answered on Jul 26, 2022
The plaintiff is the city/state that is prosecuting you. You would be the defendant. You can always represent yourself and contact the prosecutor to see if they will offer you a plea deal (a plea in abeyance is a type of plea deal).
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 »
answered on Mar 22, 2022
Yes you should retain counsel to process your VAWA case. Unrepresented parties are not taken very seriously by USCIS.
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?
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 »
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 »
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... Read more »
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 »
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 »
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 »
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 »
St. George ut.
answered on Jun 10, 2020
Send me an email and I would be happy to talk to you about your case. William@melton.law
Both parties participated in a physical altercation but only one was arrested.
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 »
Is that considered a substanial ammount of time as it is stated in the statue this happened in utah
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!
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 »
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 »
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 »
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 »
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 »
answered on May 31, 2018
Lots of people in prison for this very situation. Get an attorney on board. You are in deep trouble.
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?
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 »
answered on Dec 19, 2017
Not near enough information to help. Call a criminal defense attorney in your area for a consultation.
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?
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.
answered on Jun 15, 2017
This is a landlord/tennant issue and not a criminal defense issue, so unfortunately I don't know.
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 »
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... Read more »
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 »
answered on Feb 20, 2017
This may constitute a crime of harassment of a minor, a misdemeanor in CA. See: http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=647.6.
Also if the tournament has rules re: safety that are not being monitored and/or enforced, the... Read more »
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