Tag: Salt Lake City

Protective Orders Explained

Many people misunderstand that not all orders to stay away are the same. There are several different types of orders that require different penalties and conditions. There are No Contact Orders, Protective Order, Criminal No Contact Orders, Civil Stalking Injunctions and Restraining Orders.

Protective Orders

A Protective Order

Order is a court order that has specific requirements for behavior and is generally ordered in cohabitant situations. It in essence “protects” one of the people who feels like the other may harm them. The order specifically places conditions for no contact and to stay away from the other person. There are different kinds of protective orders.

Protective orders can be filed and enforceable as soon as the Request is served upon the other person. Upon service a court date is set for 14 days later and at that time a Permanent order may be entered. While waiting for the hearing you cannot directly or indirectly contact the victim. A Petition for Protective Order is a request that is filed during or after criminal case has concluded or outside of a criminal intervention. Meaning you do not have to file charges against the accused to be granted the order.  This may be part of a divorce proceeding or if the victim opts not to pursue criminal charges but needs the protection of an order from a cohabitant. Once granted it is entered into the state database and will appear as a flagged name or address on all databases for gun registries, background checks and when the police are called to an address or if you are pulled over.

Common Terms for these order may include child custody or supervised visitation arrangements as well as:

  • prohibiting the respondent from committing domestic violence or abuse
  • prohibiting the respondent from contacting the petitioner
  • excluding the respondent from petitioner’s residence, school, or workplace, or any other place
  • prohibiting the respondent from possessing a weapon
  • permitting the petitioner to use a vehicle or other personal property
  • granting the petitioner temporary custody of any children
  • appointing a guardian ad litem to represent the interests of any children, and
  • granting any other relief necessary for the safety and welfare of petitioner or another person.

Violating these laws will result in criminal charges.

(Utah Code §§ 78B-7-102, 78B-7-103, 78B-7-106, 78B-7-107.)

 

No Contact Order/Criminal No Contact/ Pretrial No Contact Order

No Contact Orders are granted when a person is arrested for assault, rape or domestic violence cases and are active while a criminal case is pending.  This usually is ordered if you are arrested and may remain effective through the entire time a criminal case is being prosecuted, during trial and through sentencing. At sentencing the order may be changed to a long term Protective order (cohabitant) or Criminal No Contact Order (non-cohabitant).  It could also be changed to a Civil Stalking Injunction as well depending on circumstance and protection requested by the victim. Once granted it is entered into the state database and will appear as a flagged name or address on all databases for gun registries, background checks and when the police are called to an address or if you are pulled over.

Whenever a defendant is charged with domestic violence, the court may issue a pre-trial protective order:

  • prohibiting the defendant from committing or threatening acts of domestic violence
  • prohibiting the defendant from contacting or communicating with the victim
  • excluding the respondent from petitioner’s residence, school, or workplace, or any other place, and
  • granting any other relief necessary for the safety and welfare of petitioner or another person.

The order remains in effect until the defendant’s trial. It is a crime to violate a pre-trial protective order.

(Utah Code § 77-36-2.7.)

 

Civil Stalking Injunction

A Civil Stalking Injunction is a Long Term Criminally Punishable order.  This is used in cases where there is not a cohabitation clause. Much like the Protective Order this is an option if there is no current criminal case. It is also an option if the victim and the alleged abuser are not cohabitants.  This is similar to a protective order as far as penalties and processes go as well. However, it is held to a high standard because there should be no reason for contact between the victim and alleged abuser because they do not share anything in common such as children or assets. In some cases this is used for business relationships that have gone downhill. This is usually used in cases where there was no relationship between two parties. A Civil Stalking Injunction can be used for roommates, neighbors, co-workers, stalking cases, harassment cases and other circumstances. Further, it does not require a criminal case just like a protective order. It requires 3 eminent danger or documented threats/medical reports or police reports as well.  This injunction is criminally punishable and enforceable through the police department. If violated, you can be arrested immediately. Once granted, it is entered into the state database and will appear as a flagged name or address on all databases for gun registries, background checks and when the police are called to an address or if you are pulled over.

Civil Restraining Order

Civil Restraining Orders are a long term order that is usually contained within an already existing order like a divorce or civil suit.  These do not carry any criminal penalties. A civil restraining order is often written into civil settlement agreements. To enforce a restraining order the petitioner would have to have a civil hearing to determine sanctions. Oftentimes, this is an order that is used for a “good will” or mutual order to agree not to bother someone else. It carries no immediate penalties and cannot be criminally punishable. Further, it cannot be enforced by police so it is often a frustration to many who misunderstand the order and mistake it for a protective order. However, courts will order a restraining order when the harm is not eminent but only in a civil case that already exists or was brought as part of another civil action. Sometimes it is a condition of probation in criminal cases but does not carry any penalties on its own. This is usually to alleviate the victim by provide some standard of behavior between the parties that is acceptable. It is not enforceable by the police and is only punishable through sanctions unless it is a condition of probation or parole but only until the sentence has commenced. This may be changed to a stronger order like a civil stalking injunction or protective order if it is violated multiple times and there is probable cause that criminal behavior has occurred during the violation that results in physical harm or breaks a law in regard to contact between two parties. For instance, a woman may have a restraining order issued in her divorce that bars her from contacting her ex-husbands new wife and harassing her with multiple calls daily. If her calls reach the level of communications harassment, she makes a threat of physical harm or behaviors constitute stalking the police may charge her with any of those crimes and a criminal no contact order may be issued during the case. However, it will not be considered a violation of the restraining order unless the victims husband requests a sanction hearing or order to show cause in the divorce case for violating the order. Further, restraining orders are not kept on the police data system to alert the police to specific people or addresses as believed to be dangerous or in need of protection and therefore are not placed on a higher status for response in emergency phone calls to 911 like the civil stalking injunction or the protective order.  This order limits the ability for police to respond unless the victim has a copy of the paperwork on hand and even at that unless a criminally applicable law has been broken or there is eminent danger they may not intervene and will refer you to the civil courts to handle the violation through the divorce or the restraining order case directly.

Sentencing

If you are convicted of violating an order or you contact a victim before being released after arrest you could be charged with another crime of a third degree felony or a class A or B misdemeanor and anywhere from six months to 5 years in prison as well as a $0-$5000 fine. Subsequent violations could earn enhancements on the following scale:

  • a class B misdemeanor, then it is punishable as a class A misdemeanor by up to one year in jail and a fine of up to $2,500, or
  • a class A misdemeanor, then it is punishable as a third degree felony, punishable by a prison term of up to five years and a fine of up to $5,000.

(Utah Code §§ 76-3-203, 76-3-204, 76-3-301, 76-5-108, 77-36-1.1, 77-36-2.5, 77-36-2.7, 78B-7-106.)

 

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 /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.

Shoplifting In Utah

 

 

Shoplifting, referred to as retail theft. This is a serious criminal violation under Utah law. There are criminal codes in the state of Utah for retail theft which include possible incarceration and fines as punishment. In addition, Utah law grants the victims of the crimes the right to sue the shoplifter as well in civil court for damages. Ogden Criminal Lawyer, Vince Stevens can help. HD Gailey lawyers in American Fork are the best criminal defense attorneys Ogden.

Shoplifting in Utah

Shoplifting is commonly referred to as retail theft. This is characterized with these types of things: taking property  without compensating, varying price tag or names, and transferring products into a different package, box AND with the intention of depriving the seller of the retail cost ( Utah Code Ann. 1953 SS 76-6 -602 ).

In the State of Utah, a seller has the right to request that customers keep the items they wish to purchase in full view. Further, they can detain suspected shoplifters for a reasonable period of time. Criminal and civil penalties for shoplifting are described below.

Charge Classification Penalty
Theft of property less than $500 Class B Misdemeanor Jail term of up to six months and/or fines up to $1,000
Theft of property valued at $500 or more and less than $1,500 Class A misdemeanor Jail term of up to one year and/or fines up to $2,500
Theft of property valued at $1,500 or more and less than $5,000 Third degree felony Jail term of up to five years and/or fines up to $5,000
Theft with two prior related convictions in the previous 10 years Third degree felony Jail term of up to five years and/or fines up to $5,000
Theft of property valued at $5,000 or more Second degree felony Jail up to 15 years and/or fines up to  $10,000
Theft of a firearm Second degree felony Jail up to 15 years and/or fines up to  $10,000

 

Civil Liability

When an adult is charged as a shoplifter, they can be litigated by shop or store owners for the actual damages. This may be a penalty in the amount of the retail price which may be up to $1,000 or a penalty between $100 and $500, payments are sometimes accepted as long as they are reasonable. Attorney’s fees may be awarded as well. Parents of minor shoplifters are jointly and wholly responsible for the minor as well as. The best criminal defense attorney in Lehi or Ogden criminal defense attorney Stevens can help if you are faced for payment of actual damages. If a penalty in the amount of the retail price (up to $500 ), a penalty between $50 and $500, Ogden criminal defense can ask for payments, and their fees are reasonable.

Diversion Programs and Plea Bargaining

Prosecutors can offer certain individuals accused of first-time or low-level offenses an alternative to prosecution via diversion curricula. If an accused individual completes the diversion planned requirements, who were able to include repayment, community service, or advise, the criminal charges is likely to be lowered. Diversion programs are typically available at the discretion of the prosecutor and field.

If a diversion planned is not feasible, the accused may be able to negotiate a plea bargain with the prosecutor. Plea negotiations often concern acquiring lesser attacks or abbreviated convicting in return for a guilty plea. The best criminal defense attorneys in Ogden or best criminal defense attorney in Lehi can help with a diversion.

Getting Legal Help

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

 

 

 

DUI License Hearings

Now that an arrest has happened one may be unsure of what processes one will be facing in the near future. The next couple of months the most important information to remember is the timeline. DUI Defense Attorney American Fork and DUI Defense Attorney Ogden are experienced Utah DUI or Metabolite DUI Attorney’s. The best guess will ensure that the witnesses are generally the police, evidence and any other people in the vehicle. There will be evidence such as breath testing, blood testing and field sobriety testing. The tests will be submitted as evidence in both the Driver’s License Division Hearing and a separate criminal action.

The tests that may have happened include:

Standard Field Sobriety

 One Leg Stand

Clues for Intoxication include:

Hopping in place Raising arm

Swaying, Placing foot down.

Walk and Turn

Clues for intoxication include:

Stepping out of position, Starting too soon,

missing heel to toe, stepping off line,

raising arms, incorrect step counting

improper turn, stop walking during test.

Horizontal Gaze Nystagmus

Clues for intoxication include:

Lack of smooth pursuit-left and /or right eye.

Distinct sustained nystagmus at max left and/or right eye

Angle of onset prior to 45 degrees left and/or right eye.

Blood Chemical or body fluid test:: This also identifies the presence of illegal drugs or prescription drugs.

Breathalyzer BAC: Measures the exhale alcohol content which tells officers how much is in the bloodstream.

Most often there will be several pieces of evidence entered against an individual. This can include testimony from the officer, video tape of the arrest, video of the blood or other sampling, actual results and any other records including the police reports.

Drivers License Privileges

Drivers License Privileges are COMPLETELY SEPARATE from the criminal case. The DL Division may be suspended or revoked the license. If you want to keep your License you must contact the Drivers License division within ten days of the arrest in writing. This has to be done in writing.  Call an American Fork DUI Lawyer, Salt Lake City DUI Lawyer or Ogden DUI Lawyer

According to the State of Utah:

If you were ARRESTED for DUI, what happens next (some or all may apply):

  • Your driver license was confiscated by the arresting officer and replaced with a citation that serves as a temporary license that expires in 29 days;
  • Your vehicle was more than likely impounded
  • You should request a hearing within 10 days
  • You can seek legal counsel to represent you in your driver license hearing and also your court appearance.
  • Your privilege to drive may be withdrawn on the 30th day after the date of arrest.

SUSPENSION TIMES

  • Driver 21 or older at the time of arrest, the following suspension periods will be imposed for a first offense:
    • Per-Se arrest – 120 days
    • Refuse to submit to a chemical test – 18 months
  • Driver 21 or olderand has a second or subsequent arrests, the following suspension periods will be:
    • Per-Se arrest – 2 years
    • Refuse to submit to a chemical test – 36 months
  • Driver under the age of 21the suspension periods for drivers based on actions for a Per-Se arrest under UCA 53-3-223 or a Not-a-Drop arrest under UCA 53-3-231.  These actions are administrative in nature, and are not based on a criminal conviction of DUI, but the arrest report itself.
  • Suspension periods for DUI and metabolite court convictions will remain the same; however, the individual may petition the court for a shortening of the suspension period for a first offense for a violation of 41-6a-502 (DUI) or 41-6a-517 (metabolite) if certain conditions have been met.
  • Driver under age 21at the time of arrest and refuses to submit to a chemical test, the license will be revoked until the person is 21 years of age for a period of 2 years, whichever is longer, for a first offense, previously 18 months.  This change will apply only to arrests that occur on or after July 1, 2011.
  • Driver age 19 or 20at the time of arrest, the following suspension periods will be imposed for a first offense:
    • Not-a-Drop arrest – 6 month suspension effective 30 days from arrest date
    • Per-Se arrest – 6 month suspension effective 30 days from arrest date
  • Driver under the age of 19 at the time of arrest, the following suspension periods will be imposed for a first offense:
    • Not-a-Drop arrest – 1 year suspension effective 30 days from arrest date
    • Per-Se arrest – 2 year suspension effective 30 days from arrest date
    • Not-a-Drop or Per-Se arrest if committed prior to May 14, 2013 and the suspension or denial was based on the same occurrence upon which certain written verification’s received from the court are based – 6 month period

Effective April 1, 2014 the court can reduce the driver license suspension period for a second or subsequent minor alcohol consumption or possession suspension or minor in a bar suspension if the person certifies to the court that they have not consumed alcohol for a concurrent period of at least one year during the suspension period.  Must have a court order for reduction of the suspension.

An individual who has had their license suspended or denied for a Not-A-Drop Arrest (driving with a detectable amount of alcohol in the body) is required to obtain an assessment and recommendation for appropriate action from a substance abuse program in order to reinstate their driver license.

Dui in Utah is tricky and with some expertise from an American Fork Criminal Defense Attorney, Salt Lake DUI Attorney an Ogden Criminal Defense Attorney one will successfully navigate the charges faced. Contact Stevens Gailey Today.

 

 

 

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

Divorce: Remaking Your Life Blog Stevens & Gailey

Divorce: Remaking Your Life

Divorce: Remaking Your Life

Divorce is never an easy decision. It affects not only the couple, but also those around them. From children to in-laws and friends it affects everyone. Divorce lawyer in utah

The holiday’s are rapidly approaching and if you’ve recently gone through a divorce, you’re likely feeling like you’d rather avoid the holiday’s. This guide can help you to remake your life and look forward to the holiday’s and other seasonal occasions with joy. Here’s how. Divorce attorney ogden utah

Don’t Isolate

It’s easy to want to hide under the covers and avoid the holiday’s. Perhaps it’s not your “turn” this holiday with the kids or you’re feeling left out of former holiday activities.  This is something that no one warned you about of even thinks might be difficult for you, your children or your former friends and family. Salt lake city divorce

Getting through the first holiday season alone might be a bit challenging, but it can be done with determination and some simple goals. Don’t let yourself sit around feeling sorry for yourself, find something that means something to you and do it.

Some people will opt for a hobbies such as photography, woodworking, crafting and a host of other things. Most have said their first gift to themselves on Christmas after a divorce is something you used to love, wanted to try or feel like it might take your mind off the events.

This is a perfect time to provide service in your community. Its always a good philosophy that when you think that you have things bad you can always find someone who needs you. Needs your help, your smile, your warmth and kindness. There are many charities and event organizers that will help you by helping others.

Focus on special gifts such as a memory book or photo album for the kids if you’re not with them this holiday. Get plenty of rest and focus on you for a change. The number one thing during this time is to remember that you have always been in charge of you happiness. Its time to listen to yourself and build on the positives you have.

Divorce: Remaking Your Life

Find New Traditions

Your new traditions might vary according to which one of you has the kids the first year. If it’s not your year with the kids, don’t mope around. Don’t let the kids see you sad either. Encourage the kids to enjoy time with their other parent and plan to celebrate earlier or later with the kids. Your Divorce Lawyer American Fork  Divorce Lawyer Ogden may have some helpful tips on parenting plans.

Meanwhile, plan a new tradition. If you’re not with the kids plan to help someone else. A shut in, the elderly, a homeless shelter etc. This will keep your mind occupied and help you to focus on something else that will be beneficial.

Maybe it is your time to take a short vacation that you want to take. Many people find it relaxing to sit poolside, in a tropical location or spend the day watching the snowfall in a cozy cabin next to a fire. Whatever you choice is it’s your gift to you.  While you may be alone or with a companion it is starting your new tradition on your terms to help fill in on the times that you are not with your children and or your former life partner, family and friends.  Some people prefer this as they have time to just do things that they like to do. It can help the healing process. Make sure you check out the local restaurants and activities before you book your travel. Surprisingly this is a popular option for most and you will find others with the same thought! A new found friend is always the best holiday gift.

Go to a friends house or help a lonely neighbor. Whatever you do, focus on something besides feeling like  the party of one. Get up, Get dressed and make a difference in someone else’s life.  It’s easy to get caught up in feeling sorry for yourself so plan to stay busy.

Create a new tradition that will help keep you focused and occupied. You’ll look back on it with fond memories one day. Maybe one year you and your children (if you have them) can do a special trip that you plan together. Its nice for everyone to create a good mix of the old and new.

Keep Friends And Family

Often during a divorce well meaning friends and family will side with one party or the other. You can avoid this very easily by not saying anything negative about the other party. The other word of wisdom is to make sure that you brush off the gossip. Make sure to ask your Divorce Attorney American Fork Divorce Attorney Ogden about some helpful tips to remember in your conversation with family and friends.

Instead, simply say that there were differences that couldn’t be worked out or that you’re both good people but you simply aren’t compatible. Often these tactics will help to disarm their comments.

Remember just like children, friends and family have loved you both for a substantial time. They may feel torn and like they have to choose. the best advice is to just get through it as cordially as possible. Acknowledge their feelings and assure them of their place in your life still.

Focus on those that you were closer too and avoid trying to please everyone. You’re going to have some opposition no matter who was at fault so be sure to steady yourself and focus on those that you know love you regardless.

Don’t get caught up in the conflict further by trying to prove that one party is right over the other party. It takes two people to make a couple and sometimes it just isn’t working. Its important that you continue to be the person that they have always loved and trusted. Sometimes it might be difficult to shy away from throwing mud. Overtime things will settle and who remains and carries through with you was really the only person that should have been there in the first place.

Lastly, enjoy your holiday. Plan to have a wonderful time with whomever happens along your way during the holiday season. Don’t dwell on the losses but instead celebrate all the positive aspects of the holiday. Focus on yourself and healing and remember that no one can tell you how to grieve your losses. Its individual. Take your time and do it right.

One day you’ll emerge full of life and energy and happiness, until then, find things to be grateful for and remember that you’re going to get through this difficult time in your life. It just takes a few days and some positive changes.

Divorce: Remaking Your Life