In re K.M. – 2025 UT App 17 – parents regaining custody from guardian
In re K.M. - 2025 UT App 17 Oral argument (Utah Court of Appeals archive): https://youtu.be/e8OUzlARvZk THE UTAH COURT OF APPEALS IN THE INTEREST OF K.M., A PERSON UNDER EIGHTEEN…
The Cause of “Protective Orders Disorder” and Its Cure
A previous post (The Cause of “Protective Orders Disorder” and How to Prevent It.) discussed the trouble caused by granting domestic violence protective orders without a preponderance of evidence. This…
The Cause of “Protective Orders Disorder” and How to Prevent It.
“Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety.” (Benjamin Franklin) It is undeniable that courts frequently take a "better safe…
The Prejudicial Impact of False Abuse Accusations on Husbands and Fathers in Utah Divorce and Custody Disputes
Child custody disputes between parents (whether in a divorce case or between unmarried parents) are among the most bitterly fought cases, as parents fight over the right to be integral…
What Legal Safeguards Exist to Prevent Abuse of Domestic Violence Restraining Orders?
I am a divorce and family lawyer. So I know that there are laws on the books in my jurisdiction (Utah) and in other jurisdictions throughout the U.S. that make…
The Voice of Reason in a Discussion of Domestic Violence and Child Custody
On October 31, 2024, the Utah Court of Appeals issued it opinion in the case of Lerman v. Lerman (2024 UT App 155). It is a decision Utah sorely needed for how to…
Lerman v. Lerman – 2024 UT App 155 – Child Custody and Domestic Violence
Lerman v. Lerman - 2024 UT App 155 THE UTAH COURT OF APPEALS DEREK LERMAN, Appellee, v. MICHELLE LERMAN, Appellant. Opinion No. 20230913-CA Filed October 31, 2024 Second District Court,…
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…
What May Happen When I Tell the Judge That I Violated a Nocontact Order Because the Paperwork I Received at Court Was Torn and Did Not Say Anything About No Contact?
What will happen? Who knows? What could happen? The court could A) believe your story; B) not believe your story; or C) not believe your story and then come down…
We Can Call It the “Presumption of Guilt Act”
Did you see this in the news in Utah (from the Salt Lake Tribune)? A Utah man never hit his wife — until he tried to kill her. But how…
2024 UT App 43 – domestic violence appeal
State v. Arce - 2024 UT App 43 THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. JOSE FELIPE ARCE, Appellant. Opinion No. 20220006-CA Filed March 28, 2024 First…
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…
What are the child custody factors that judges consider?
What are the child custody factors that judges consider when determining what's in a child's best interest in custody disputes according to Utah’s family law statutes? The main factors are…
House Bill 81 ” Domestic Violence Modifications”
Today’s blog post treats another proposed law that is up for consideration during the 2024 Utah legislative session: House Bill 81 (HB0081 (utah.gov)), entitled “Domestic Violence Modifications”. It would add…
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…
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…
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.…
Twitchell v. Twitchell – 2022 UT App 49 – child custody and support
Twitchell v. Twitchell - 2022 UT App 49 THE UTAH COURT OF APPEALS JAZMIN S. TWITCHELL, Appellee, V. JOSEPH N. TWITCHELL, Appellant. Opinion No. 20200546-CA Filed April 14, 2022 First…
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…
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…
In re Z.C. W. – 2021 UT App 98 – Utah Court of Appeals
In re Z.C.W. - 2021 UT App 98 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF Z.C.W. AND C.C.W., PERSONS UNDER EIGHTEEN YEARS OF AGE. R.D., Appellant, v. C.L.W., Appellee. Opinion No. 20200039-CA Filed September 23, 2021 Third District…
2021 UT App 28 – Utah Ct. Appeals – In re C.Z.
2021 UT App 28 - THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF C.Z., A PERSON UNDER EIGHTEEN YEARS OF AGE. M.Z., Appellant, v. STATE OF…
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…
Unique challenges for men and women face in divorce and child custody
The unique challenges men and women face in divorce and child custody cases What follows is my opinion, but my honest and sincere opinion born of experience over the past…
Practical steps to take to prepare to leave an abusive relationship?
What are practical, tangible steps someone can and should take when preparing to escape an abusive relationship? If it’s physically violent abuse: I really like what Fredric Garms had to…
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…
Utah Rules of Civil Procedure Rule 109. Injunction in Certain Domestic Relations Cases
UPDATE on new Utah Rules of Civil Procedure Rule 109: Utah Court Notices notices@utcourts.gov via usblists.utahbar.org 8:57 AM to utahstatebarnews Subject: [UtahStateBarNews] Notice of new effective date for Rule 109…
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…
What are some of the major causes behind a divorce?
Lack of commitment/incompatibility. http://www.divorce.usu.edu/files... Survey: Certified Divorce Financial Analyst® (CDFA®) professionals Reveal the Leading Causes of Divorce “Marriage is a counter-cultural act in a throwaway society.” —Dr. William H. Doherty,…
New court rule for Utah divorce cases
The Utah Supreme Court has adopted a new effective date for newly created rule 109 of the Utah Rules of Civil Procedure. The rule was formerly effective May 1, 2019, but is…
One of The Reasons Why You See CPS Claim That “False Allegations of Rape and Domestic Violence Are Rare”
It was in March of 2013, when I read this article, “False allegations of rape and domestic violence are rare, according to CPS” that I understood why certain people make…