Are Parents Charged With Contempt of Court or Have Their Visitation Rights Suspended When Their Children Report That They Have Been Abusive?

Yes. Why? Contempt of court is defined as: 1) a valid court order; 2) of which the parent has notice; 3) that the parent is capable of obey; 4) but…

Continue ReadingAre Parents Charged With Contempt of Court or Have Their Visitation Rights Suspended When Their Children Report That They Have Been Abusive?

Should You Get Divorced? Weighing Your Options in a Difficult Decision By Braxton Mounteer, Legal Assistant

The decisions to marry and to end a marriage are not decisions to be taken lightly. If divorce is ever an easy choice, something is terribly wrong. Wrong with the…

Continue ReadingShould You Get Divorced? Weighing Your Options in a Difficult Decision By Braxton Mounteer, Legal Assistant

State v. King – 2024 UT App 151 – Domestic Violence – Evidence – Effective Counsel

State v. King - 2024 UT App 151 THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v.. PHILLIP MASON KING, Appellant. Opinion No. 20210710-CA Filed October 24, 2024 Second…

Continue ReadingState v. King – 2024 UT App 151 – Domestic Violence – Evidence – Effective Counsel

State v. Orton – 2024 UT App 140 – Child Sexual Abuse By Stepparent

State v. Orton - 2024 UT App 140 THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. BRETT LEONARD ORTON, Appellant. Opinion No. 20220119-CA Filed October 3, 2024 Second…

Continue ReadingState v. Orton – 2024 UT App 140 – Child Sexual Abuse By Stepparent

Should You Sling Mud at Your Spouse at Any Phase of Your Divorce Case? By Braxton Mounteer, Legal Assistant

If you were not fortunate enough to settle your divorce case on acceptable terms, you now or soon will likely find yourself  preparing for trial. Trial will be the day(s)…

Continue ReadingShould You Sling Mud at Your Spouse at Any Phase of Your Divorce Case? By Braxton Mounteer, Legal Assistant

2024 UT App 104 – In re B.D. – What is a dependent child?

2024 UT App 104 - In re B.D. THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF B.D., A PERSON UNDER EIGHTEEN YEARS OF AGE. N.D., Appellant,…

Continue Reading2024 UT App 104 – In re B.D. – What is a dependent child?

Can What I Post on Social Media Be Used Against Me in a Divorce Case?

Yes. Yes, it can. This does not mean that everything you post on social media will be used against you. Some statements on social media are pretty hard to find fault…

Continue ReadingCan What I Post on Social Media Be Used Against Me in a Divorce Case?

What Would I Say, if I Were a Judge or Commissioner Hearing a Protective Order Request Case and I Denied the Request for the Protective Order?

I would say this: By law I cannot grant a request for a protective order unless a preponderance of the evidence supports the request. If the request lacks the support…

Continue ReadingWhat Would I Say, if I Were a Judge or Commissioner Hearing a Protective Order Request Case and I Denied the Request for the Protective Order?

What Could Be the Reasons for Someone to Return to an Abusive Partner After Filing for Divorce and Leaving Them Once Before? Why Would They Also Leave Their Children Behind?

Good reasons? Or any and all reasons? In no particular order: The abuse is not bad enough (or perceived as not bad enough) to justify terminating the relationship. Otherwise stated,…

Continue ReadingWhat Could Be the Reasons for Someone to Return to an Abusive Partner After Filing for Divorce and Leaving Them Once Before? Why Would They Also Leave Their Children Behind?

2024 UT App 47 – In re K.J. – removal, shelter hearing

2024 UT App 47 – In re K.J. THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF K.J., M.J., AND K.J., PERSONS UNDER EIGHTEEN YEARS OF AGE.…

Continue Reading2024 UT App 47 – In re K.J. – removal, shelter hearing

Do Many Women Lie About DV in Divorce and Child Custody Court Cases?

Yes. Many women (not all, but many more than we'd like to believe unquestionably lie and make outright false or grossly exaggerated domestic violence claims. The temptation to tell such…

Continue ReadingDo Many Women Lie About DV in Divorce and Child Custody Court Cases?

Have You Heard That Fathers Defeat Mothers’ Claims of DV and Child Abuse by Claiming Parental Alienation?

We all know the aphorism, "If it looks/sounds to good to be true, it probably is [not true]." This also means, however, that if it looks/sounds too 𝙗𝙖𝙙 to be true, it…

Continue ReadingHave You Heard That Fathers Defeat Mothers’ Claims of DV and Child Abuse by Claiming Parental Alienation?

I Am Going through a Custody Battle and the Other Parent Is Making False Statements About Me in Court. What Can I Do to Protect Myself and My Child?

If you want just my direct answer to this question, skip to the last paragraph, but I submit that you’ll have a much better understanding of the answer if you…

Continue ReadingI Am Going through a Custody Battle and the Other Parent Is Making False Statements About Me in Court. What Can I Do to Protect Myself and My Child?

House Bill 131 (HB0131 (utah.gov)), entitled “Clergy Child Abuse Reporting Requirements”

Today’s blog post reviews House Bill 131 (HB0131 (utah.gov)), entitled “Clergy Child Abuse Reporting Requirements”. It proposes changes to Utah Code § 80-2-602, the law governing when members of the clergy are…

Continue ReadingHouse Bill 131 (HB0131 (utah.gov)), entitled “Clergy Child Abuse Reporting Requirements”

Encourage Your Legislators to Vote Against H.B. (House Bill) 272 (2024 Utah General Legislative Session)

According to the "General Description" of H.B. 272, what's not to like?: Highlighted Provisions: This bill: ▸ defines terms; ▸ in certain proceedings involving child custody: specifies requirements for the admission of expert…

Continue ReadingEncourage Your Legislators to Vote Against H.B. (House Bill) 272 (2024 Utah General Legislative Session)

State v. Fowers – 2023 UT App 128 – violation of protective order

State v. Fowers - 2023 UT App 128 THE UTAH COURT OF APPEALS STATE OF UTAH, Appellant, v. THOMAS FOWERS, Appellee. Opinion No. 20220073-CA Filed October 26, 2023 Fourth District Court,…

Continue ReadingState v. Fowers – 2023 UT App 128 – violation of protective order

Mandatory Lethality Assessments on Domestic Violence Calls. In Other Words: Pandora’s Box

The Utah State Legislature passed this into law an amendment to Utah Code § 77-36-2.1, which was effective May 3, 2023. The newly amended code section now requires police officers to…

Continue ReadingMandatory Lethality Assessments on Domestic Violence Calls. In Other Words: Pandora’s Box

What Should I Do When a Family Court Judge Refuses to Look at My Evidence?

What should I do when a family court judge refuses to look at my evidence of abuse because my ex's lawyer lied about me bringing it to him when I…

Continue ReadingWhat Should I Do When a Family Court Judge Refuses to Look at My Evidence?

State in Interest of P.J.R., 2023 UT App 27

THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF P.J.R., A PERSON UNDER EIGHTEEN YEARS OF AGE. C.S., Appellant, V. STATE OF UTAH, Appellee. Opinion No. 20220264-CA…

Continue ReadingState in Interest of P.J.R., 2023 UT App 27

In Re K.K. – 2023 UT App 14 – Abuse and Neglect Adjudication

In re K.K. - 2023 UT App 14 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF K.K., S.K., AND S.K., PERSONS UNDER EIGHTEEN YEARS OF AGE.…

Continue ReadingIn Re K.K. – 2023 UT App 14 – Abuse and Neglect Adjudication

In re K.K. – 2023 UT App 13

In re K.K. - 2023 UT App 13 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF K.K., S.K., AND S.K., PERSONS UNDER EIGHTEEN YEARS OF AGE.…

Continue ReadingIn re K.K. – 2023 UT App 13

From Pro Publica: Barricaded Siblings Turn to TikTok While Defying Court Order to Return to Father They Say Abused Them

There is far more to this story than the headline reveals. From Pro Publica: Barricaded Siblings Turn to TikTok While Defying Court Order to Return to Father They Say Abused…

Continue ReadingFrom Pro Publica: Barricaded Siblings Turn to TikTok While Defying Court Order to Return to Father They Say Abused Them

In Re A.H. – 2022 UT App 114 – Termination of Parental Rights

2022 UT App 114 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF A.H., J.H., J.H., L.H., N.H., S.H., AND E.H., PERSONS UNDER EIGHTEEN YEARS OF AGE.…

Continue ReadingIn Re A.H. – 2022 UT App 114 – Termination of Parental Rights

Is the Johnny Depp divorce trial actually newsworthy?

The divorce trial wasn’t all that newsworthy or memorable (celebrities divorcing is expected), it’s his defamation trial against his ex-wife that is newsworthy. Why?  Although his defamation case is not…

Continue ReadingIs the Johnny Depp divorce trial actually newsworthy?

How can I make my abusive husband divorce me?

Short of holding the proverbial gun to his head (i.e., forcing him to do so against his will), you can’t.   While you might contrive to motivate your husband to file…

Continue ReadingHow can I make my abusive husband divorce me?

How can I help my stepdaughter get away from an abusive mother?

How can I help my 12-year-old step daughter get away from an emotionally abusive mother?  Tell the child’s father (your husband) about the trouble and have him handle it. It’s…

Continue ReadingHow can I help my stepdaughter get away from an abusive mother?

How can I help my step-child get away from an abusive mother?

How can I help my 12-year-old step-daughter get away from an emotionally abusive mother? Tell the child’s father (your husband) about the trouble and have him handle it. It’s not…

Continue ReadingHow can I help my step-child get away from an abusive mother?

These Moving Companies Move Domestic Abuse Victims for Free

Today's blog post is a guest post from Hire A Helper. This is not a paid placement. We hope you find it useful, if you or a loved one need this kind…

Continue ReadingThese Moving Companies Move Domestic Abuse Victims for Free

How do I get an attorney to represent me against my abusive ex narc?

How do I get an attorney to represent me in court against my abusive ex narc who is filing for emergency custody of our children? Two things (if the lawyer…

Continue ReadingHow do I get an attorney to represent me against my abusive ex narc?

How do I know if my relationship is abusive? How abusive does it have to be to get sole custody of my children?

How do I know if my relationship is abusive? How abusive does it have to be to get sole custody of my children?  How do I know if my relationship…

Continue ReadingHow do I know if my relationship is abusive? How abusive does it have to be to get sole custody of my children?

How do courts view mothers who abandon their family during a divorce?

How does the court view mothers that abandon their family during a divorce? Generally, with disbelief, at first. Why? A few reasons. One, to its credit, our culture still holds…

Continue ReadingHow do courts view mothers who abandon their family during a divorce?

In re C.M.R. 2020 UT App 114 – abuse, ineffective assistance of counsel

2020 UT App 114 https://www.utcourts.gov/opinions/appopin/In%20re%20C.M.R...20200806_20190808_114.pdf THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF C.M.R., B.T.R., P.J.R., F.S., AND O.S., PERSONS UNDER EIGHTEEN YEARS OF AGE. C.S.,…

Continue ReadingIn re C.M.R. 2020 UT App 114 – abuse, ineffective assistance of counsel