Utah Recent Legal Answers from Lawyers

A lot depends on the purchase contract, the conditions for purchase (such as correcting problems), and deadlines in the contract. If the contract is written to depend on completion of the corrections, then you may be safe -- again depending on the contract content. It would be best for your to review all of the paperwork with an attorney. If the contract requires that you accept the conditions on closing you may be letting the contractor off for additional repairs. So, check with an attorney. I may be able to assist, if you want.... Read Answer

Without more detail, I am not sure whether the documents you signed were actually used; they could have been. What I'd need to do is review your case, and see if orders based on those documents were signed by the court. I also have a question on the time line, when you signed the non-disparage document and when you filed for the protective order (including when the events occurred). You are correct that your husband's attorney could use the document in the protective order and criminal case hearings. Additionally, if the document was used as the basis of an order, before the protective order, your husband might use the same to attempt to hold you in contempt for violating that order. You really should sit down with an experienced family law attorney, review your divorce case, and determine what the time line actually was. You also should get with that attorney to assist you at the hearing on the protective order, and to prepare for the criminal case. I may be able to assist you, if you wish.... Read Answer

I can see that you and your husband are in a difficult, and embarassing situation. Unfortunately you do not provide sufficient information to make any opinions, or offer any options. What you need to do is to gather all of your facts, and sit down with an attorney who has handled these types of matters, as I have. There are many details that need to be put together, and correlated so that one can prove who said what, that what was said was false, that the false statements caused damages, and exactly what those damages are.  ... Read Answer

What is your spouse's immigration status? If he/she is a U.S. citizen, you may be eligible for lawful permanent residence even if you married after your status expired. Are you subject to the two-year home residency requirement? If so, you will require a waiver. You can read more about adjusting your status to lawful permanent resident at http://myattorneyusa.com/adjustment-of-immigration-status.... Read Answer

If your boyfriend has the probability of being persecuted in the home country, he may be able to stay here in the country even though he may have had a prior order of removal. When DHS attempts to reinstate the prior order of removal, he can still make an application for withholding of removal or withholding under the Convention against Torture in which he will have the burden of proof of showing that it is more likely than not that he would be persecuted. The immigration judge in most instances withholds action on the case while DHS sets up a reasonable fear interview. Assuming that he passes that, he would have his day in court to apply for withholding of removal.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read Answer

Where in the legal process are you? You should be able to get an attorney, and if you can't afford one, public defenders are usually very good attorneys. It sounds like you have a reasonable defense, and the matter should go to trial (unless you get a good plea bargain), but you will definitely need an attorney to represent you.... Read Answer

If you have a stalking injuction, I'd need to see that and determine what it says about having the children around. And, if he is having these mental breaks, should the children be around him at all? At least not until he is stable and able to safely care for the children. With those things in mind, why are you taking the children to him? I think you need to review the entire situation with an experienced family law attorney to determine what your rights are, what his rights are, and what changes need to be made to provide safe environments for the children, and help you out with your finances. I may be able to assist you, should you want.   David R. Hartwig... Read Answer

I am sorry to hear about your problems and difficulties; issues where the children are involved, and where there are claims of parental alienation can be extremely damaging for the children, and extremely trying for you. What you need to do is get these issues into the court, with the children's counselors and a visitation evaluator to address the problems and issues. You don't really have any other choice if you want to keep the children safe and out of all of the pulling and manipulations. You do need to understand that keeping things the way they are will be damaging to your children, and could be used against by your ex, as he is already threatening to do. He could even allege you are abusing the children by putting them in the middle (I have seen it happen). So, you really need to get moving forward. It would be best for you to hire experience family law counsel. I may be able to assist you, if you choose.... Read Answer

Unless there are some special circumstances, there is no real reason for the judge to schedule a hearing. Without more information, such as when you served the other side, if you defaulted the other side, or if there was a mediation with a settlement, I really can't help you further. If you want, I offer an initial 1/2 hour consultation for free. Then I might learn more, and be able to assist.... Read Answer

You don't state what the issue is, except your note that the topic area is child custody. If the issue is child custody, the I need more facts, because moving with a child invokes some uniform statutes that address which state will have jurisdiction to hear a custody matter. With knowing who is doing what, and who is moving where, I cannot provide any further answers.... Read Answer

Your boyfriend may be able to apply for withholding of removal or relief under the Convention Against Torture. More information is needed about what happened to him in his native country. If your boyfriend is afraid to return to his native country, he needs to notify ICE right away and obtain an attorney right away. Time is not a luxury in this situation. You can read more about refugee protection at http://myattorneyusa.com/asylum-and-refugee-protection.... Read Answer

Your husband needs to stop being so nice, and actually take care of you and the children. Yes, he might be able to go back to get child support, particularly with the loss of income. On the RV, I doubt you can do what you ask, but I'd have to see the decree itself. There might be a number of solutions, depending on exactly what the decree of divorce says. I'd have to look it over and then we could discuss options and plans. If you and your husband are serious about taking steps to handle these issues, I could assist you if you want. I offer an initial 1/2 consultation without charge. David R. Hartwig... Read Answer

I am certainly sorry to hear about your situation. It is indeed problematic having your spouse move out with the children. I can help you.I offer an initial 1/2 hour consultation, an opportunity to meet and discuss your case, your situation, your goals, and then offer ideas on how to help you; it is also an opportunity to see if we are comfortable working with each other. There is no charge for that initial consultation.Should you desire to have a consultation, please telephone to set an appointment.David R. Hartwig801-486-1715... Read Answer

From what you are saying, you never filed a paternity action to determine custody and parent-time. ORS does not do that. Your best bet is to file such an action, have a reunification plan ordered by the court and then see how dad complies and if things work out. That is the best bet for protecting your son, while safely learning if dad can be around your son. Hire an experienced family law attorney to assist you on this.... Read Answer