The Case Recently the Utah Court of Appeals issued a ruling in an appeal concerning a Utah civil stalking injunction. The case is Roper v. Shovan, 2013 UT App 124. In that case the court addressed whether the district court erred in issuing the injunction. An appellate court will overturn a district court’s decision in a civil stalking case only…
We Fight for All Three
Uncategorized
Utah Dating Violence Protection Act
Protective Orders Against Boyfriends and Girlfriends Protective orders in Utah have historically been limited to spouses and cohabitants (people living together) or former spouses and former cohabitants. Courts hand out protective orders like candy as it is and the Utah Legislature has just made it even easier to get a protective order and has all but guaranteed that Courts will…
Victim Impact Statements at Sentencing for Utah Convictions
What is a Victim Impact Statement? Under common law, for every crime committed there needed to be a victim. That of course is no longer the case as there are a multitude of “victimless” crimes (e.g., possessing drugs, drinking alcohol under age, etc.) For those crimes that legitimately have victims (e.g., murder, assault, theft, etc.) the victim has obviously been…
Shooting Victim’s Parents May Sue West Valley
Danielle Willard was shot and killed by West Valley City’s narcotics unit in November of last year. Since that time, the unit has been found to be corrupt and has come under fire from the County Attorney’s Office, the Mayor, City Counsel, and now the feds are even reportedly investigating the matter. Over 100 cases involving the unit have been…
Electronic Communication Harassment in Utah
In today’s world where communications through text, email, phone, chat, and other methods are readily available on our mobile devices, Electronic Communication Harassment Charges are becoming more and more common in Utah. It is much easier to be charged with harassment through electronic means than many people may realize because the statute in Utah governing this issue is very broad.…
Utah Cohabitant Abuse Act
The Utah Cohabitant Abuse Act is the statute in Utah which enables any adult or child residing with another party who has been subjected to or is likely to be subjected to domestic violence or abuse, to seek a protective order. An individual can file for a protective order regardless if a divorce is filed, criminal charges are filed, or…
Crimes Relating to Marriage
Adultery In Utah, there are still a few Crimes Relating to Marriage still on the books. The one that some people believe should be removed from the Utah Code is adultery. While it is rarely enforced, it is still a crime punishable by up to 180 days in jail for a married person to have sexual intercourse with a person…
The Different Types of Alimony in a Utah Divorce Case
There are a few different types of alimony that can be implemented in a Utah divorce case. The type of alimony that could be awarded is determined by the stage of the case. Temporary Alimony The first type of alimony or spousal support that could be ordered in a case is temporary alimony. Typically this is alimony that is awarded…
Hearsay and How It Applies in Utah Court Cases
A lot of people use the term “hearsay” in everyday to life to attack a statement’s credibility. Many believe that if a statement is hearsay it is automatically not reliable, and therefore, cannot be used as evidence to support a position. There is only some truth in such a belief and in fact hearsay is used all the time in…
Utah Pornography Distribution Cases | Search Warrants
What is Pornography? In Utah, pornography is defined as anything that “the average person, applying contemporary community standards, finds that, taken as a whole, it appeals to prurient interest in sex; is patently offensive in the description or depiction of nudity, sexual conduct, sexual excitement, sadomasochistic abuse, or excretion; and taken as a whole it does not have serious literary,…