In order to establish a child custody, parent time, and child support, you need to file for separation or divorce and request temporary orders. You should act sooner rather than later, the longer you hesitate, the weaker your case will be. You truly need the assistance of a competent family law... Read more »
If the defendant had their sentence reduced, I was wondering if the imprisonment reinstatement is the remainder of the time they should have served or if the sentence for the PV is entirely separate to be determined by the court.
The Court can order a parolee returned to custody to finish the underlying sentence from which they were paroled when there is a parole violation. There are defenses to parole violations and the parolee should confer with their counsel to take advantage of any defenses they may be entitled to.
Example: byrna launcher
If an item is legal for you to have in your possession and you feel that you are in imminent danger of death or serious bodily injury then you may use that item to defend yourself. If you cannot legally possess a handgun, you should not be in possession of an "air gun" either.
If... Read more »
My fiance and I were in a fight and he changed the locks to the house. I am legally allowed access but can not enter due to the new locks.
Probably. If you have been residing there he must follow eviction procedures to have you removed; he cannot just change the locks. If you have that address listed as your residence on your government-issued ID, the locksmith will likely open the door for you (less likely if you mention that your... Read more »
I have a friend that slept with a gal that was 17 almost 18 back in October of 2013. My friend was 25 at the time so he was 8 years older than her. He turned 26 a few months after they hooked up and she turned 18 a few months after as well. It was consensual.
It has been 8 years now.... Read more »
The age of consent in Utah is 16, so this is not a statute of limitations issue. If the encounter was consensual when it occurred in 2013 then no crime was committed.
I don't know why they did it... I just went along with it so they would leave, but it's left me feeling weird about everything ... What can I do?
There are a few scenarios where it might be illegal. If they represented they were some type of law enforcement officer, that would be illegal. If they only said they were with DCFS, that would not qualify. If they told you they were with DCFS to gain access to your home to commit some other crime... Read more »
I feel I may need to ask for representation in a family court case. I have court tomorrow and if I feel I need a lawyer can I ask the judge to stop and allow me to get one?
IF you are able to contact and retain an attorney today who is able to accommodate your appearance tomorrow, it would be better to have your new attorney request a continuance in order to familiarize themselves with your case. Be forewarned, if you request a continuance on your own and then show up... Read more »
My mother has clinical depression and was advised to not sign any documents. My mother and father were never married and were separated. My mother living in the home alone fell victim to fraud on “refinancing” but lost her home, about 2007. We (my mother and 5 children living in the home) were... Read more »
The argument would be that the deception (injury) was not discovered until more recently. This is called "tolling" of the statute of limitations because the injured party is unaware of the injury.
The problem will be finding legal representation to assist you with a complicated... Read more »
Other parent got Custody and is asking for my copies of the sos and birth certificate do I have to give them in Utah not nv
You should provide copies but I see no reason you should have to surrender your originals. If your ex needs originals, they can request duplicates. The documents themselves belong to you but you should assist your ex where possible. Denying access to copies of the documents is not going to win you... Read more »
I am a little confused about the Christmas break being a odd number this year. Do I get my kids 12/17/2021 to the 12/25/2021 or 12/26/2021. Because has I read I get them Christmas Eve / day but to my understanding I will only get them half the day Christmas ?
I am guessing you are referring to the custody schedule as referenced in UCA 30-3-35. If so, my understanding of the Code is that the day does not change, just the time of day custody is exchanged. In years with an odd number of days, the exchange occurs at 1 pm. In years with an even number of... Read more »
Any advice would be helpful. She has felt this way for years. I believe this is who she/ he is. He does not agree. He will not help her. It has taken a toll on her mentally and physically.
Not sure if we are discussing an adult child or a child who remains a minor. I am going to answer assuming this is an adult child. The only thing he is required to do for an adult child is to provide her health insurance information until she reaches age 26 (I believe, I am not an expert on health... Read more »
I bought a vehicle in June 2021, received an open title & written bill of sale, but never registered it in my name. Fast forward to beginning of Nov, my husband asked a family friend to borrow $100 & told them he could pay back $10/day, but warned the payments would be sporadic. The friend... Read more »
Probably, but you will likely have to go to small claims court to do so. You would need to file a small claims court case for the current market value of the vehicle (because you cannot seek injunctive relief in justice court - "getting your title back" is injunctive relief). If you win... Read more »
He has appealed to be released as he now completed his sentencing and is being held solely on the marijuina enhancement conviction which is now expunged due to Prop 207. His appeal was denied ? Is there a similar case law? Do you know what is the process of marijuima being used for enhancement on... Read more »
I do not believe there is any case law on this situation yet. Your husband should work with his attorney. When you state that he "appealed to be released" I presume he appealed to the sentencing court. Now that he has been denied by the Superior Court, he will need to file with an... Read more »
And the matter is closed and judge states it was merit less. Can the falsely accused parent accuse the other parent and ask for more or full custody?
Can you? More than likely. Should you? Probably not unless you have specific evidence of why the other parent is not a fit parent. Unfortunately, many adults completely lack the ability to co-parent. Hopefully since the other parent's accusations were found to be meritless, the other parent... Read more »
That will depend on whether or not the jurisdiction which charged the defendant indicated they requested extradition when the warrant was issued. Some warrants are extraditable and some are not. Most felonies are extraditable but the prosecuting agency may feel some non-violent felonies are not... Read more »
Creating a trust in utah
Title companies do not create trusts, attorneys do. You should contact an estate planning attorney to assist you in creating a trust and they will also be able to draft the warranty deed necessary to transfer the property into the trust once created.
I let my now ex girlfriend use my laptop so that she could use the internet for work purpose. She accessed my email, took photos of certain emails and has sent those photos to family and friends. The emails were personal (not illegal in any manner) and I did not give her permission to access my... Read more »
Since you allowed her to access the computer without supervision and the images themselves are not illegal, then it is highly unlikely a crime has occurred. You might have some civil recourse against her for publishing without your permission. Those emails are your intellectual property. Libel and... Read more »
The charges were in Santa Clara Count in California when I was 18
I recommend you repost your query with a California tag. The attorneys who received notice of your question are almost certainly licensed in UT, but few will be jointly licensed in CA (I'm sure there are a few, but I do not know if they will respond to your question). Charges received in... Read more »
ss already changed payee rep for survivors benefits and ssi benefits because CPS approved me to take care of my cousins but the uncle that had them still wants to keep their Child Tax Credits and file taxes for them for the year 2021. Both children have mental health issues and one tried commiting... Read more »
If there is a court order granting the uncle the authority to claim the children on taxes, the best route is to petition the court to modify the order. If there is no court order granting that authority, he may have the right to claim them for 2021 in any event since the children were residing in... Read more »
Child was due 10/13/21, status post viability. Respondent should be held accountable in accordance to Arizona revised statutes child neglect. Respondent chaining to have aborted child legally via services rendered out of state on bases of roe v Wade. This is a direct complaint and the plaintiff is... Read more »
An individual cannot force the State to pursue child neglect charges and is highly unlikely to expend scarce resources to investigate those charges where an individual underwent a medical procedure which was legal in the state in which it was performed.
I do not think you will find much... Read more »
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