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Utah Domestic Violence Questions & Answers
2 Answers | Asked in Immigration Law and Domestic Violence for Utah on
Q: Can I file for vawa on my own or will I need a lawyer

My husband is a permanent resident and I'm out of status. He is very verbally abusive. We were married for 3 weeks and I left after being suicidal and over dosing on sleeping pills. He always uses my immigration status to "get me in line". Threatens to divorce me and tells me that he... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on Mar 22, 2022

Yes you should retain counsel to process your VAWA case. Unrepresented parties are not taken very seriously by USCIS.

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1 Answer | Asked in Domestic Violence for Utah on
Q: Rights under restraining order

If a person has a restraining order against them and needs to recover personal property from the area such as a motorcycle. What legal recorce do they have to recover the property?

William Melton
William Melton answered on Nov 23, 2021

You should contact the local police department and ask them to assist you in recovering property. Many times they can help facilitate that without having to go to court. If not, then you will need to request a hearing with the court that issued the protective order and ask for it to be amended to... Read more »

1 Answer | Asked in Family Law, Domestic Violence and Juvenile Law for Utah on
Q: If I've run away from home and am living somewhere else unofficially can I contact my family? Can my dad take me home?

I ran away from home recently and DCFS hasn't really been over to tell me where I was going and what I was doing. They came over once to see if I had a place to go and a bed to sleep in, etc. The agent told the family I'm staying with that my father can legally take me home with him... Read more »

Mike Branum
Mike Branum answered on Jun 11, 2021

There is no reason you cannot contact your family and for the sake of your future relationship with them, you should. Until someone else is appointed your guardian, you are emancipated, or you turn 18; yes, your father could take you home. As your parent, he has that right.

In order to be...
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2 Answers | Asked in Child Custody, Family Law and Domestic Violence for Utah on
Q: Can I get emancipated from a family that's abusive without legal consent from my parents? I'm 16

I've recently ran away from home because my dad has been abusive for years and I have gotten a bunch of support from my friends and my friends got me out of the house. I was in some trouble for another legal thing that I also need answers for. When I ran away I was talking with my local police... Read more »

Mike Branum
Mike Branum answered on Jun 10, 2021

Utah Legal Services may be able to connect you with a local attorney who could help you pro bono (free). The short answer is "yes, you can be emancipated without your parents consent." You will need to show that you can actually support yourself and not rely on the family you are staying... Read more »

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1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Utah on
Q: Can you petition for an ex parte child protective order in UT, for an (unrelated) child who recently moved out of UT?

Child was in utah for years before leaving with mother to flee domestic violence. no custody orders on child have ever been filed. Petitioner was the perpetrator of domestic violence, and is not at all related to child and has never lived with child. Does Utah allow for people to petition for a... Read more »

Mike Branum
Mike Branum answered on Dec 14, 2020

UCCJEA questions are never simple and this forum allows for very few details so remember that this answer is NOT legal advice. That being said, you can FILE for a lot of things; whether or not the Order is enforceable is another matter. It is incredibly difficult to get orders of this nature... Read more »

1 Answer | Asked in Divorce, Civil Litigation, Civil Rights and Domestic Violence for Utah on
Q: I need a lawyer criminal divorce and 2civil case, I'm disabled and need one that will work with me on the fees

St. George ut.

William Melton
William Melton answered on Jun 10, 2020

Send me an email and I would be happy to talk to you about your case.

2 Answers | Asked in Domestic Violence for Utah on
Q: What can happen if you were arrested for DV-Assault-Simple and intoxication?

Both parties participated in a physical altercation but only one was arrested.

Lane Wood
Lane Wood answered on Mar 2, 2020

What can happen and what will happen are fact dependent questions. This can depend on what evidence exists, what happened in the physical altercation, who was the aggressor, etc. DV assault is generally charged as a class B misdemeanor. As a Class B, the maximum penalty is 6 months in jail and a... Read more »

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1 Answer | Asked in Criminal Law and Domestic Violence for Utah on
Q: My boyfriend is charged w/ aggravated kidnapping for a minor altercation we had that lasted 3-5 min. Is that substantial

Is that considered a substanial ammount of time as it is stated in the statue this happened in utah

Aric M. Cramer
Aric M. Cramer answered on Dec 1, 2019

Aggravated Kidnapping is a First Degree Felony that can carry life without parole. You need an attorney in the worst way. Hire one TOMORROW!

1 Answer | Asked in Domestic Violence and Family Law for Utah on
Q: Am I obligated to comply with DCFS in a child welfare case if I have not been through the mediation process yet?

I was the victim of domestic violence and my husband told the police I abused drugs after he physically attacked me in an effort to take the attention off himself. Prior to the argument I had told him that I had used a week prior thinking that it was a priviged cinversation. Can I argue that it... Read more »

Brian Craig
Brian Craig answered on Oct 22, 2019

There are two privileges potentially involved here: the marital privilege and the privilege against self-incrimination. The marital communications privilege is governed under Utah Rule of Evidence 502. Rule 502 states that a confidential communication is "made privately by any person to his or... Read more »

1 Answer | Asked in Domestic Violence for Utah on
Q: Me and my wife just recently split up. She got a protective order against me so I had to leave the house. She then moved

Her new boyfriend into our house. We are joint tenants on the deed/title. I'm the only one on the mortgage. What are my legal options? Can she take any liability for the mortgage or payment? Or should I prove that I am the only one who made payments on the house? And I can prove that she... Read more »

Brian Craig
Brian Craig answered on Jul 13, 2019

It is hard to answer your questions without additional facts. If you are still legally married, then the title as joint tenancy will usually remain. In a divorce, the court will typically award allocation of assets and debts, including equity in a house and any outstanding mortgage. The divorce... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Utah on
Q: I was charged with a threat of violence, basically there word against mine, what are my chances getting this dropped ?

I have sound recordings of person saying they didn’t want cops to come and they won’t answer door if they do, there was a third party family member who wanted to call police and use there word against mine stating i threatened violence but there is no proof of me doing so other than there word... Read more »

Aric M. Cramer
Aric M. Cramer answered on May 31, 2018

Lots of people in prison for this very situation. Get an attorney on board. You are in deep trouble.

2 Answers | Asked in Criminal Law and Domestic Violence for Utah on
Q: My brother-in-law had an argument with his wife. She started video-taping him with her phone so he wrestled the phone

From her. Charged with DV and interfering with device. Police charged with felony but shouldn’t it be misdemeanor 1st time offense? Is it felony if kids are there? If wife wants charges dropped can they be dropped or do police pursue on their own?

Michael S. Edwards
Michael S. Edwards answered on Mar 7, 2018

Your brother-in-law needs to consult with a good criminal defense attorney right away. Whether a domestic violence charge is a felony or a misdemeanor can depend on a lot of factors. I don't know enough about his situation to give specific advice here. But whatever the case may be, his... Read more »

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1 Answer | Asked in Criminal Law, Federal Crimes and Domestic Violence for Utah on
Q: I want to see my husband with my kids but they charged him with dv
Aric M. Cramer
Aric M. Cramer answered on Dec 19, 2017

Not near enough information to help. Call a criminal defense attorney in your area for a consultation.

2 Answers | Asked in Criminal Law and Domestic Violence for Utah on
Q: My wife has been hitting me.this time a physically restrained her and had my daughter call 911 when police arrived she

Said I hit her and the kids didn't see I was arrested.this 100% did not happen. They both have seen her hit me at least 3times(solid punch) can I be exonerated?

Christopher J. Salcido
Christopher J. Salcido answered on Sep 21, 2017

You need to call and speak to a criminal defense attorney asap about the details. Most of us provide free consultations right over the phone.

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2 Answers | Asked in Criminal Law, Domestic Violence, Landlord - Tenant and Small Claims for Utah on
Q: possible 2 evict roommate& her bf if name on lease,they also have assaulted me have Police report,need out fast
Aric M. Cramer
Aric M. Cramer answered on Jun 15, 2017

This is a landlord/tennant issue and not a criminal defense issue, so unfortunately I don't know.

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1 Answer | Asked in Family Law, Child Custody, Domestic Violence and Sexual Harassment for Utah on
Q: I have a niece in Utah who is 17 she is getting ready to graduate, she wants to move with her dad to Missouri mom say no

I also just found out that her step dad got handsy with her, she went to her grandparents and told them, they told mom. Mom does not believe her but she did tell him to leave, she told her father but she will not let her talk to her dad without mom in same room she wants to know what she tells her... Read more »

Paul Waldron
Paul Waldron answered on Mar 5, 2017

Under Utah law, until a child turns 18 or emancipates, the child must live where any court order says the child must live.

Under Utah law, everyone must report any believable allegations of child abuse or neglect (including getting "handsy") to either law enforcement or the...
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1 Answer | Asked in Domestic Violence and Family Law for Utah on
Q: Child being bullied by non-family adult but no threats of violence.States honor each others Restraining orders?

My friend's 14 year old son is bring harassed and bullied by a parent of another child at the competitive video game tournaments they both attend and also by the woman's son online. My friend has also been harassed by this woman. Things are getting ugly but no threats of violence. Just... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 20, 2017

This may constitute a crime of harassment of a minor, a misdemeanor in CA. See:

Also if the tournament has rules re: safety that are not being monitored and/or enforced, the...
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