Utah Protective Orders and Divorce

Utah’s Department of Health reports that approximately 32 percent of homicides in the state were connected to domestic abuse in 2011. More than 3,400 women, men and children sought protection in shelters to flee abusive environments.

Instances and threats of domestic abuse must be taken seriously. Help is available for those who find themselves in these situations. One legal remedy is to request a protective order.

UTAH PROTECTIVE ORDER BASICS

Utah state law allows domestic abuse victims to file for protection with a Request for a Protective Order. A protective order is designed to keep a person from harming those who file the request, which can include the person requesting protection, known as the petitioner, and the petitioner’s children. The court order prohibits the accused from contacting the petitioner.

A protective order is available in a variety of situations, including divorce resulting from an abusive relationship. Many elements of a protective order can be particularly useful in this situation. In addition to offering actual protection, this document can result in:

• Temporary possession of a home, primary vehicle and certain pieces of personal property
• Temporarycustody of children
• Temporary support for the children

This document also provides police with the ability to arrest a person who violates the order.

GETTING A PROTECTIVE ORDER IN UTAH

Certain factors must be met to qualify for a protection order. Those who were actually physically harmed or fear harm from someone they lived with or have children with may be eligible for a protective order. The law takes a broad view of what it considers harmful conduct and includes acts of hitting, kicking, pushing, harassing, not allowing someone to call for help and threats of these actions within the definition.

A protective order can be requested without a fee, but forms must be filed with the court and the person requesting protection is generally required to attend court hearings.

Although a protective order offers only temporary custody and support, it serves as a useful tool during a divorce involving an abusive relationship. If you are considering filing for divorce because of an abusive relationship or have recently filed paperwork and would like to request a protective order, contact an experienced Salt Lake City protective orders lawyer to discuss your options and help guide you through the process.

A LEGAL SEPARATION MAY BE YOUR TICKET

Some people may feel their marriage has come to an end but they still wish to keep their married status as it provides them with multiple benefits. A legal separation deals with issues such as child support, parenting, and spousal support while the couple remains legally married. It’s an agreement that can benefit everyone while waiting for the official termination of marriage. Find out more about the benefits of a legal separation with a Salt Lake City legal separation attorney.

FINANCIAL ADVANTAGES

One of the most common advantages a legal separation can provide include being able to deduct alimony, also called spousal support. This is only possible if the spouses live in different households and if they are already legally separated. Also, you have the option to file your taxes separately as alimony is already deducted. However, if you consider filing jointly will work on your advantage, then you may do so as you are still legally married. Another benefit of a legal separation is keeping insurance benefits as married couples tend to receive more benefits. Military couples, for example, will remain legally separated and married for a 10-year-period in order to receive important benefits. This is also valid for Social Security benefits.

YOUR TICKET TO A DIVORCE

Some couples may benefit from living apart before getting a divorce. It will allow them time to think things through before making a final decision. There is also the opportunity to establish the divorce terms ahead of time and you can also have details about child support, debts, child custody, and so on. Both parties sign the document and if they decide to get divorce in the future, the new divorce agreement will replace the legal separation agreement. In other words, a legal separation may be the best way to test the waters before getting in them.

BENEFICIAL FOR CHILDREN

Divorce can impact the health and emotions of your children. A legal separation may be the best approach to allow your children cope with the whole idea. Also, they may still get to experience family closeness as in most legal separation cases parents are still living together. Even when couples live apart, the child gets to spend plenty of time with both parents and they may not notice as much the difference or rupture of the parents’ relationship.

RELIGIOUS REASONS

Couples that come from religious backgrounds sometimes like to keep their married status for religious reasons as some religions forbid divorce. With a legal separation, the couple can live apart and may even be able to reconcile their differences. If you come from a religious background, this may be a great opportunity to take some time off your marriage while still keeping and respecting your religious beliefs.

Free Consultation with Divorce Lawyer in Utah

If you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will fight for you.