State v. Barney – 2025 UT App 153 – Stalking (criminal)
2025 UT App 153 THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. DEVIN STIRLING BARNEY, Appellant. Opinion No. 20240178-CA Filed October 23, 2025 Fifth District Court, Cedar City…
How to Identify and Avoid Some Common Dirty Tricks in Divorce Cases. By Braxton Mounteer, Legal Assistant
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…
After Divorce, My Ex Uses Parental Controls to Spy on My Parenting Time. Can Tech Custody Agreements Exist?
Yes, they can. Not merely agreements, but binding and enforceable court orders can be made by the court to address such an issue too. They are hard to enforce (because…
It Tolls for Thee: The All Too Frequent Tragic Cost and Futility of Family Court
“Quid rides? Mutato nomine et de te fabula narrator. [Why do you laugh ? Change only the name and this story is about you.]” Here’s a deeply disturbing but all…
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…
Too Many Fraudulently Sought Protective Orders? – The Buck Stops with the Courts
I humbly and respectfully submit that the following clearly do not meet the burden of proof under the preponderance of evidence standard and thus do not support entry of a…
How Does Fraudulently Filing for a Protective Order Often Give the Applicants an Insurmountable Unfair Advantage in a Divorce or Child Custody Case?
By exploiting legal mechanisms designed to protect actual victims, here are ways that fraudulently seeking a protective order can create an unfair advantage: Immediate Restriction on Contact and Access Temporary…
Too Many Fraudulently Protective Orders? – The Buck Stops with the Courts
It could have happened as alleged I find the applicant credible (but I won’t mention that a) I also find the respondent equally credible; or b) I can’t articulate a…
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…
2024 UT App 133 – Bountiful City v. Swenson – Protective Order Violation
2024 UT App 133 - Bountiful City v. Swenson THE UTAH COURT OF APPEALS BOUNTIFUL CITY, Appellant, v. ROBERT TAKASHI SWENSON, Appellee. Opinion No. 20230430-CA Filed September 19, 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…
If Someone Is Caught Breaking a Protection Order and They Go to Court for That Can the Person Who Needed the P.O. Go to Court to Speak out About the Violation?
Yes, but it depends upon what you mean by “can the person who needed the P.O. go to court to speak out about the violation?” If the person who needed…
Lessons for Protective Order Respondents from the case of State v. Lewis (2024 UT App 96)
On July 11, 2024, the Utah Court of Appeals issued its decision in the case of State v. Lewis (2024 UT App 96). The appellant, Kevin Lewis (Kevin), appealed his conviction for…
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…
Do Many Women Lie About DV in Divorce and Child Custody Court Cases?
Yes. Many women (not all, but many more than we'd like to believe unquestionably lie and make outright false or grossly exaggerated domestic violence claims. The temptation to tell such…
State v. Fowers – 2023 UT App 128 – violation of protective order
State v. Fowers - 2023 UT App 128 THE UTAH COURT OF APPEALS STATE OF UTAH, Appellant, v. THOMAS FOWERS, Appellee. Opinion No. 20220073-CA Filed October 26, 2023 Fourth District Court,…
2022 UT App 15 – Miller v. DaSilva – protective order objections
2022 UT App 15 - Miller v. DaSilva http://www.utcourts.gov/opinions/view.html?court=appopin&opinion=Miller v. Dasilva20220203_20200719_15.pdf THE UTAH COURT OF APPEALS LISA M. MILLER, Appellant, v. AMY ELIZABETH DASILVA, Appellee. Opinion No. 20200719-CA Filed February…
Does the respondent get a copy of a restraining order?
Yes, the respondent gets one, as long as the respondent can be found so that he/she can be handed, mailed, or electronically provided with a copy. Indeed, if a respondent…
The Protective Order Deception
We all know that a protective order provides little to no substantive protection for the purported victim. The joke around the legal profession is that when a bullet, blade, bat, or fist is headed your…
How can I get an emergency hearing for custody and child support?
I will answer this question based upon the law of the jurisdiction where I practice family law (Utah). So the question is: How can I get an emergency hearing for…
Can I get a stalking injunction against someone in a different state who stalks via social media?
How would you go about getting an order of protection against someone in a different state for harassment and stalking via social media? I will answer your question based upon…
My parents filed an order of protection against me. Is there any way I can fight this at age 17 knowing that I’ve done no wrong?
My parents filed an order of protection against me. Is there any way I can fight this at age 17 knowing that I’ve done no wrong? Your experience may be…
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…
Can Being in a Zoom or WebEx Meeting Violate a Restraining Order?
Can Being in a Zoom or WebEx Meeting Violate a Restraining Order? What's going to happen if I have a restraining order and I get on Zoom to make a…
What happens to a person who files a protective order out of spite?
What happens to a person who files a protective order out of spite? Unless you can prove it was filed out of spite/fraudulently: nothing. Clearly, there are people who are…
If someone obtains a restraining order against me, can I obtain one against him/her?
If someone put a restraining order on you only because they thought you were going to put one on them and they are the one who is stalking and harassing…
Can I renew the no contact order?
Probably, but even if the no contact order cannot be renewed, or if the police or court (depending upon who in your jurisdiction has the authority to renew the no…
Can I get a restraining order against a person living in the same house?
Can one get a restraining order against a person living in the same house as me? Sure. There’s no requirement that the petitioner and respondent in a restraining order matter…
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…
2019 UT App 207 – Peeples v. Peeples – modification of child custody
2019 UT App 207 - THE UTAH COURT OF APPEALS ADAM LEGRANDE PEEPLES, Appellee, v. ANNALEISE T. PEEPLES, Appellant. Opinion No. 20180713-CA Filed December 19, 2019 Third District Court, Salt…
To whom do you turn to when the police won’t protect you from your ex?
I am a domestic relations attorney. With this in mind, and if you are convinced that you don’t have enough evidence to obtain a restraining order, my answer to your…
Can I petition the courts for custody of a homeless child?
Yes. In the jurisdiction where I practice family law, there are several ways to seek and obtain custody of child who is not your biological offspring: petition for guardianship petition…
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 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…
Overcome Prejudice from a Bogus Restraining Order in Divorce
How can you win child custody during a divorce if your spouse puts a restraining order against you, based solely on verbal testimony and not pertaining to the children themselves?…
What can I do if my child’s mother is keeping her away from me because she has a CPO against me for an unproven accusation even though I have majority physical custody and sole legal custody?
If the CPO (child protective order) against you does not award custody of the child to your ex, then I second the answer of Michael Smith in this thread: You…