Avoid this Common Pit Fall

Often a protective order will restrict your communications with the Petitioner to only be in writing through text or email and requiring such communications be limited to matters involving parent time and the children. Where we continually see people getting into trouble and violating their temporary protective order without necessarily knowing or intending to violate, is when the Respondent (that would be you) emails or text messages the Petitioner about divorce related matters which do not involve the children. Let’s say, for instance, you have been served with a temporary protective order, you also find out your spouse filed for divorce, and you send him/her an email about alimony. You have likely violated the terms of the temporary protective order served upon you since alimony has nothing to do with parent time or the children. Don’t fall into this common trap. The best thing to do whenever you are served with a protective order is to contact an attorney and review the terms of your temporary protective order prior to making any contact whatsoever with the Petitioner.

Violation Can Result in a Permanent Order

Many people do not realize that not only is violating a protective order a criminal offense, but it can also be grounds for a permanent protective order to be entered against you at the hearing. This can be very unfortunate, especially if you have a high chance of having the temporary protective order and matter dismissed at the hearing. Let’s say the allegations made by the Petitioner in the protective order are entirely false and you will likely succeed at the hearing in having the case dismissed. Simply violating the protective order can be enough for the judge to enter a permanent order against you regardless of whether or not the Petitioner’s temporary protective order was justified in the first place. If you have been served with a protective order, call and speak with one of our protective order defense lawyers in Provo, Utah right away.

The post The Common Protective Order Violation appeared first on Provo Divorce Lawyers | Utah Family Law Attorneys.

In order to be granted a divorce in Provo, a person must satisfy certain requirements.  There are many legal requirements such as residing in Utah County for three months, waiting 90 days after a divorce is filed, and attending mediation before having a judge decide the contested issues of the divorce.  One requirement unique in Utah is the requirement that all divorcing persons with children must attend a divorce orientation class.  This class is intended to inform those divorcing how the legal process works, the implications of divorce, and the availability of other options.  Currently, the class is supposed to be taken within 60 days of filing for divorce.  If Rep. Jim Nielson has his way, however, this class will have to be taken before a divorce can even be filed.  Some Utah divorce lawyers in Provo, Orem, Heber, and the surrounding areas are opposed to the proposed changes.

The Problem of the Divorce Orientation Changes

Provo, Orem, and Heber divorce lawyers are opposed to the proposed change because it places another burden on individuals seeking a divorce.  The class itself seems unnecessary but to have it required before a divorce can even be filed places an unnecessary burden on individuals in Utah, Wasatch, and surrounding counties.  People often need temporary orders issued quickly in a divorce because of abuse or neglect of a spouse.  Requiring individuals to first take the divorce orientation class before a divorce can be filed delays needed help from the court.

The Administrative Office of the Courts also expressed concern that the change in timing could affect people’s access to the courts.  Rep. Nielson’s proposal is an unnecessary intrusion into the divorce process.  At this point the proposal is not yet a proposed bill.  Hopefully many people and divorce lawyers will speak up and inform Rep. Nielson that his proposal is not a good idea.

Contact a Lawyer in Provo Today

If you or someone you know is thinking of filing for divorce in Utah County Wasatch County, or any other county in Utah, contact a Provo Divorce Lawyer today.  A Provo Divorce Lawyer will walk a person through each step of the process, including the divorce orientation class.  Call 801.800.8247 to speak with a lawyer today.

The post Possible Divorce Orientation Class Changes Coming in Utah appeared first on Provo Divorce Lawyers | Utah Family Law Attorneys.