2019 UT App 202 – State v. Baize – protective order challenge
2019 UT App 202 - THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. NATHAN DAVID BAIZE, Appellant. Opinion No. 20180326-CA Filed December 12, 2019 Fourth District Court, American…
2019 UT App 207 – Peeples v. Peeples – modification of child custody
2019 UT App 207 - THE UTAH COURT OF APPEALS ADAM LEGRANDE PEEPLES, Appellee, v. ANNALEISE T. PEEPLES, Appellant. Opinion No. 20180713-CA Filed December 19, 2019 Third District Court, Salt…
To whom do you turn to when the police won’t protect you from your ex?
I am a domestic relations attorney. With this in mind, and if you are convinced that you don’t have enough evidence to obtain a restraining order, my answer to your…
Can you get a restraining order against a minor if you’re an adult?
Certainly. Restraining orders are for the protection of the person needing the protection, and if a child is a threat to your life or safety and you can prove that to…
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…
Can I get a restraining order against my abusive ex if we both use public transportation?
Do you mean to ask: “Can I get a restraining order against my abusive ex that prevents him/her from using the same public transportation as I do?” If so, the…
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…
2019 Utah Legislative Session Makes Keeping a Protective in Place Even Easier! (Boo).
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…
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…
Can I still get custody or visitation, even if my spouse got a protective order against me?
My husband placed a protection order on me and my son’s name is on it, we are in the divorce process, is it possible that I can still get custody…
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.…
Overcome Prejudice from a Bogus Restraining Order in Divorce
How can you win child custody during a divorce if your spouse puts a restraining order against you, based solely on verbal testimony and not pertaining to the children themselves?…
Using Smart Home Devices to Stalk and Harass
Lawyers consider restraining orders to stop abusers from using smart home devices to harass - but you can protect yourself Some domestic abusers are using smart home devices to intimidate,…
What can I do if my child’s mother is keeping her away from me because she has a CPO against me for an unproven accusation even though I have majority physical custody and sole legal custody?
If the CPO (child protective order) against you does not award custody of the child to your ex, then I second the answer of Michael Smith in this thread: You…
What’s up with restraining orders? How can she keep calling and texting me?
Why can someone get a restraining order but still see the person she put in on and have videos, texts, and calls? Can they get in trouble or arrested for…
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…
Why can someone get a restraining order against me, but still contact or communicate with me?
Why can someone get a restraining order but still see the person she put in on and have videos, texts, and calls? Can they get in trouble or arrested for…
My mentally spouse just got a bogus restraining order. What do I do?
What can I do when my mentally ill lawyer wife wants a divorce, and just got a bogus restraining order on me? Assuming that you are resigned to divorce and…
Holyak v. Morgan – 2018 UT App 3 – denial of motion to set aside a judgment for excusable neglect
2018 UT App 3 THE UTAH COURT OF APPEALS MARK C. HOLYOAK, Appellee, v. MAX G. MORGAN, Appellant. Per Curiam Opinion No. 20170374-CA Filed January 5, 2018 Seventh District Court,…
Does a police report of someone threatening you enough to withhold child custody from someone?
Does a police report of someone threatening you enough to withhold child custody from someone? In my opinion, no. Anyone can make a report to the police, whether that report…
What evidence do you need to get a protection order against someone?
What evidence do you need to get a protection order against someone? In all seriousness: virtually none. In Utah (where I practice law), as long as one seeking a protective…
How does one in the United States file an injunction to protect their 14-year-old child in Australia upon the death of the custodial parent?
How does one in the United States file an injunction to protect their 14-year-old child in Australia upon the death of the custodial parent? Best option: hire an Australian lawyer…
My bank account was subpeonaed. Will the bank share business account transactions or only personal account?
My bank account was subpeonaed. Will the bank share business account transactions or only personal account? In Utah, where I practice law, here’s how the bank will respond to the…
What are the consequences if I have a protective order, but later get back together with him without dropping the protective order?
What are the consequences if I have a protective order against my boyfriend, but later get back together with him without dropping the protective order? In Utah (where I practice),…
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…
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…
Jensen v. Ruflin – 2017 UT App 174 – protective orders – cohabitant abuse
2017 UT App 174 THE UTAH COURT OF APPEALS CRAIG ALAN JENSEN, Appellee, v. TIMOTHY RUFLIN, Appellant. Opinion No. 20160194-CA Filed September 8, 2017 Third District Court, Salt Lake Department The Honorable Paul G. Maughan No.…
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…
