protective order Archives - Ogden Divorce Lawyer

Protective Orders and Custody

Todd Peterson — Fri, 04 Apr 2014 19:19:06 +0000

One of the difficult things about protective orders is that after a party requests the protective order, a temporary protective order is normally immediately issued and if the party requesting the protective order is married to the named respondent or they are parents together then they can request that the minor children also be included in the protective order. So regardless of whether or not there are sufficient grounds for a protective order to be issued there could be a temporary order of custody in favor of the individual who filed for the protective order. Due to the unrestrained power of this system it is often abused and protective orders are filed just to get temporary custody of the minor children or to get one of the parties kicked out of the house.

Reasons to Stay Away from Protective Orders

Obviously there are some clear situations where protective orders are very vital and can protect individuals and even save lives. However, in every other situation there are some good reasons why you should stay away from protective orders, especially if you are going through a divorce process. One of the biggest reasons why you shouldn’t try and get a protective order if you really aren’t afraid of being physically injured by your spouse is because it delays the process of your divorce and it makes people more vindictive and makes settlement negotiations more difficult.

Ogden Family Law Attorney | Getting Your Protective Order Questions Answered

If you are considering divorce or a protective order or both then you should talk to an attorney first. Call us at Ogden Divorce Law for answers to your divorce and protective order questions, we can help you make an informed decision about your situation.

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Protective Orders and the Divorce Process

Todd Peterson — Wed, 27 Nov 2013 17:21:23 +0000

A lot of divorce cases begin with a fight, sometimes a serious fight that results in domestic violence charges. In these more serious cases the alleged injured party is usually referred to Legal Aid Services or some other free legal provider that encourages them to file a protective order against there spouse. A protective order is an order from the court stating that one party cannot contact the other party or come within so many feet of that person’s home, place of work, or even sometimes the school their kids go to. When a protective order is filed the court will normally issue a Temporary Protective Order and then schedule a hearing so that both parties can come before the judge/commissioner and tell their side of the story.

Fighting Against a Protective Order

For better or worse a protective order is very easy to obtain and the standard a petitioner has to meet is very low. At the protective order hearing the judge/commissioner will be trying to determine whether domestic violence has taken place or whether the respondent is an immediate threat to the petitioner’s physical safety. In a lot of these cases there are no other witnesses or physical evidence so it comes down to who the commissioner thinks is more credible and unfortunately the court usually just enters the protective order to be on the safe side.

Getting Help for Your Protective Order Case

If you are facing a protective order and are worried about the effects it could have on you then call Salcido Law Firm today for help. We can answer your questions and explain the basic structure of the legal process so you can understand the possible outcomes you are facing. Our attorneys have represented hundreds of family clients and are experienced in protective order defense so call us today to get the help and protection you need.

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Does a New Attorney in Murdoch Case Really Mean Anything

Todd Peterson — Tue, 03 Sep 2013 22:08:01 +0000

A couple months ago Ruport Murdoch filed divorce papers to separate from his wife of 14 years, Wendi. His wife of course hired an attorney to defend her in the divorce and then after about a month fired that attorney and hired a new one. After that change of counsel a lot of people speculated that the change meant that things were going to get ugly in the divorce and both parties were going to fight to the bitter end.

Why Hire an Impartial Attorney?

While it’s true that Wendi’s new counsel has represented a host of big named clients in divorces from their rich businessmen husbands, the reality is that the real reason for the change doesn’t really signal anything about what is going to happen in the divorce. Mrs. Murdoch’s former counsel was the attorney that represented her when the couple drafted their initial prenuptial agreement and since that time she has become friends with the Murdochs so a need for a more impartial counsel was necessary. One of the benefits of having an attorney represent you in any type of matter is to have a very logical and a very removed third party to help counsel you on how to proceed without having to deal with all the emotional aspects and connection in a divorce, criminal case, or any other emotional legal matter.

Hiring Your Own Impartial Third Party Counsel

If you are contemplating divorce, or are in a custody battle, or facing protective order charges, or any other family law matter you probably have a very strong emotional connection to your situation. It is very understandable that you should be emotionally connected to your marriage or your kids but the truth is that your emotional connection could cloud your judgment when making very important decisions like what kind of strategy to use in your case. The attorney’s at Ogden Divorce Law understand your situation, we know it can be a very difficult and stressful time and we strive to help relieve that stress as well as make level headed decisions that you won’t regret in the near future. If you have questions about your case please call us today, we offer free consultations and can help get you moving in the right direction after just a few minutes on the phone.

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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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