abuse Archives - Divorce Utah

How do courts view mothers who abandon their family during a divorce?

How does the court view mothers that abandon their family during a divorce? Generally, with disbelief, at first. Why? A few reasons. One, to its credit, our culture still holds the concept and institution of motherhood in high esteem, so…

In re C.M.R. 2020 UT App 114 – abuse, ineffective assistance of counsel

August 25, 2020

Divorce Utah

Abuse, Ineffective Assistance of Counsel, Juvenile Court, Utah Code, Utah Court of Appeals, Utah Court of Appeals Decisions

abuse, Dependency, ineffective assistance of counsel, neglect

2020 UT App 114 https://www.utcourts.gov/opinions/appopin/In%20re%20C.M.R…20200806_20190808_114.pdf THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF C.M.R., B.T.R., P.J.R., F.S., AND O.S., PERSONS UNDER EIGHTEEN YEARS OF AGE. C.S., Appellant, v. STATE OF UTAH, Appellee. Opinion No. 20190808-CA Filed…

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

June 16, 2020

Divorce Utah

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…

Have you ever thought someone was making a mistake by getting a divorce?

Many a time. I am a divorce lawyer, but I wouldn’t wish divorce upon anyone except those who need to divorce to escape abuse, cruelty and other truly unbearable circumstances, and betrayal (if trust is irreparably broken). Some people need…

Does anyone secretly want a divorce?

Of course. Tens of thousands. Many of such people do not go through with divorce for various reasons. Some include: Fear of retaliation (whether in the form of physical, emotional, and/or financial abuse or hardship) Fear of being left financially…

Can CPS take your kids for missing two dental appointments?

August 30, 2019

Divorce Utah

Child Protective Services, Division of Child and Family Services

abuse, child protective services, children, CPS, DCFS, division of child and family services, government, parental rights, parents, power, state

Can child protective services take your kids for missing two dental appointments? Yes (and well they should), if the dental appointments are necessary to protect the child from disfigurement, from death or serious risk of death or harm, from superfluous…

Utah Rules of Civil Procedure Rule 109. Injunction in Certain Domestic Relations Cases

July 9, 2019

Divorce Utah

Court Rules, Divorce Law, Restraining Orders, Utah Law

2019, abuse, allow to lapse for voluntary nonpayment of premiums, annulment, attempt to influence a child's preference regarding custody or parent time, automobile insurance, best efforts to prevent third parties from doing what the parties are prohibited from doing, cancel, change the beneficiary, child, conceal, custody, demean or disparage the other party, dispose of, divorce, domestic injunction, Domestic Violence, effective November 1, electronic disturb the peace, encumber, harass, health insurance, homeowner's insurance, how to contact the child or traveling party, identification, image, Injunction in Certain Domestic Relations Cases, interfere with telephone, intimidate, involve the child in the issues of the petition, itinerary of travel dates and destinations, life insurance, likeness, modify, name and telephone number of an available third person who will know the child's location, neither party may make parent time arrangements through the child, non-routine travel with the child, obtain a service, obtain credit, open an account for service, or paternity, order of the court, other party's name, other services, Parent Time, property, renter's insurance, Rule 109, say or do anything that would tend to diminish the love and affection of the child for the other party, support, temporary separation, terminate, transfer, upon filing the initial petition, upon receipt of a copy of the injunction as entered by the court, utility, written consent of the other party

UPDATE on new Utah Rules of Civil Procedure Rule 109: Utah Court Notices notices@utcourts.gov via usblists.utahbar.org 8:57 AM to utahstatebarnews Subject: [UtahStateBarNews] Notice of new effective date for Rule 109 of the Utah Rules of Civil Procedure The Utah Supreme…

What do you do about domestic abuse?

June 28, 2019

Divorce Utah

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…

In re K.J., 2018 UT App 216 Utah Court of Appeals – termination of parental rights

December 3, 2018

Divorce Utah

Termination of Parental Rights, Utah Court of Appeals, Utah Court of Appeals Decisions

abuse, Chapter 6., dependency proceedings, neglect, termination of parental rights, Utah Coee Title 87A

2018 UT App 216 The Utah Court of Appeals State of Utah, In the Interest of K.J., A Person under Eighteen Years of Age. J.J., Appellant, AND C.J., Appellant, v. STATE OF UTAH, Appellee. Opinion Nos. 20170812-CA and 20170814-CA Filed…

Tag: abuse