Civil protective orders

“When in Doubt, Grant the Protective Order” Is Not a Legal Principle

In discussions about protective orders and alleged domestic violence, I often hear a familiar refrain: “Protective orders should be granted liberally even when the question comes down to one person’s…

Continue Reading“When in Doubt, Grant the Protective Order” Is Not a Legal Principle

“Erring on the Side of Caution” Is Still Error: Why Utah Courts Must Stop Quietly Abandoning the Burden of Proof in Protective Order Cases

Utah law requires domestic violence protective orders to be supported by a preponderance of the evidence. Increasingly, courts are not applying that standard. Instead, they substitute an unwritten “better safe than…

Continue Reading“Erring on the Side of Caution” Is Still Error: Why Utah Courts Must Stop Quietly Abandoning the Burden of Proof in Protective Order Cases