In re D.S. – 2023 UT App 98 – reversal of termination of parental rights
In re D.S. - 2023 UT App 98 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF D.S. AND K.S., PERSONS UNDER EIGHTEEN YEARS OF AGE. S.S.,…
THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. CODY BLAIR MURRAY, Appellant. Opinion
THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. CODY BLAIR MURRAY, Appellant. Opinion No. 20200890-CA Filed May 18, 2023 Second District Court, Ogden Department The Honorable Joseph M.…
2023 UT App 57 – State v. Schroeder
2023 UT App 57 - State v. Schroeder THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. MICHAEL SCHROEDER, Appellant. Opinion No. 20190339-CA[1] Filed May 25, 2023 Fifth District…
Can I File for an Order of Protection Against My Daughter’s Father for Myself, Even if She Is Living With Him?
If he poses a danger to you, then yes. The fact that a child you share lives with him will not prevent you from obtaining a protective order against him…
2022 UT App 15 – Miller v. DaSilva – protective order objections
2022 UT App 15 - Miller v. DaSilva http://www.utcourts.gov/opinions/view.html?court=appopin&opinion=Miller v. Dasilva20220203_20200719_15.pdf THE UTAH COURT OF APPEALS LISA M. MILLER, Appellant, v. AMY ELIZABETH DASILVA, Appellee. Opinion No. 20200719-CA Filed February…
State v. Redden – 2022 UT App 14 – protective orders – enhanced penalties
2022 UT App 14 THE UTAH COURT OF APPEALS STATE OF UTAH, Appellant, v. JOEL CHANCE REDDEN, Appellee. Opinion No. 20200700-CA Filed January 27, 2022 Fifth District Court, Cedar City…
What is a court order and its types?
Here’s the definition from Black’s Law Dictionary (11th ed. 2019): order n. (16c) 1. A command, direction, or instruction. See MANDATE (1). 2. A written direction or command delivered by a government official, esp. a court or judge.…
How can I get an emergency hearing for custody and child support?
I will answer this question based upon the law of the jurisdiction where I practice family law (Utah). So the question is: How can I get an emergency hearing for…
Can I get a stalking injunction against someone in a different state who stalks via social media?
How would you go about getting an order of protection against someone in a different state for harassment and stalking via social media? I will answer your question based upon…
Why do I have to give the court my Social Security Number?
Why do I have to give the court my Social Security Number in my divorce, child custody, paternity, protective order, or other family law or family law-related case? Here is…
I suspect my husband fathered a child with someone else. Can I challenge our divorce ruling?
If I suspect my ex-husband fathered a child with someone else while we were married, can I challenge our divorce ruling? If, by this question, you mean that you are…
Are there laws that protect one parent from being a victim of the other parent’s continuous reporting, through the other parent’s attorney, about violations of a restraining order that are all lies?
Are there laws that protect one parent from being a victim of the other parent's continuous reporting, through the other parent's attorney, about violations of a restraining order that are…
My parents filed an order of protection against me. Is there any way I can fight this at age 17 knowing that I’ve done no wrong?
My parents filed an order of protection against me. Is there any way I can fight this at age 17 knowing that I’ve done no wrong? Your experience may be…
Does a Restraining Order Prevent Me from Communicating with the School?
Does a Restraining Order Prevent Me from Communicating with the School? If a school age child has a restraining order against a parent prohibiting him from coming within a certain…
What to do before a divorce, if you’re not in the wrong
What advice would you give someone before a divorce, if it’s known it may happen and you’re not in the wrong? This is a very important question that too few…
What advice would you give me before divorce, if I’m not in the wrong?
What advice would you give someone before a divorce, if it’s known it may happen and you’re not in the wrong? This is a very important question that too few…
Can I get a restraining order against a couple?
Can I get a restraining order against a couple? In a sense, no (but you can still obtain a restraining order against both people). A “couple” would not be something…
Hardy v. Hardy – 2020 UT App 88 – Utah Court of Appeals – civil stalking
2020 UT App 88 THE UTAH COURT OF APPEALS KAREN HARDY, Appellee, v. BRIAN NEIL HARDY, Appellant. Opinion No. 20190496-CA Filed June 11, 2020 Fifth District Court, St. George Department…
Can Being in a Zoom or WebEx Meeting Violate a Restraining Order?
Can Being in a Zoom or WebEx Meeting Violate a Restraining Order? What's going to happen if I have a restraining order and I get on Zoom to make a…
What happens to a person who files a protective order out of spite?
What happens to a person who files a protective order out of spite? Unless you can prove it was filed out of spite/fraudulently: nothing. Clearly, there are people who are…
If someone obtains a restraining order against me, can I obtain one against him/her?
If someone put a restraining order on you only because they thought you were going to put one on them and they are the one who is stalking and harassing…
What do husbands do when they are served with a restraining order?
What do husbands usually do when they are served with a restraining order? The innocent ones: “What the he— is this?” “She can’t legally do this, can she?” “Oh my…
Can I renew the no contact order?
Probably, but even if the no contact order cannot be renewed, or if the police or court (depending upon who in your jurisdiction has the authority to renew the no…
There’s No Situation That Can’t Be Made Worse by Calling the Police
There's No Situation That Can't Be Made Worse by Calling the Police By Brian Godfrey I was talking with someone about divorce and family law situations the other day and…
Can I get a restraining order against a person living in the same house?
Can one get a restraining order against a person living in the same house as me? Sure. There’s no requirement that the petitioner and respondent in a restraining order matter…
How can I get my high-conflict ex to violate any terms of our court order?
How can I get my high-conflict ex to violate any terms of our court order? He operates within the confines of the legal language, but harasses and torments me at…
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…