The Arrest Is Not Really the Evidence: Probable Cause and Domestic Relations Cases

A parent tells the police that the other parent assaulted her. An officer responds, interviews people at the scene, and arrests the accused parent. Weeks later, the parties are in…

Continue ReadingThe Arrest Is Not Really the Evidence: Probable Cause and Domestic Relations Cases

Damned If You Do, Damned If You Don’t: Responding to Domestic-Violence Allegations in Protective-Order Cases

An innocent respondent in a protective-order case often faces a problem that courts do not acknowledge clearly enough: The more fully he explains what happened, the more material he may give…

Continue ReadingDamned If You Do, Damned If You Don’t: Responding to Domestic-Violence Allegations in Protective-Order Cases

Let. The. Evidence. Point. The. Way.

A recent podcast clip I saw this week made a deliberately provocative claim: “A woman’s greatest strength is her ability to be a victim.” Taken literally, the statement is too…

Continue ReadingLet. The. Evidence. Point. The. Way.

The Intersection of Federal Immigration Law and Utah Divorce

One of the most complex, high-stakes scenarios occurs when federal immigration policies collide head-on with state domestic relations law. Under the federal Violence Against Women Act (VAWA), a non-citizen spouse…

Continue ReadingThe Intersection of Federal Immigration Law and Utah Divorce

The Obvious Variable No One Addresses: How Gender Distorts Protective Order Decisions

Protective orders are among the most powerful and disruptive tools Utah courts wield—all on an expedited timeline and often on a limited record. The law governing these orders is clearly…

Continue ReadingThe Obvious Variable No One Addresses: How Gender Distorts Protective Order Decisions

“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