physical abuse

Should You Get Divorced? Weighing Your Options in a Difficult Decision By Braxton Mounteer, Legal Assistant

The decisions to marry and to end a marriage are not decisions to be taken lightly. If divorce is ever an easy choice, something is terribly wrong. Wrong with the…

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What Are the Key Things You Should Do Protect Yourself During a Divorce?

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…

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What Would I Say, if I Were a Judge or Commissioner Hearing a Protective Order Request Case and I Denied the Request for the Protective Order?

I would say this: By law I cannot grant a request for a protective order unless a preponderance of the evidence supports the request. If the request lacks the support…

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What Could Be the Reasons for Someone to Return to an Abusive Partner After Filing for Divorce and Leaving Them Once Before? Why Would They Also Leave Their Children Behind?

Good reasons? Or any and all reasons? In no particular order: The abuse is not bad enough (or perceived as not bad enough) to justify terminating the relationship. Otherwise stated,…

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2024 UT App 52 – In re A.S. – child neglect, photographing genitals

2024 UT App 52 - In re A.S.   THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF A.S. AND J.S., PERSONS UNDER EIGHTEEN YEARS OF AGE.…

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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…

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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…

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In re H.M. – 2023 UT App 122 – termination of parental rights

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.…

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Is the Johnny Depp divorce trial actually newsworthy?

The divorce trial wasn’t all that newsworthy or memorable (celebrities divorcing is expected), it’s his defamation trial against his ex-wife that is newsworthy. Why?  Although his defamation case is not…

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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…

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Can I legally stop talking to my dad if he has custody (I live with my mom full time, but he’s still legally my parent as well)?

This is a good question because it deals with an issue that the law either has not addressed or cannot effectively address.  First, is there any legally permissible and practicable…

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2019 UT App 208 – In re E.R. – termination of parental rights

2019 UT App 208 - THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF E.R., A PERSON UNDER EIGHTEEN YEARS OF AGE. J.R., Appellant, v. STATE OF…

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2019 UT App 202 – State v. Baize – protective order challenge

2019 UT App 202 - THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. NATHAN DAVID BAIZE, Appellant. Opinion No. 20180326-CA Filed December 12, 2019 Fourth District Court, American…

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