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Stalking Injunction/Civil Stalking Injunction

Home Stalking Injunction/Civil Stalking Injunction

2023 UT App 48 – Anderson v. Deem – civil stalking injunction

2023 UT App 48 – Anderson v. Deem THE UTAH COURT OF APPEALS ELLIE ANDERSON, Appellant, v. JACKSON DEEM, Appellee. Opinion No. 20210558-CA Filed May 11, 2023 Fourth District Court, Provo Department The Honorable Robert A. Lund No. 210400723 Jason…

2023 UT App 57 – State v. Schroeder

2023 UT App 57 – State v. Schroeder THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. MICHAEL SCHROEDER, Appellant. Opinion No. 20190339-CA[1] Filed May 25, 2023 Fifth District Court, Cedar City Department The Honorable Troy A. Little No.…

Corona-Leyva v. Hartman – 2022 UT App 45 – civil stalking injunction

Corona-Leyva v. Hartman – 2022 UT App 45 THE UTAH COURT OF APPEALS SERGIO CORONA-LEYVA, Appellee, JESUS HARTMAN, Appellant. Opinion No. 20200948-CA Filed April 7, 2022 Fourth District Court, Provo Department The Honorable Thomas Low No. 200401402 Sara Pfrommer, Ronald…

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.…

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…

Do judges sometimes feel overburdened by the responsibilities of their job?

Yes, and for good reason. First, let me be unusually but sincerely candid: many judges and many of the actions that judges take disappoint me. There are some excellent judges on the bench who are clearly skilled in the law…

Can I get a restraining order against a couple?

October 6, 2020

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

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…

What happens to a person who files a protective order out of spite?

August 11, 2020

Protective Orders, Stalking Injunction/Civil Stalking Injunction

civil stalking injunction, order of protection, protective order, stalking injunction

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 dangerous and their victim’s or potential victims need and deserve…

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

July 27, 2020

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…

2020 UT App 73 – Utah Court of Appeals – civil stalking, contempt, intent

2020 UT App 73 THE UTAH COURT OF APPEALS ALICIA W. KOEHLER, Appellee, MARK STEWART ALLEN, Appellant. Opinion No. 20190395-CA Filed May 7, 2020 Fourth District Court, Provo Department The Honorable M. James Brady No. 160400655 Scott N. Weight, Attorney…

Can I renew the no contact order?

April 17, 2020

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

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…

Can I get a restraining order against my abusive ex if we both use public transportation?

September 2, 2019

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

abusive ex, public transportation, restraining order, restraining orders, stalking injunction

Do you mean to ask: “Can I get a restraining order against my abusive ex that prevents him/her from using the same public transportation as I do?” If so, the answer is: probably not. Unless you can show that whenever…

What do you do about domestic abuse?

June 28, 2019

Abuse, Domestic Violence, Protective Orders, Stalking Injunction/Civil Stalking Injunction

abuse, abused men, abused women, Domestic Violence, gun, protective order, stalking injunction, violence

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 your jurisdiction, coupled with the court that is willing to…

Higley v. Buhler – 2019 UT App 96 – civil stalking injunction

Higley v. Buhler – 2019 UT App 96 THE UTAH COURT OF APPEALS JEDEDIAH WELLS HIGLEY, Appellee, v. BRYAN DEAN BUHLER,Appellant. Per Curiam Opinion No. 20180925-CA Filed June 6, 2019 First District Court, Logan Department The Honorable Brian G. Cannell…

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