The High Cost of the “If It Saves Just One Life” Fallacy
In the world of public policy, there is a phrase that acts as a universal solvent for logic, restraint, and due process: “If it saves just one life.” The phrase is…
“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…
Orem City v. Jakeman – 2025 UT App 187 – continuous protective orders after sentencing
2025 UT App 187 THE UTAH COURT OF APPEALS OREM CITY, Appellee, v. DAVID AMMON JAKEMAN, Appellant. Opinion No. 20241042-CA Filed December 18, 2025 Fourth District Court, Spanish Fork Department…
“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…
Can My Ex Legally Let a Sex Offender Be Around My Kids in Utah?
TL;DR: No, not without strict limits. In Utah, no parent may not allow a registered sex offender to be around your children—even in that parent’s own home—without the other parent’s…
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…
State v. King – 2024 UT App 151 – Domestic Violence – Evidence – Effective Counsel
State v. King - 2024 UT App 151 THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v.. PHILLIP MASON KING, Appellant. Opinion No. 20210710-CA Filed October 24, 2024 Second…
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.…
New Laws Affecting Utah Divorce and Family Law in 2022
Here is a summary of new law affecting divorce and family law that was created by the Utah State Legislature in 2022: HB (House Bill) 122 1st Substitute, entitled “Family…
What do husbands do when they are served with a restraining order?
What do husbands usually do when they are served with a restraining order? The innocent ones: “What the he— is this?” “She can’t legally do this, can she?” “Oh my…
Can you get a restraining order against a minor if you’re an adult?
Certainly. Restraining orders are for the protection of the person needing the protection, and if a child is a threat to your life or safety and you can prove that to…
Domestic Violence and Protective Orders: What do I Need to Know?
This blog post answers the following questions: Do I qualify to get a protective order? How do I obtain a protective order: against an abusive partner, spouse or ex-spouse? for…
How do I make sure my ex stays away with the protective order in place?
How do I make sure my ex stays away with the protective order placed by the DA (district attorney) from DV (domestic violence) on his part? Stay away from him.…
Using Smart Home Devices to Stalk and Harass
Lawyers consider restraining orders to stop abusers from using smart home devices to harass - but you can protect yourself Some domestic abusers are using smart home devices to intimidate,…
What’s up with restraining orders? How can she keep calling and texting me?
Why can someone get a restraining order but still see the person she put in on and have videos, texts, and calls? Can they get in trouble or arrested for…
Defending Yourself Against a Protective Order
My friend is a good man. His wife is crazy. She put a protection order against him, to help manipulate the court proceedings. What should he do? Defend himself with…