Tag: Custody Lawyers in Ogden Utah

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

 

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Domestic Violence /Domestic Violence In The Presence Of A Child

 

Utah has a specific set of codes for cohabitant violence. A person who commits domestic violence or domestic violence in the presence of a child whether by committing actual physical harm or by threatening violence of physical harm against a current or previous cohabitant may be charged with the crime. Contact our Ogden Criminal Defense Lawyer today. We have the Best Lawyers Criminal Defense  Salt Lake City.

When looking at the Utah code, cohabitants means any spouse or former spouse you have or have had. Relationship partners that could appear as a married couple, living partners, relatives, relatives through marriage and/or people who have children together are all qualified for this criminal charge. To be criminally charged for a cohabitant crime, the perpetrator must be over 16 or be emancipated. Siblings who are minors and parent/child relationships are not considered cohabitants.

(Utah Code §§ 77-36-1, 78B-7-102.)

This code includes any crime violent in nature and may include violating a restraining order, harassment, stalking, assault and is domestic violence if it occurs between cohabitants. Ogden Criminal Lawyer, Vince Stevens can help. HD Gailey lawyers in American Fork are the best criminal defense attorneys Ogden

Conviction of crimes of a domestic nature carry a enhancement penalty for any subsequent occurrences.

 (Utah Code §§ 77-36-1, 77-36-1.1.)

What Happens When You Are Arrested?

In Utah, a police officer has the authority under the law to use probable cause. That means the office must believe or have a reasonable belief that violence has occurred between the two cohabitants and constitutes domestic violence. The officer is bound to make an arrest even without a warrant or may issue a ticket or citation. The best criminal defense attorney in Lehi or Ogden criminal defense attorney Stevens can give you an estimate of what may happen in your case. Ogden Criminal Defense is on your side.

This exception to a standard rule in Utah allows an officer to make an arrest without a warrant when conditions exist where a crime has been made in the officer’s presence or where a felony is believed to have occurred outside of the home. The officer in the case will usually believe that the victim is not safe and may be in danger due to the injury and especially when a weapon is used. If these special conditions exist, the officer must make an arrest and take the individual into custody. The best criminal defense attorneys in Ogden or best criminal defense attorney in Lehi can help with your case.

When arrested, certain conditions may be put in place until the judge in the case orders otherwise. Usually it will be a term of the arrest that you may not contact the person directly or indirectly while being held or if they are released it is standard that you cannot:

  • personally contact the victim
  • harass the victim, or
  • go to the victim’s residence.

If you fail to follow the terms you may be found in violation and may be subjected to monitoring by electronic means.

(Utah Code §§ 77-36-2.2, 77-36-2.5.)

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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.