Tag: Children in Divorce

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.)

If you have been accused of shoplifting in Utah, you should strongly consider speaking with criminal attorneys Ogden  about criminal law OgdenOgden Criminal defense is An experienced Criminal Defense Attorneys in Provo Utah can assist you in understanding all of your alternatives.

A Child Guide To Utah Divorce

Parenting During Divorce

Parenting During Divorce

After a divorce, often times one can find  it  difficult to be the person that you once were. You are reminded when even the simplest of tasks begins to wear on you. Especially when you are now supporting yourself and your children on your own on a daily basis. Utah divorce lawyer You may have financial support but the absence of a second parent in the home rings clear and you are reminded of the help the other offered or aided in. In an article from the Huffington post one mother describes different parenting groups that many women fall into after divorce. The title of this article is Post Divorce Parenting: How to be a Smarter Mom, Not a Martyr Mom. Divorce attorney salt lake city

When if comes to managing schedules and filling time it is difficult to do the things you once did effortlessly and sometimes the guilt overrides rational decisions. With the rise in divorce rates and the blending of families many are opting for helicopter parenting to ensure their children are not falling through the cracks. Attorneys in salt lake city

There are varying emotional stages during and after the divorce that many do not understand or acknowledge. The frustration you are feeling at the beginning my begin to subside the farther along you are in the journey. Divorce attorneys in salt lake city

Here are Some Tips to stay calm and reserved during your divorce could include:

Parenting During Divorce

*Having a great social network Meetup.com -this is not a dating site. it is a place to find activites with other people with similar interests like hiking, biking, dancing, cooking. Family law attorney salt lake city

*Working out at home or the gym  

*Finding hobbies or refreshing old ones that you once loved

*Making goals for yourself

*Counseling and Life Coaching

*Meditation, Yoga, Pilates

*Playdate groups

 

An Ogden Family Law Attorney or an American Fork Family Law Attorney would be happy to help you with resources on how to win at parenting after divorce. Salt lake city divorce

Parenting During Divorce

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