“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…
One of the most complex, high-stakes scenarios occurs when federal immigration policies collide head-on with state domestic relations law. Under the federal Violence Against Women Act (VAWA), a non-citizen spouse…
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 temporary protective order should do one thing well: protect against the danger actually alleged and shown by nothing less than a preponderance of the evidence. It should not become…
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…
This post is a companion to The Bloodletting of Family Law. That post diagnosed a system that mistakes itself for the cure. This one is about the cure the system…
Protective orders are among the most powerful and disruptive tools Utah courts wield—all on an expedited timeline and often on a limited record. The law governing these orders is clearly…
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…
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…
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…
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…
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…
“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 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. THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF A.S. AND J.S., PERSONS UNDER EIGHTEEN YEARS OF AGE.…
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 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…
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…
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 placed by the DA (district attorney) from DV (domestic violence) on his part? Stay away from him.…
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,…
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…
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…