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Utah Dating Violence Protective Orders

Todd Peterson — Wed, 29 May 2013 21:55:31 +0000

Traditionally, Utah courts have only offered protective orders to three classes of people. Meaning for an individual to get an order from the court keeping another individual away from them they had to have a certain relationship with that person. These three categories were individuals who are related, who live or have lived together, or who have parented a child together. Over the years the Utah legislature has had concerns over whether or not these categories were too restrictive and left some individuals, that were in need of protection, out in the cold. While there is the option of a civil stalking injunction regardless of the parties relationship the legislature has now gone beyond that and created a new class of protective order for people who are only dating and not related or living together.

The New Dating Violence Protective Order

With the recent passing of the dating violence protective order bill the Utah legislature has created a new law that allows for a person in a dating relationship to get a protective order against their partner if they have been subjected to abuse or violence by their partner. In fact the law actually extends to include situations where no abuse or violence has taken place but where there is a substantial likelihood that there will be abuse or violence.

Ogden Family Law Attorney | Getting Help with Your Protective Order Case

If you live in Northern Utah, such as Ogden, Farmington, Bountiful, or Logan, and are involved in a protective order case or would like to start a protective order case then call Ogden Divorce Law today. Whether you are the petitioner or respondent, or whether it is a traditional protective order case or a new dating violence protective order you can be sure that the attorneys at Ogden Divorce Law know how to help you and will make sure that your rights are protected. Call or email us today to find out how we can help you.

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Termination of Parental Rights in Northern Utah

Todd Peterson — Fri, 29 Mar 2013 18:04:07 +0000

There are a number of scenarios where a person could have to run into the issue of their parental rights being terminated, or trying to terminate another person’s parental rights. Regardless of the scenario, however, it can be very difficult for parental rights to be terminated. The most common way a person’s rights are terminated is through voluntary relinquishment, which is exactly what it sounds like, a parent giving up their rights. This is a very serious decision and one that cannot be revoked so it is important that you understand every aspect of it before you relinquish your rights, you can do so by calling the attorneys at Ogden Divorce Law. The other route for termination of parental rights is the tough one, and that is involuntary relinquishment.

Involuntary Relinquishment of Parental Rights

Involuntary relinquishment obviously means that the parent’s whose rights are being terminated does not want it to happen and may be fighting it. In Utah a court may terminate rights of a parent if it finds that the parent has abandoned the child, abused or neglected the child, is unfit or incompetent, or has failed to support or communicate with the child. Ultimately the court is looking for what is in the best interest of the child, so whomever is trying to terminate the rights must show that the parent is more than just a bad parent but that its in the best interest of the child that the parent have no rights concerning the child. This can be a very tough standard to reach and it can be very difficult to be successful in such a claim, the common scenario is when its related to an adoption and sometimes in a divorce.

Ogden Family Law Attorney | Terminating Parental Rights

If you are wondering if you can have another person’s parental rights terminating or if someone else or the State is attempting to terminate your rights than call Ogden Divorce Law. We serve all of Northern Utah, including Ogden, Logan, and Farmington. Call or email us today to find out more.

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The 90 Day Waiting Period

Todd Peterson — Fri, 08 Feb 2013 17:04:33 +0000

For some time now, in Utah, the law has read that those wishing to obtain a Divorce from the courts must wait 90 days before the judge can grant them said divorce. However, in the past this requirement was often waived and required a very low showing to be able to get the judge to sign off on waiving the requirement. However, the most recently legislature changed the law making it much more stringent and very difficult for most people to qualify for a waiver.

Waiting for your Divorce

The reality of this change in the law is that a lot of individuals will never even run into a problem with the 90 day waiting period because their divorce is taking much longer than 90 days already. For example, if the divorce is contested meaning the parties are fighting over any aspect of the divorce such as child custody, child support, alimony, or property division then, then there is virtually no one the divorce could be completed within 90 days anyways. However, if the divorce is uncontested and the parties are willing to sign a stipulation and settlement agreement then they often have to wait the three months after they have signed the paperwork and are ready to move on with their lives.

Northern Utah Divorce Attorney | Layton, Ogden, Bountiful, Logan

If you have gotten to a point where you think divorce is your only option and you want to know more about the process then call Ogden Divorce Law today. We serve all of Northern Utah and we can help you understand your options so you can make an informed decision. The most difficult part of the legal process can often be not knowing what you’re getting into and having unachievable expectations. With the help of one of the attorney’s at Ogden Divorce Law you can be confident that you know all the facts as you make these important decisions.

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