“A woman's greatest strength [in divorce court] is her ability to be a victim.” It’s a statement that immediately makes people boil over—either in furious agreement or absolute outrage. But…
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…
Anyone who practices Utah family law has watched it happen. A child custody dispute is going badly for one parent, or hasn't started yet, and a protective order petition appears.…
A low evidentiary burden is still a burden. That should be obvious. In Utah temporary protective order practice, however, it is often treated as optional. The preponderance of the evidence…
Few legal proceedings can rearrange a person’s life as quickly as an ex parte protective order. A judge can remove someone from the family home, restrict contact with children, limit access to…
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…
A fair and equitable divorce is the best that any decent person who goes through the divorce process can honestly hope for. If you know you that you will be dealing…
Some spouses will absolutely exploit the legal system to gain an unfair advantage in divorce proceedings. It's crucial to recognize the manipulative tactics your spouse might employ against you—even if…
I can identify the problem by phrasing it in the form of several hypothetical questions to a judge: Is the approach to the allegations going to be, “Because these kinds…
“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…
This is one of the most important questions you need to ask and to answer if you are contemplating divorce or find yourself on the receiving end of a complaint…
In re H.M. - 2023 UT App 122 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF H.M. AND D.M., PERSONS UNDER EIGHTEEN YEARS OF AGE. G.B., Appellant, v.…
With great difficulty, in most (not all) cases. “It used to be a fashion amongst men that when a charge was made some sort of proof was brought forward to…
With great difficulty, in most (not all) cases. “It used to be a fashion amongst men that when a charge was made some sort of proof was brought forward to…
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…
(See also Smith v. Robinson, Case No. 20160106, Filed July 05, 2018, 2018 UT 30, a companion case to this one) This opinion is subject to revision before final publication…