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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…

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…

The Protective Order Deception

October 22, 2021

Abuse, Child Protective Order, Court Orders, Divorce, Divorce Court, Divorce Law, Family Law, Fathers' Divorce Issues, Men's Divorce Issues, Utah Law, Women's Divorce Issues

child protective order, court order, divorce law, domestic cases, family law, judges, protective order

We all know that a protective order provides little to no substantive protection for the purported victim. The joke around the legal profession is that when a bullet, blade, bat, or fist is headed your way, just hold up the sheet of paper on which…

How can I get an emergency hearing for custody and child support?

I will answer this question based upon the law of the jurisdiction where I practice family law (Utah). So the question is: How can I get an emergency hearing for custody and child support? The answer: Have a good reason.…

Can I get a stalking injunction against someone in a different state who stalks via social media?

June 7, 2021

Civil Stalking, Civil Stalking Injunction, Men's Divorce Issues, Protective Orders, Utah Code, Utah Law, Women's Divorce Issues

Chapter 7, civil stalking injunction, electronic, protective order, social media, stalking injunction, text message, Title 76, Title 78B, Utah code

How would you go about getting an order of protection against someone in a different state for harassment and stalking via social media? I will answer your question based upon the law of the state of Utah, where I practice…

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…

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.…

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

August 28, 2020

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…

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…

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…

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…

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

January 7, 2020

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 I petition the courts for custody of a homeless child?

December 11, 2019

Adoption, Child Custody, Child Protective Order, Guardianship, Termination of Parental Rights

adoption, child, child protective order, custody, guardianship, minor child, petition for adoption, petition for guardianship, petition to terminate parental rights, protective order, request for child protective order, termination of parental rights

Yes. In the jurisdiction where I practice family law, there are several ways to seek and obtain custody of child who is not your biological offspring: petition for guardianship petition to terminate parental rights/petition for adoption request for child protective…

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…

2019 Utah Legislative Session Makes Keeping a Protective in Place Even Easier! (Boo).

May 21, 2019

Protective Orders, Utah Code, Utah Law

dismiss, dismissal, Domestic Violence, protective order, Utah code, violation

Welcome back to our feature on new laws from the 2019 Utah Legislative Session. There were a lot of changes in family law in 2019, and one amendment was made by Senate Bill 75, which modified provisions relating to dismissal…

Overcome Prejudice from a Bogus Restraining Order in Divorce

July 16, 2018

Dirty Tricks, Protective Orders, Protective Supervision, Restraining Orders

bogus, divorce, overcome, protective order, restraining order, unfair, win

How can you win child custody during a divorce if your spouse puts a restraining order against you, based solely on verbal testimony and not pertaining to the children themselves? 1. The odds are against you, even if you are…

What can I do if my child’s mother is keeping her away from me because she has a CPO against me for an unproven accusation even though I have majority physical custody and sole legal custody?

May 24, 2018

Child Custody, Protective Orders

child custody, protective order

If the CPO (child protective order) against you does not award custody of the child to your ex, then I second the answer of Michael Smith in this thread: You can simply call the police. Inform them that there is…

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