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Utah Juvenile Law Questions & Answers
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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1 Answer | Asked in Family Law, Criminal Law and Juvenile Law for Utah on
Q: Our13 year old son (who we’ve adopted out of foster care at age 5) has raped our two daughters age 10 and 3.

He has been charged with 21 counts of rape and sodomy between the two victims. County attorney representing my daughters states he will most likely get 6 months or less of treatment/incarceration. He has already admitted to his crimes to police. County attorney is going to reduce charges to gain a... Read more »

Brent J Huff
Brent J Huff answered on Apr 1, 2020

You can hire an attorney, in Utah victim's of crimes have a right to be heard. One thing you should know is that the juvenile justice system sentences offenders for different purposes that adults. In the District court, a criminal sentence is meant to serve retribution or punishment among... Read more »

1 Answer | Asked in Criminal Law and Juvenile Law for Utah on
Q: a judge is making me deal with DCFS for an unborn child when no other children live in the home? Also go to juvenile co

I'm going to adult court for me, and juvenile court for the unborn child? I don't understand how DCFS can be involved if the child isn't born yet, and if no other kids are in the home. I also don't get why I'm also seeing a juvenile judge for my unborn baby when I'm an... Read more »

Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Mar 4, 2020

You need a family law attorney, not criminal defense

2 Answers | Asked in Criminal Law, Family Law, Juvenile Law and Sexual Harassment for Utah on
Q: can you take 30 year old male relative sending 15 year old niece naked photos from snap chat app, pictures weren’t saved

Niece is 15 and her cousin is 30 he has sent her pictures or his private part but it’s sent from Snapchat and the pictures weren’t saved. The whole conversation is saved but no pictures. In the conversation he does state he’s going to send it and also more than once, he states in one of the... Read more »

Mike Branum
Mike Branum answered on Feb 7, 2020

The short answer is yes, you can sue. You could file a suit claiming negligence, intentional infliction of emotional distress, etc. The real question is does the pervy cousin have assets worth the fight? If he owns a home, has a high-paying job, or there is some other asset which may be able to be... Read more »

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2 Answers | Asked in Criminal Law, Federal Crimes, Juvenile Law and Sexual Harassment for Utah on
Q: If a guy is 19 years old and dating a 17 year old can parent call cops and get guy in jail or anything

19 year old guy dating 17 year old girl, and hasn’t committed sexual intercourse can parent get cops involved and have 19 year old arrested and charged

Lane Wood
Lane Wood answered on Jan 15, 2020

Having dealt with similar cases before, I know that these situations can be difficult. I don't know if the 19 year old guy is doing anything particularly bad or if you simply don't want him around your daughter. Unfortunately, with the information provided, I do not believe that the... Read more »

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2 Answers | Asked in Criminal Law, Family Law and Juvenile Law for Utah on
Q: so I am just wondering if I should get a laywer for my daughter my only thing is I dont have the money for one well

not a down payment my daughter is 11 years old and is getting charged with a felony and a class b misdominer her and a friend went to walmart and on the way in found a credit card went in used the credit card for like 15 .00 than tryed to pull money out at the ATM witch mind you did not work at the... Read more »

Mike Branum
Mike Branum answered on Aug 7, 2019

Your daughter is entitled to a court-appointed attorney. I am not sure a privately-retained attorney would have much advantage over the public defender in this case.

Hopefully your daughter can get some assistance coping with the losses she has sustained in her young life.

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1 Answer | Asked in Criminal Law, Juvenile Law and Sexual Harassment for Utah on
Q: When I was 9 (I'm 14 now)someone tried to rape me and did sexually assault me can I press charges w/ no evidence?
Benjamin Oxford
Benjamin Oxford answered on Jun 7, 2019

You can certainly file a police report, because your own testimony is evidence. However, whether charges can be brought depends on the statute of limitations that exists in your state. Most states allow charges to be brought until a certain amount of time after you turn 18 years of age. So, most... Read more »

3 Answers | Asked in Criminal Law and Juvenile Law for Utah on
Q: My 12 year old son may be charged with assault for a school fight. At what point should I hire an attorney?

They say he will be charged with assault. How will I know this has happened? Both kids shoved each other, but my son shoved first. Should we fight this? At what point should I hire an attorney? The other kid's father is a lawyer.

Gary Kollin
Gary Kollin answered on May 9, 2019

NOW. YESTERDAY. LAST WEEK.

Waiting to hire a lawyer until the charge is like waiting to have the cavity filled until you need a root canal.

If you were being investigated you would want an attorney now.

He needs to have his rights protected. He needs to know to stop talking...
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2 Answers | Asked in Criminal Law and Juvenile Law for Utah on
Q: a girl lied and said i chased her down the road and beat her up and dislocated her shoulder what can i do

this girl and my sister fought because this girl has been harrassing and bullying my sister for 2 years and jumped her at the mall a couple months ago. this girl shows up to our house with a giant group of friends and fights my sister. someone called the cops and everyone ran. this girl filed a... Read more »

Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Jul 19, 2018

You need a lawyer right now. Quit talking to the cops.

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1 Answer | Asked in Child Custody, Civil Rights and Juvenile Law for Utah on
Q: I was put into dcfs codtody flatly accused of meltesting a sib was proven not guilty about adulthood can i sew

The charges were never taken care of messed up my hole life can i sew state for messing my entire life up

Catherine Cleveland
Catherine Cleveland answered on Jan 11, 2018

No, you cannot sue the State for charging you with a crime.

1 Answer | Asked in Family Law, Criminal Law and Juvenile Law for Utah on
Q: What can a parent do to defend themself against a violent teen in Utah?

I was physically attacked by my 14 yr old in front of my 3 little ones. She scratched me up and pulled out some hair before I could get away. I also scratched her in the process of getting away. As soon as I could I got the littles into a bedroom and locked the door, I called 911. When the police... Read more »

Paul Waldron
Paul Waldron answered on Mar 5, 2017

You need to consult with an experienced juvenile court lawyer. If DCFS opens a court case, you may be able to seek the appointment of a public parental defender.

1 Answer | Asked in Family Law, Juvenile Law and Landlord - Tenant for Utah on
Q: i have a son who is now 18 but failing to do chores, get a job or pay anything for room or board. Can I kick him out?
Paul Waldron
Paul Waldron answered on Mar 5, 2017

Yes! However, if there is a court order of custody until he has graduated from high school or supposed to graduate from his regularly-matriculated class, there may be some kind of child support issue. Also, if there is some kind of guardianship order of your son, that would need to be considered... Read more »

1 Answer | Asked in Child Custody, Family Law and Juvenile Law for Utah on
Q: My boyfriend turns 18 in December but will still be in highschool, can his mom stop him from moving in with me?
Paul Waldron
Paul Waldron answered on Mar 5, 2017

Absent a court order, the mother of your 18 year old boyfriend cannot stop him from moving in with you. If there may be financial or other consequences, that is a different situation.

1 Answer | Asked in Divorce, Family Law, Juvenile Law and Adoption for Utah on
Q: I legally adopted a child & the ex has since reintroduced my daughter to her biological dad. Is this illegal?

I have (2) children with her, divorced in '14. The ex has refused to let me see my children and makes it a nightmare when I have called. So this was in Utah and I had since moved to Arizona. I legally adopted one and had one natural with her. She has since reintroduced my adopted daughter to... Read more »

Paul Waldron
Paul Waldron answered on Nov 2, 2016

This is illegal. Unless or until there is a court order prohibiting the mother from reintroducing your daughter to the biological father, the mother (your ex-wife) can continue to do so. Your legal option is to file a court action to request the judge to prohibit the contact, but you will have to... Read more »

1 Answer | Asked in Juvenile Law for Utah on
Q: I'm 17 and my boyfriend is 16,would my parents be able to stop me from moving in with him if we were engaged?

Me and my boyfriend live 4 hours away from each other and we are trying to find a way to to be together without my parents being able to stop us.

Brian K Jackson
Brian K Jackson answered on Jan 8, 2016

Your parents are still your legal guardians until you are graduated from high school or 18. They have a legal responsibility to ensure your well-being and safety. Your parents could get in trouble with the state if they didn't try and stop you and found that they were not personally taking... Read more »

1 Answer | Asked in Juvenile Law for Utah on
Q: Who can access juvenile records of Sodomy?
Brian K Jackson
Brian K Jackson answered on Dec 2, 2015

Usually juvenile records are sealed but a state agency may be able to access them.

1 Answer | Asked in Juvenile Law for Utah on
Q: What would happen in court for an underage driving ticket
Brian K Jackson
Brian K Jackson answered on Nov 11, 2015

I would talk to an attorney about your case. I would recommend not entering a deal or anything until one can review your case.

1 Answer | Asked in Juvenile Law for Utah on
Q: Is it legal for a 16 and 21 year old to date in Utah?

Me (I'm 16) and a 21 year old want to be together but don't want to get into any legal trouble.

Russell Pietryga
Russell Pietryga answered on Jun 18, 2013

Utah Code 76-5-401.2 prohibits a person person from having any sexual conduct with a minor if, the person is 10 or more years older than the minor. The 21 year old is less than 10 years older than you. So, as long as, the sexual conduct is consensual the 21 year old cannot get charged with a... Read more »

1 Answer | Asked in Juvenile Law for Utah on
Q: Should we fight a disorderly conduct charge?

The school questioned my child about a fight at school and they listed her as a witness and now she is being charged with disorderly conduct for knowing the fight was going to happen and not advising the staff. Can the court use the statement she gave the school?

Stephen Howard
Stephen Howard answered on Jan 7, 2011

Merely knowing about someone elses crime does not make you guilty of that crime. Based on what you have said, I think the only real risk would be if it turns out that she not only knew about the fight, but had somehow encouraged the fight, egged the other kids on, or was somehow involved more than... Read more »

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