The Truth About Restraining Orders

  If you’re like me then it’s likely that the only things you know about restraining orders come from television and books. The idea seems simple, you go to a judge and obtain an order to keep a dangerous person away from you. But when would it be appropriate to seek a restraining order, and what kind of situation do I have to be in to get one? The first question that I’m inclined to ask is to what extent of danger do I have to be in to obtain a restraining order? I mean if I just go to a police station and request a restraining order, out of the blue, will they take me seriously or will I get laughed at? Well, being a subject of personal curiosity, and of general interest to this blo

What is Alimony and how does it work?

Alimony, or spousal support, also called maintenance or spousal maintenance in commonwealth countries, is based on some fairly simple, very old ideas. The basic assumption of alimony laws is that one partner of a marriage remains responsible for the financial well being of their spouse, even after a divorce or separation. Traditionally this has been seen as the obligation of a husband to his (ex)wife, but there has been a more recent trend towards gender equality in when alimony assessments are made. The idea of alimony is an old one, in fact, the code of Hammurabi (1754 BC) outlines the obligations of a man who wishes to separate from a woman who had his children, married or not. And the i

Getting an Annulment in Utah

An annulment is a legal procedure that declares a marriage null and void. Annulment is differs from divorce in that it will usually act retroactively and, for legal purposes, make it like the marriage never happened; divorce, from a legal standpoint, is treated more like the termination of a contract. Annulments and divorces may end with similar legal results: both formerly married parties will be listed as single for tax purposes, and if any children are born out of the marriage the court may make decisions on child custody and child support. The difference between annulment and divorce is largely semantic, but the requirements and processes involved in filing for one or the other will be

What is Emancipation?

Thirteenth Amendment aside, what meaning does emancipation have in the legal landscape today? According to the Cornell Legal Information Institute all 50 states have laws pertaining to when and under what conditions children may become legally independent of their parents. In the state of Utah, emancipation requirements are governed by civil code title 78 chapter 3a. Section 1003 of this chapter states that that “A minor may petition the juvenile court on his or her own behalf in the district in which he or she resides for a declaration of emancipation.” An emancipated child must be 16 years of age or older and is treated as an adult for most legal purposes, with one notable exception

Help for Men in Abusive Relationships

Spousal abuse, physical or psychological, is no laughing matter. And while women are more likely to suffer abuse than men, male domestic abuse tends to go unreported, leaving many to suffer in silence. No matter how “tough” men are supposed to be, abuse is still abuse and female-on-male violence is just as serious as male-on-female violence. And when children are involved, husbands have a duty not just to protect themselves but to protect their kids as well. The problem for many abuse victims, but for men in particular, is in identifying what abuse is. According to the National Domestic Violence Hotline “abuse is a repetitive pattern of behaviors to maintain power and control over a

Taping Law Enforcement: Truth and Controversy

Smart phones have become pretty ubiquitous over the last decade; in fact they’re quickly becoming a necessity. For the first time in history, the majority of Americans are carrying high quality recording equipment with them wherever they go and this has led to some interesting consequences.  Where would all the Youtube videos be if we weren’t all encouraged to be the director of our own mundane film? The ubiquity of technology and the distribution of built-in cameras have raised some important issues about the definition and the application of privacy. We’ll leave the issue of personal privacy off the table for the present, and focus on what’s been getting all the attention lately:

What to do When You’ve Been in a Wreck

No one really plans on being in a car wreck. You try to prepare for it, but at the end of the day, there’s only so much one can do, and the timing is always a surprise. Motor Vehicle collision rates have been steadily declining over the last ten years, and over that same period, traffic fatalities have been reduced by almost 25%. And, while drunk driving incidents are declining nationally, Utah consistently posts much lower numbers than the national average.   This is by all means good news, but the fact is that automobile collisions are still something of which the average person has to be wary. According to the above link, the number of people injured yearly in collisions remains abov

Divorce is Complicated, Don't Go Through it Alone

Divorce is an unfortunate part of life that sadly some people must deal with. It’s messy, complicated, stressful and heart breaking; it’s never easy. During a divorce you can potentially lose a substantial amount of personal property, future income and even custody of your children. The loss of things you have become accustomed to having can quickly grow exponentially if you are not careful. Do not attempt to go through a Divorce without an attorney; doing so can cost you in ways you can’t begin to imagine. One of the ways it can cost you is that divorce is a complicated process that involves several legal documents that you will be bound to abide by. If those documents are not done co

Tips For a Successful Open Adoption

  An open adoption can sometimes be a tough and uncomfortable situation. These tips from our Provo Adoption Lawyers have proven to help create the right environment for a successful open adoption for both sets of parents and the child.   1.    Remember that co-parenting and open adoption are NOT the same thing. Make sure adoptive and birth parents are aware of this and agree to it that the adoptive parents are responsible for making decisions that involve the child. This should alleviate a lot of stress in this situation. 2.    Before the baby is born, set up a plan for how and when communication will take place. Who will initiate contact? How often? What is the preferred method of