical harm or threat of violence or physical harm,…

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Provo Protective Order Attorney

Provo Protective Order Attorney   Adult Protective Order Attorney in Provo If you are looking to acquire an adult protect order in Provo, experienced Family Law Attorney Kelly Peterson can help you.  As the petitioner, the party seeking the adult protective order, you will be represented in front of a commissioner rather than a judge.  Provo protective order attorney Kelly Peterson has experience when it comes to meeting with commissioners for adult protective orders and will prepare you for how this differs than going to a courtroom to see a judge.  There are also different types of adult protective orders…

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