Has anyone you know been framed for domestic violence?
I’m a divorce and family lawyer, and so the crimes I see people framed for or manipulated into “committing” are domestic violence types. It’s frighteningly easy to do. Before I…
Why are public defenders often worse than private lawyers?
Public defenders are paid by the state to represent indigent people. Indigent people are generally among the most powerless and helpless in society. Most people accused of crimes are guilty…
Do prosecutors enjoy convicting people, even if there’s a question of guilt?
As a general rule, no, I don’t think so. There will always be some sick, twisted people in every profession, but it has not been my experience that the majority…
Why do abusers sometimes get custody of their children?
Simply (but accurately) put: they may intimidate, shame, and/or fool the other party into settling the custody case such that they agree to the abuser being awarded custody ; their…
What do you do about domestic abuse?
I have not been the victim of domestic violence or abuse, but I have had some clients who are. If you have a good, honest, and responsive police force in…
2019 Utah Legislative Session – animal cruelty is now domestic violence
Welcome back to our feature on new laws from the 2019 Utah Legislative Session. There were a lot of changes in family law in 2019, and one amendment was made…
What is the safest way to break up with an abusive partner?
What is the safest way to break up with an abusive partner? I heard many horror stories and afraid I might be next. While there is no one "proper" way…
Domestic Violence and Protective Orders: What do I Need to Know?
This blog post answers the following questions: Do I qualify to get a protective order? How do I obtain a protective order: against an abusive partner, spouse or ex-spouse? for…
How do I make sure my ex stays away with the protective order in place?
How do I make sure my ex stays away with the protective order placed by the DA (district attorney) from DV (domestic violence) on his part? Stay away from him.…
By law does a woman have to pay an abusive ex-husband alimony?
In the jurisdiction where I practice law (Utah), the question is not whether an abused spouse who makes more money than the abuser must pay alimony to the abuser, but…
Domestic Violence – what if I don’t want my spouse prosecuted?
Domestic Violence - what if I don't want my spouse prosecuted? Prosecutor issued an order of protection against my husband after asking what I want and I said no, it…
What are the options when a father is accused of domestic violence when it seems to stem purely from a desire by the mother to have him out of the home?
What options are there when a father is accused of domestic violence, but the charge seems to stem purely from a desire by the mother to have him out of…
The court gave Mom full custody of me; can I live with Dad instead?
QUESTION: The court gave my mom full custody of me, can I live with my father without her doing anything about it? ANSWER: First, we start with the obligatory “don’t…
Defending Yourself Against a Protective Order
My friend is a good man. His wife is crazy. She put a protection order against him, to help manipulate the court proceedings. What should he do? Defend himself with…
In re K.T. 2017 UT 44 (August 8, 2017) – standard of proof – child abuse
This opinion is subject to revision before final publication in the Pacific Reporter In re K.T. 2017 UT 44 (August 8, 2017) IN THE SUPREME COURT OF THE STATE OF…
Can a parent get custody of a child if he has a domestic violence protection order against him?
Can a parent get custody of a child if he has a domestic violence protection order against him? Nothing in Utah law prohibits a parent against whom a protective order…
How can I get a restraining order on my daughter’s father? Will it affect our joint custody? He has been stalking and harassing me.
How can I get a restraining order on my daughter’s father? Will it affect our joint custody? He has been stalking and harassing me. My baby's father has been stalking…
