Category: Mediation

Utah Domestic Violence Coalition advocates for two proposed bills

Fox 13 News Reports:

Source: Fox13 News SALT LAKE CITY — Survivors of domestic violence are sharing their stories and hoping Utah lawmakers will pass two bills to advocate for victims.

Sarah Larsen, a domestic abuse survivor, said it’s an issue that often doesn’t get the attention it deserves.

“I feel like there’s such a stigma, there’s so much shame that’s attached to it, it’s hidden and at times out here in Utah too it sometimes gets shoved under the rug a little bit,” she said. “People don’t want to see it’s going on in their community.”

Advocates and survivors are hoping to raise awareness on what the Utah Domestic Violence Coalition is calling an epidemic.

“Since the year 2000, at least 42 percent of all homicides in Utah have been domestic violence related, so we’re really here just to get awareness out,” said Cly’ta Berg, Chair of the Utah Domestic Violence Coalition.

Larsen said victims of domestic abuse often conceal the signs.

“There’s such a fear that goes along with this, and so you’re able to cover it, and you hide it from your family members and from people who are close to you,” she said. “You just know how to hide it from them.”

Survivors are pushing for lawmakers to pass two bills.

One is a bill sponsored by House Minority Leader Brian King, D-Salt Lake City. His bill would restrict access to firearms for anyone convicted of domestic violence.

The second is a bill from Rep. Lowry Snow, R-St. George, that would make it so strangulation is included in the definition for the crime of aggravated assault. Utah is one of nine states without a strangulation law in effect.

“A police officer cannot physically hold the person, but if you are in a domestic partnership, they can strangle you,” Berg said. “So it’s against the law for a police officer, but a civilian you can.”

The Utah Domestic Violence Coalition is also asking for $939,000 from the state to expand the Lethality Assessment Program.

The program is protocol based. Victims answer a series of questions to show the severity of violence they are facing. It also gives officers standard training on how to refer victims to help.

“I think for those people who have loved ones who are in this situation: Don’t be so quick to judge,” Larsen advised. “I’ve had people say, ‘Just leave. Get out.’ But it’s not that easy.”

Support is available 24/7 in Utah for those dealing with domestic violence. Visit the Utah Domestic Violence Coalition online or call 1-800-897-5465 for resources and assistance. In an emergency, dial 911.

 

Source: Fox13 News

 

If you have been accused of protective order violation in Utah, you should strongly consider speaking with criminal attorneys Ogden  about criminal law Ogden. Further, Ogden Criminal defense is an experienced Criminal Defense Attorneys in Provo Utah can assist you in understanding all of your alternatives. The best criminal defense attorneys in Ogden or best criminal defense attorney in Lehi can help with your case. The best criminal defense attorney in Lehi or Ogden criminal defense attorney Stevens can help if you are faced with a Protective order violation. Ogden Criminal Defense is here to help. Ogden Criminal Lawyer, Vince Stevens can help. HD Gailey lawyers in American Fork are the best criminal defense attorneys Ogden.

Domestic Violence On The Rise

Domestic Violence is on the rise in Utah. If you have been charged with this crime or are a victim and seeking assistance for a protective order it is important to understand how common these charges have become. Below is a link to ABC 4 video report on the awareness and domestic violence trends.
According to ABC 4 News-
SALT LAKE CITY, Utah (ABC 4 UTAH) – All month, the nation celebrates Domestic Violence Awareness month, but here locally, that celebration is short-lived.  Over the last ten years, 30% of homicides nationwide are because of domestic violence.  Utah is much higher at 42%.
“The last time he almost killed me in front of my daughter,” said Deanna Walker from Private Violence.
Domestic violence does happen, usually to women and kids.  A Sundance film called “Private Violence” sparked national conversation.  In Utah, domestic violence happens more often compared to the national average.
 
“We have really high rates of domestic violence, really high rates of sexual assault, and exceptionally high rates of domestic violence homicide,” said Utah Domestic Violence Coalition Executive Director Jenn Oxborrow.
 
Last year, 20 Utah homicides connected to domestic violence.  So far this year, 30 domestic violence deaths.  We still have three more months to go.  
 
“I think there’s a lot of pressure on families to keep this private, work with their faith leaders, work with community partners to resolve it,” said Utah Domestic Violence Coalition Executive Director Jenn Oxborrow.
 
But Oxborrow says obviously that isn’t working.  She says getting police agencies and first responders asking the same eleven questions trained victim advocates ask possible domestic violence victims, is working.  Their answers can prompt police to connect them with services.
“Implementing this protocol, that in 30 other jurisdictions across the country, within five years, they’ve seen a downtrend in domestic violence homicides,” said Oxborrow.
As more agencies get the training necessary, Oxborrow hopes more victims can get help.  They’ll break through the cultural acceptance of a private, family problem to a serious life-threatening criminal offense.
Changing that stigma on the court-level is the premise of “Private Violence.”
That’s why Oxborrow and other advocates ask the governor and the legislature to change laws, implement harsher penalties, and provide funding for services.
 
You can watch a screening of “Private Violence” Monday night at the West Valley City Police Department.
For a complete list of all the screening opportunities across the state, click here.
Source: ABC 4 News
If you have been accused of protective order violation in Utah, you should strongly consider speaking with criminal attorneys Ogden  about criminal law Ogden. Further, Ogden Criminal defense is an experienced Criminal Defense Attorneys in Provo Utah can assist you in understanding all of your alternatives. The best criminal defense attorneys in Ogden or best criminal defense attorney in Lehi can help with your case. The best criminal defense attorney in Lehi or Ogden criminal defense attorney Stevens can help if you are faced with a Protective order violation. Ogden Criminal Defense is here to help. Ogden Criminal Lawyer, Vince Stevens can help. HD Gailey lawyers in American Fork are the best criminal defense attorneys Ogden.

Uncontested divorce

Uncontested divorce is the quick and least cost method when obtaining a divorce. This tends to be the least stressful as well. In most cases, if the divorce is amicable, undisputed and easily resolved, uncontested divorce is the route to go. The paperwork required however is still not easy. Contacting a No-fault divorce lawyer Salt Lake City or a Divorce lawyer Ogden Ut would help you make a great choice in alleviating the filing of the paperwork. Divorce Attorney Ogden Ut will be able to get accurate and necessary information to fill out the mountain of paperwork necessary to file your Uncontested Divorce in Utah.  At times it may be necessary to have Divorce Mediation Ogden Utah with your Divorce Lawyers in Ogden Utah.  Some of our Client find it necessary to Custody Lawyers in Ogden Utah to have a great Divorce Attorney Davis County on your side.

Uncontested Divorce means that the terms of the actual divorce are not disputed between the parties. This could be for many reasons. If there are children involved, you will still be required to have a 90 day waiting period to have your divorce finalized. It is also a requirement to have taken the divorce education class. The curriculum is based to provide appropriate boundaries during and after the divorce in an effort to create a smoother transition for both you and your children.

An uncontested divorce fee will be standard for filing the divorce. Individualized attention will be given to make sure that you understand all of your rights in the divorce proceedings and to help you make the best decision as a couple moving forward individually. When uncontested divorces are filed it is important to remember that it can take at least 4 months to be prepared, filed, waited and decreed. During this time some couples will begin to dispute the items in the divorce and start re-negotiating terms with the Divorce Lawyers in Ogden UT. Therefore, it is important to attempt to make the best efforts to make the best plans from the beginning to save time and money. Many families underestimate the cost of living in separate homes, outstanding debts and income concerns as well as child support implementation. Therefore, so recommend having a legal separation for a period of time to adjust financially and really work through what needs to happen in the decree before filing for divorce.

Issues that often arise in divorce could be: Insurance coverage, financial obligations, possession allocations, future money from sales or retirement, current bank assets, life insurance, living arrangements, new home and vehicle purchases. While this is not a complete list one can see that divorce is literally sectioning out the life you have lived for the past several years and starting over. It’s a big commitment. While it takes 30 minutes to get married it can take months or years to be divorced.

 

 

Preparing For Mediation With 5 Helpful Tips

Preparing For Mediation With 5 Helpful Tips

Preparing For Mediation With 5 Helpful Tips

Working through any sort of child custody case can be a very sensitive topic for both parents. No matter what the underlying situation might be, there can be high pressure, plenty of emotion and an overwhelming worry of what could come. When you are getting ready to go into a mediation appointment in your custody case, there are some ways that you can make things a little easier so that you are nice and prepared. These are five helpful tips to get you prepared for your child custody mediation:

Never Go In Unprepared

There is nothing worse than finding out that you are not prepared, especially when it comes to something as important as child custody mediation. You can take the time to list any of the issues that you would like to discuss while you are at mediation. Write down any your fears or concerns and don’t forget to mention what you think could be done to help get some of the issues resolved.

Properly organizing all of your thoughts will help you to have a better understanding of any problems or issues that could be in the way while you are looking to get the agreement that would make you happy. Being more prepared will also give you a solid footing should you have to go into any sort of negotiation with the other parent.

Preparing For Mediation With 5 Helpful Tips

What Are You Asking For?

You may have been thinking about it, but you may not know exactly how to get your point across when it comes to what you are looking for the results of mediation to be. Would you like to have more custody than you do now, or would you simply want to share joint custody? There are sample parenting plans that you can download online or ask your American Fork Divorce Attorney. This will help you to determine what may work best for you. Always take into consideration any of the vacations, holidays, school programs and schedules that your children currently have.

Voice Your Concerns

No matter how difficult it might be, you need to be able to voice any concerns that you have. After all, as one of the parents in the situation, you need to be a voice for your child. If you are worried about your child(ren) being with the other parent for long periods of time due to abuse in the past, you need to be able to make this known. Maybe you are worried about a back and forth schedule during the week because of their ages or work schedules. No matter what the issues might be, mediation is the perfect time to lay it all out on the table so that you can hopefully have a chance to talk about every aspect in a safe and civil manner.

Gather The Right Documents

If there is anything on file that you want to present during mediation, you need to make sure that you have it with you and give it to your Ogden Divorce Attorney or your American Fork Divorce Lawyer. This could be anything from your child’s report cards or a police report. Basically, you want to have all of the necessary documentation to back up any and all concerns that you have when it comes to custody or visitation scheduling. The more paperwork and physical evidence that you have, the easier it will be to go through the mediation session and it will cut down on the he said, she said conversations that can often times take place.

Take A Breath And Stay Calm

Whether you go in with a cool head or not, mediation can be very stressful. This is even more so when one or both of the parents in the situation are known for being able to push each other’s buttons. You never want to lose your temper, as it can actually make you look volatile and irrational to the mediator that is working with you. Also, if you are able to keep a calm head, it will help you to be more open to compromise and working through the important issues for the sake of your kids. This is why it is good to have an Ogden Divorce Lawyer with you.

There are some courts that will allow your lawyer to go with you, while others are not allowed. The mediation plan should still be discussed with your lawyer and he or she can help you to gather any of the necessary paperwork that you should have on hand. Always explain as best you can what all of your concerns are so that your lawyer can work on giving you some good tips before mediation takes place. Even if you are unable to have your attorney there, he/she will be able to get on the right track for a good negotiation strategy.

All too often, a custody dispute can start to get confrontational in nature and both parents can hate one another. You never want to use custody as a bargaining chip or any sort of battleground. Instead, you will start to see the benefit of  being able to talk with one another in a civil manner. With the right mediator, you may just be surprised at exactly how much you will be able to work through to get to a  compromise.

Once you have a date for mediation, you want to take the time to use these tips to get everything worked out on one day. The combination of preparedness and calmness with help you get through the day with ease while enduring the struggle to find an agreement.

Preparing For Mediation With 5 Helpful Tips

What Does a Mediator Actually Do at Mediation?

What Does a Mediator Actually Do at Mediation?

Mediators are people who can help you when you need to make decisions with someone else, and the two parties cannot agree. Mediators cannot force people to reach an agreement, and cannot take sides. In addition, they cannot offer any legal advice. Given that knowledge, it is easy to understand why so many people think that mediation is a waste of time. What does a mediator really do?

Well, the truth is that mediators play a very important role. They help people to reach agreements without the need for a judge, and if both parties are committed to making the process work, then mediation can save time, alleviate stress, keep matters private (court proceedings become a matter of public record) and save you a lot of money too. Mediators keep a neutral role, and act as an impartial person who will ask questions and keep the discussion on track. In a scenario where a dispute is serious enough that the two parties cannot discuss it civilly alone, but the desire to reach an agreement is still there, a mediator can be very valuable.

You Guide the Process

When a dispute goes to court, the two parties lose complete control over the process and are bound by whatever the court decides. Mediators allow you to keep control over the decision making process. The mediator is there purely to stop the dispute from getting out of hand. Mediators do not grant orders, and they will not act impartially. They may give advice about non-legal matters – if their opinion is solicited; but they will never give unsolicited advice or legal council.

This makes mediation a safe space. You know that you will be asked hard questions and that the mediator will play devil’s advocate. But you also know that the mediator is there to give you a reality check, and that they will give the same reality check to the person on the other side of the discussion. You know that the mediator is not taking sides, and that they just want to see an agreement reached.

Mediators stop arguments from ruining relationships and businesses. They keep both parties focused on the issue at hand. If you have a property dispute, for example, the issue of management in your business may be clouding your judgement if you feel that the person you are in dispute with regarding the property has wronged you in that respect too. A mediator would help you focus on the issue at hand, and find a non-confrontational way of communicating what it is that you want.

Mediators don’t just focus on the letter of the law, they focus on reaching a mutually agreeable resolution to whatever the problem is.

What Does a Mediator Actually Do at Mediation?

Avoiding Court

Going to court is expensive, it takes a long time, it wastes your time and it leads to stress. Also, you cannot guarantee what the judge will rule. Unless there are millions of dollars on the line, and the case is very clear-cut, it does not make sense to risk seeing your former partner, neighbor or client in the courtroom. Most disputes can be settled like adults with calm, dispassionate discussion.

Sometimes amicable settlements can be reached and relationships can be repaired. Sometimes people can go back to doing business with each other. In many cases, though, people go their separate ways when mediation is over. While this is not ideal, it is still better than the painful and public nature of a trial.

If you choose your words carefully, and the mediator will encourage you to do this, then you will be able to reach an agreement in mediation without committing to anything during the negotiation process. Agreeing to try a visit to a mediator does not mean giving up your right to go to court at a later date if mediation does not work out. Of course, the person you visit will fight to make sure that does not happen – after all, if you end up going to court anyway then that will mean that they did not do their job properly. But, in the short term seeing a mediator makes a lot of sense.

If you have been asked by someone else to talk to a third party about a dispute before going to court, it is worth doing so. Go in with an open mind, and listen to their side of the story. Think about what you actually want. If you are seeing a lawyer already, ask them what they think your chances really are in the courtroom. Remember that while you may think you have a good case and a reasonable chance of getting what you want in court, if things go the other way it could be expensive for you.

Do not take that risk unless you are absolutely certain that you understand what is on the line and you are completely confident and sure of your decision to not negotiate. Do not let greed be the only motivation for going to court – or spite or a desire for revenge. The mediator is trying to find a mutually beneficial resolution to the dispute. It may not be the conclusion that you want the most, but it is a definite and decisive outcome, and it is one that you know will give you some benefit. Sometimes, compromising in that way makes the most sense.

A good lawyer will give realistic advice about the process, but they do also want to get a fee out of you, so read between the lines of what they are saying. Are you really sure that you will get the best possible outcome in court? Are you willing to wait the length of time that outcome would take? If not, then mediation is the best option for your case and you should give it a fair shot.

What Does a Mediator Actually Do at Mediation?

Trying to find the right attorney or law firm to talk to about your criminal or divorce case? Give us a call for your FREE consultation. An American Fork Divorce Lawyer or Ogden Divorce Attorney can speak with you for a FREE Consultation.

Ogden Office 801-436-5757 or American Fork Office: 801-641-2933.

If you need our office address they are:

Ogden Office: 298 24TH STREET, SUITE 205 OGDEN UT 84401

American Fork Office:  76 N. MERCHANT ST. AMERICAN FORK, UT 84003