Plausible Isn’t Proof: And “Discretion” Doesn’t Fix It
Stephen Petro recently made a point that should be obvious, but in the heat of litigation, often isn’t: A “reasonable” answer is not the same thing as a correct one. A reasonable answer…
Not Malicious, But Misaligned: Why Utah Protective Order Hearings Have Become Functionally Rigged
Utah’s protective order system was not designed to punish innocent people. It was designed to prevent violence. That distinction matters. Over time, the framework has developed a structural imbalance. The…
When Help Becomes Substitution: Where Utah’s Use of Best-Interest Professionals Breaks Down Legally
This post is the second in a four-part series examining Utah courts’ reliance on guardians ad litem (GALs), private guardians ad litem (PGALs), and custody evaluators, and the legal, procedural,…
“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…
Klein v. Klein – 2025 UT App 170
Klein v. Klein - 2025 UT App 170 THE UTAH COURT OF APPEALS AMBER KLEIN, Appellee, v. MELVIN JAMES KLEIN, Appellant. Opinion No. 20240231-CA Filed November 20, 2025 Sixth District…
Don’t Count on Do-Overs: Meet Your Court Deadlines or Lose Your Rights
Courts (and the orders that govern them) mean it when they set deadlines. If you miss one, you can lose claims, defenses, evidence, or even your entire case. Excuses like…
Do We Need More and Better Court Intervention in Domestic Relations Cases?
In many types of civil litigation, the core issue is not whether time is of the essence, but whether one will eventually recover compensation, and if so, how much. Yes,…