Restraining Orders Archives

Noel v. James – 2022 UT App 33 – civil stalking injunction

Noel v. James – 2022 UT App 33 THE UTAH COURT OF APPEALS MICHAEL EARL NOEL, Appellee, v. WILLIAM THOMAS JAMES, Appellant. Opinion No. 20200565-CA Filed March 10, 2022 Sixth District Court, Kanab Department The Honorable Marvin D. Bagley No.…

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 is not provided with a copy of the restraining order…

How do I get a copy of my restraining order that I have on my ex?

December 6, 2021

Divorce Utah

Court Orders, Court Rules, Divorce Attorneys, Divorce Court, Divorce Law, Divorce Lawyers, Restraining Orders

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How do I get a copy of my restraining order that I have on my ex? I lost the original copy. My answer applies to how you can obtain a copy of any order (not just a restraining order) in…

What is a court order and its types?

December 2, 2021

Divorce Utah

Court Orders, Legal System, Order to Show Cause, Protective Orders, Restraining Orders

court order, court rules, law definitions, legal definition, legal orders, legal system, types of orders

Here’s the definition from Black’s Law Dictionary (11th ed. 2019): order n. (16c) 1. A command, direction, or instruction. See MANDATE (1). 2. A written direction or command delivered by a government official, esp. a court or judge. • The word generally embraces final decrees as well as…

When a restraining order expires, is there some documentation that the respondent can get to prove the expiration?

In Utah, the answer to your question would be: Yes, in the form of the restraining order itself. The restraining order itself states that “[t]he order shall expire by its terms within such time after entry, not to exceed 14…

Are there laws that protect one parent from being a victim of the other parent’s continuous reporting, through the other parent’s attorney, about violations of a restraining order that are all lies?

Are there laws that protect one parent from being a victim of the other parent’s continuous reporting, through the other parent’s attorney, about violations of a restraining order that are all lies? Are there laws that protect one parent from…

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 different, but welcome to what may be an experience that…

Does a Restraining Order Prevent Me from Communicating with the School?

December 1, 2020

Divorce Utah

Children in Divorce, Civil Stalking, Civil Stalking Injunction, Family Law, Protective Orders, Restraining Orders, Utah Code, Utah Law

child, communicating, contact, court, expansive construction, interpretation, judge, prevent, restraining order, school

Does a Restraining Order Prevent Me from Communicating with the School? If a school age child has a restraining order against a parent prohibiting him from coming within a certain distance from the school, can they still call the school…

Can I get a restraining order against a couple?

October 6, 2020

Divorce Utah

Civil Stalking Injunction, Protective Orders, Restraining Orders, Stalking Injunction/Civil Stalking Injunction

against couple, restraining order

Can I get a restraining order against a couple? In a sense, no (but you can still obtain a restraining order against both people). A “couple” would not be something against which you can get restraining or protective order, but…

Hardy v. Hardy – 2020 UT App 88 – Utah Court of Appeals – civil stalking

September 23, 2020

Divorce Utah

Civil Stalking, Dirty Tricks, Protective Orders, Restraining Orders, Stalking, Stalking Injunction/Civil Stalking Injunction, Utah Code, Utah Court of Appeals Decisions, Utah Law

2020 UT App 88 THE UTAH COURT OF APPEALS KAREN HARDY, Appellee, v. BRIAN NEIL HARDY, Appellant. Opinion No. 20190496-CA Filed June 11, 2020 Fifth District Court, St. George Department The Honorable Michael Leavitt No. 190500106 Lewis P. Reece and…

Can Being in a Zoom or WebEx Meeting Violate a Restraining Order?

August 28, 2020

Divorce Utah

Protective Orders, Restraining Orders

call, conference, meeting, physical presence., protective order, restraining order, violation, webex, zoom

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 meeting or a call and that person that I have…

If someone obtains a restraining order against me, can I obtain one against him/her?

July 27, 2020

Divorce Utah

Protective Orders, Restraining Orders, Stalking Injunction/Civil Stalking Injunction

perp, perpetrator, preemptive, protective order, restraining order, stalking injunction

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 you, can you put one on them before anything is…

Can I sell or trade in the family car while divorce proceedings are pending?

Can I sell or trade in the family car while divorce proceedings are pending? How would a spouse in process of divorce go about trading her van that is in both spouses name, if the other spouse is uncooperative? Would…

What do husbands do when they are served with a restraining order?

May 4, 2020

Divorce Utah

Protective Orders, Restraining Orders

protective orders, restraining orders, TRO

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 gosh, do you see all the B.S. claims she’s making…

Can I renew the no contact order?

April 17, 2020

Divorce Utah

Protective Orders, Restraining Orders, Stalking Injunction/Civil Stalking Injunction

no contact order, protective order, stalking injunction, temporary restraining order, TRO

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 contact order) refuse to renew the no contact order, then…

Can I get a restraining order against a person living in the same house?

March 18, 2020

Divorce Utah

Abuse, Dirty Tricks, Divorce Fears, Divorce Preparedness, Protective Orders, Restraining Orders, Stalking Injunction/Civil Stalking Injunction

civil stalking injunction, protective order, restraining order

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 reside separately as a condition to obtaining a restraining order…

How can I get my high-conflict ex to violate any terms of our court order?

How can I get my high-conflict ex to violate any terms of our court order? He operates within the confines of the legal language, but harasses and torments me at every opportunity. I have no recourse because he hasn’t broken…

2019 UT App 207 – Peeples v. Peeples – modification of child custody

January 7, 2020

Divorce Utah

Abuse, Best Interest of the Child, Child Abuse, Child Custody, Child Custody Modification, Children in Divorce, Co-parenting, Contempt of Court, Coping With Divorce, Custody, Custody Evaluation, Divorce Fears, Divorce Law, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Expert Witnesses, Family Law, Fathers' Divorce Issues, Findings of Fact and Conclusions of Law, GAL (Guardian ad Litem), Joint Legal Custody, Mediation, Men's Divorce Issues, Modification of Child Custody, Mothers' Divorce Issues, Negotiation, Parenting Plan, Physical Custody, Procedure and Evidence, Protective Orders, Restraining Orders, Sole Custody, Utah Code, Utah Court of Appeals Decisions, Utah Law, Women's Divorce Issues

2019, 2019 UT App 207, best interest, bifurcate, bifurcated decree, children failed to demonstrate substantial change in the circumstances, clear error, custody evaluator, December 19, denied visitation, distinction between stipulated and adjudicated decrees, domestic relations commissioner, emotional, emotional abuse, failed to meet burden to prove change in circumstances, five out of every fourteen, guardian ad litem, in “high conflict” cases burden of demonstrating a change in circumstances is higher than normal, incorrect legal standard decree was stipulated rather than adjudicated, intellectual, joint legal custody, modify divorce decree, moral development, motion to dismiss, no change in circumstances, no separate standard that courts are to apply in high-conflict cases when considering whether a substantial change of circumstances is present in the context of a petition to modify, Opinion No. 20180713-CA, overnights, PEEPLES v. PEEPLES, ping-pong custody awards, presence or absence of a substantial change in circumstances, primary physical custody, protective order, reasonable degree of stability, res judicata, school year, settlement conference, sole custody, sole physical custody, stable employment, stable home environment, summertime, Utah Code Ann. § 30-3-10.4(2)(b), Utah Court of Appeals, violations of decree could be resolved in contempt proceedings, violence

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 Lake Department The Honorable Andrew H. Stone No. 044901980 Brian…

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,…

Can you get a restraining order against a minor if you’re an adult?

December 27, 2019

Divorce Utah

Protective Orders, Restraining Orders

adult, burden, child, court, evidence, life, minor, proof, protection against a minor child, protective orders, prove, restraining orders, safety, threat

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 the satisfaction of the court, you can get a restraining…