BLANK

Domestic Violence

Home Domestic Violence

Twitchell v. Twitchell – 2022 UT App 49 – child custody and support

April 18, 2022

Appeal, Best Interest of the Child, Child Custody, Child Support, Child Support Calculation, Children in Divorce, Coping With Divorce, Court Orders, Court Rules, Custody, Dirty Tricks, Divorce, Divorce Court, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Domestic Violence, Family Law, Fathers' Divorce Issues, Findings of Fact and Conclusions of Law, Judges, Legal System, Men's Divorce Issues, Mothers' Divorce Issues, Parent Time, Parental Fitness, Parenting Plan, Physical Custody, Preparing for Divorce, Procedure and Evidence, Sole Custody, Utah Code, Utah Court of Appeals Decisions, Utah Court Rules, Utah Law, Visitation, Women's Divorce Issues

appeal, calculation, child custody, Child Support, child support obligation, conclusions of law, deviate, district court, divorce decree, Domestic Violence, evidence, findings of fact, income, moral character, neglect, Parent Time, physical abuse, physical custody, statutory minimum schedule, trial court, Utah Code § 30-3-10, Utah Code § 30-3-34, Utah Code § 30-3-35, Utah Code § 30-3-35.5, Utah Code § 78B-12-203, Utah Court of Appeals

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 District Court, Logan Department The Honorable Brian G. Cannell No.…

How effective are AMBER Alerts in child custody cases?

March 17, 2022

Child Abuse, Child Custody, Child Neglect, Child Protective Services, Domestic Violence, Family Law

Amber Alert, child protective order, child protective services, CPO, CPS, effective, family law, family lawyer, kidnapping

It depends upon what criteria define “effective”. More child abductions have been prevented with the Amber Alert system in place than without it, yet it’s impossible to say how many abducted children would have been found in the absence of…

These Moving Companies Move Domestic Abuse Victims for Free

February 17, 2022

Abuse, Child Abuse, Domestic Violence, Family Law, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues

abuse, abusive relationship, divorce, domestic abuse victims, Domestic Violence, domestic violence victims, family, movers, moving

Today’s blog post is a guest post from Hire A Helper. This is not a paid placement. We hope you find it useful, if you or a loved one need this kind of help. Domestic abuse happens more than you might think,…

2022 UT App 15 – Miller v. DaSilva – protective order objections

February 10, 2022

Abuse, Appeal, Civil Stalking, Civil Stalking Injunction, Court Orders, Court Rules, Divorce Fears, Divorce Law, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness, Domestic Relations Commissioners, Domestic Violence, Judges, Legal System, Men's Divorce Issues, Protective Orders, Stalking, Stalking Injunction/Civil Stalking Injunction, Utah Code, Utah Court of Appeals Decisions, Utah Court Rules, Utah Law, Women's Divorce Issues

§ 78B-7-604, § 78B-7-603, 10 days, 14 days, Chapter 7, cohabitant abuse, cohabitant abuse act, cohabitant abuse protective order, Cohabitant Abuse Protective Orders, commissioner, domestic abuse, ex parte protective order, hearing, Judicial Code, Part 6, petitioner, protective order, Protective Orders and Stalking Injunctions, recommendations, respondent, rule 108, Title 78B, Utah Court of Appeals, Utah R. Civ. P. 108(a), Utah R. Jud. Admin. 6-401, Utah Rules of Civil Procedure

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 3, 2022 Third District Court, Salt Lake Department The Honorable…

State v. Redden – 2022 UT App 14 – protective orders – enhanced penalties

January 31, 2022

Abuse, Domestic Violence, Jurisdiction, Protective Orders, Utah Code, Utah Court of Appeals Decisions, Utah Law

10 years, class A misdemeanor, commits, convicted, crime, Domestic Violence, enhancement, offense, third degree felony, Utah Code § 77-36-1.1(2)(c)

2022 UT App 14 THE UTAH COURT OF APPEALS STATE OF UTAH, Appellant, v. JOEL CHANCE REDDEN, Appellee. Opinion No. 20200700-CA Filed January 27, 2022 Fifth District Court, Cedar City Department The Honorable Keith C. Barnes No. 191500842 Sean D.…

Do you agree with Brad Pitt winning joint custody of his children with Angelina Jolie?

I normally don’t comment on popular culture matters dealing with divorce, but for this question I will make an exception. I have no idea what kind of parents Angelina Jolie and Brad Pitt are. I don’t know what findings the…

What are the grounds for filing for a divorce in Utah?

First, you need to understand that Utah, like every other state in the U.S. has what are known as a “no-fault divorce law”. No-fault divorce means that you don’t have to plead or show that your spouse committed any kind…

After a divorce, should my kids be with me or with the mom?

June 1, 2021

Abuse, Addiction, Adoption, Best Interest of the Child, Business Interests, Child Abuse, Child Custody, Child Custody Modification, Child Neglect, Children in Divorce, Coping With Divorce, Court Orders, Court Rules, Custody, Custody Evaluation, Dirty Tricks, Divorce, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Domestic Violence, Emotional abuse, Equity, Evidence, Family Law, Fathers' Divorce Issues, Joint Legal Custody, Joint Physical Custody, Judges, Justice and Equity, Legal Custody, Legal System, Men's Divorce Issues, Modification of Child Custody, Modification of Decree of Divorce, Modification of Parent-time, Mothers' Divorce Issues, Motion Practice, Noncustodial parents, Parent Time, Physical Custody, Sole Custody, Unwed Parents, Utah Code, Utah Law, Women's Divorce Issues

child custody, fathers, joint custody, joint equal custody, legal custody, mothers, parent, parents

First, you need to understand that you’re asking the wrong question. Child custody is not a zero-sum game; otherwise stated, when parents divorce, or when unmarried parents separate, where you get the idea that the children must be in the…

Does a spouse have the right to see a DUI report?

First, if you are referring to a police report of a DUI citation and/or arrest, in most jurisdictions such records are public record, and thus available not only to your spouse, but to any other member of the public. Second,…

Does a spouse have the right to see a DUI report?

Does a spouse have the right to see a DUI report? First, if you are referring to a police report of a DUI citation and/or arrest, in most jurisdictions such records are public record, and thus available not only to…

How do I know if my relationship is abusive? How abusive does it have to be to get sole custody of my children?

December 17, 2020

Abuse, Domestic Violence, Emotional abuse, Utah Law

abuse, abusive relationship, Domestic Violence, gaslighting, GoodTherapy.com, psychologytoday.com, reactive abuse, relationship abusive, Stockholm Syndrome

How do I know if my relationship is abusive? How abusive does it have to be to get sole custody of my children? How do I know if my relationship is abusive? How abusive does it have to be to…

What advice would you give me before divorce, if I’m not in the wrong?

What advice would you give someone before a divorce, if it’s known it may happen and you’re not in the wrong? This is a very important question that too few people ask. Does this sound familiar?: Your spouse is making…

Unique challenges for men and women face in divorce and child custody

September 16, 2020

Alimony and Support, Child Custody, Custody, Domestic Violence, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues

alimony, child custody, Domestic Violence, men, protective order, restraining order, stalking injunction, unique challenges, women

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 23 years in the practice of divorce and family law.…

Practical steps to take to prepare to leave an abusive relationship?

June 16, 2020

Abuse, Domestic Violence

abuse, Domestic Violence, emotional violence, escape, leave, violence

What are practical, tangible steps someone can and should take when preparing to escape an abusive relationship? If it’s physically violent abuse: I really like what Fredric Garms had to say on this subject: Fredric Garms’s answer to What are…

2019 UT App 205, Utah Court of Appeals, State v. Wall – ex-wife murdered

2019 UT App 205 – THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. JOHNNY BRICKMAN WALL, Appellant. Opinion No. 20151017-CA Filed December 12, 2019 Third District Court, Salt Lake Department The Honorable James T. Blanch No. 131903972 Troy…

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

January 15, 2020

Domestic Violence, Men's Divorce Issues, Protective Orders, Utah Code, Utah Court of Appeals Decisions, Utah Law, Women's Divorce Issues

§ 77-36-1.1, 2019, any other form of abuse, cannot attack validity of protective order, child, civil in nature, collateral bar rule, collaterally attack, communicate, contact, December 12, directly, divorced, e-mail, four counts, harassing, indirectly, joint legal custody verbal abuse, mail, married, offended, phone, physical abuse, physically hurting, protective order, Respondent appealed his convictions for violating a protective order and lost. 2019 UT App 202, review for correctness, sole physical custody, stalking, State v. Baize, threatening, unconstitutional prior restraint of speech, unconstitutionally vague, Utah Code Ann. § 76-5-108, Utah Court of Appeals, violating, violating protective order, violence

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 Fork Department The Honorable Roger W. Griffin No. 161100835 Douglas…

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 question is: You move. Easier said than done, I know,…

You’re just arrested for crimes you didn’t commit. Do you talk to the police?

December 13, 2019

Abuse, Child Abuse, Child Neglect, Division of Child and Family Services (DCFS), Domestic Violence

5th Amendment, James Duane, right to remain innocent, right to remain silent

You were just arrested for a crime you didn’t commit. Do you talk to the police and detectives, or stay silent and call an attorney? Exercise your right to remain silent, and exercise it properly. Here is the best explanation…

Burggraaf v. Burggraaf – 2019 UT App 195 – imputing income, vacating alimony

December 9, 2019

Alimony and Support, Appeal, Child Custody, Child Support, Child Support Enforcement, Children in Divorce, Co-parenting, Custody, Debts, Discovery, Division of Marital Property, Divorce and Taxes, Divorce Law, Divorce Preparedness, Domestic Violence, Fathers' Divorce Issues, Fault, Finances, Joint Legal Custody, Joint Physical Custody, Judges, Marital Home, Marital Property, Men's Divorce Issues, Mothers' Divorce Issues, Parent Time, Personal Property, Physical Custody, Property Division, Real Estate/Real Property, Sole Custody, Spousal Support, Utah Code, Utah Court of Appeals Decisions, Utah Law, Visitation, Women's Divorce Issues

2019 UT App 195, ability to pay, alimony, appeal, calculating alimony, calculating child support, Child Support, debt, divorce, imputed income, need, property distribution, separate debt, student loans, Utah Court of Appeals, vacate

2019 UT App 195 THE UTAH COURT OF APPEALS CAROL BURGGRAAF, Appellee, v. BRIAN JOSEPH BURGGRAAF, Appellant. Opinion No. 20180405-CA Filed November 29, 2019 Second District Court, Ogden Department The Honorable Camille L. Neider No. 154902227 Julie J. Nelson, Erin…

Has anyone you know been framed for domestic violence?

November 1, 2019

Abuse, Amicable Divorce, Dirty Tricks, Divorce Costs, Divorce Fears, Divorce Mistakes, Divorce Preparedness, Domestic Violence, Men's Divorce Issues, Mental Illness, Protective Orders, Utah Law, Women's Divorce Issues

I’m a divorce and family lawyer, and so the crimes I see people framed for or manipulated into “committing” are domestic violence types. It’s frighteningly easy to do. Before I go any further, I note: virtually every time I write…

Menu