Utah Domestic Violence Legal Questions

Yes, a subpoena is an order from the court directing you to appear. If you don't they can issue a warrant for your arrest. However, if he is your husband you can assert spousal priviledge and you do not have to testify against him. You should contact the prosecutor's office that is pursing the case and inform them that you intend to invoke your spousal priviledge. ... Read More

Never plead guilty until you have a chance to review the evidence against you with a lawyer.  In the meantime, he should not speak to anyone about what did or did not happen.  Criminal Mischief is a property crime: destroying the property of another person.  Criminal Mischief is considered to be a crime with a victim, i.e. the proetry owner.  In Utah, Criminal Mischief can be charged as a crime of Domestic Violence, where the victim of the crime is a Cohabitant of the person.  A Cohabitant is someone with whom you have lived, married, had children, or been in a consensual sexual relationship. He needs an attorney.  At his first hearing, the judge can appoint him a public defender if he cannot afford an attorney.  It would be wise for him to consult with some attonreys before then.... Read More

It depends on what they charge her with.  If there are not allegations of bodily harm or use of a weapon, it might be charged as a class B misdemeanor.  Class B Misdemeanors carry a maximum snetence of 6 months in jail.  However, upon jail time is rare for a person with no criminal history being convicted of theoir first class B Misdemeanor.  If fighting the case is not possible, a good attonrey should be able to resolve the case in a favorable manner.  As a victim, you also have the right to be represented by counsel.  You don't have to speak with the prosecutor or the cops.  Anything you say to them will be used against your Fiance.  Hire an Attorney ASAP.... Read More

As a victim or alleged victim, you have the right to be represented by your own attorney.  It woudl be wise to hire an attorney who knows how to represent victims and work with a prosecutor to get a case like this dismissed.  If the prosecutor thinks they can prove the case, they often won't drop it even if the victim wants the caser to be dropped.... Read More

You have the right to ask the cour tto dismiss your petition.  The Judge might still keep the next hearing and have you ask to dismiss the petition at that hearing.  The Judge will just want to know if you no longer have a reasonable fear; their fear is generally that they dismiss an order and then someone gets hurt.  But they have to dismiss it if you ask.... Read More

My first impression is that you really need a divorce and to address the underlying cause of all the issues, the abuse. You also have the option to sue for damages related to the abuse. But, from my point of view, you need to stop the abuse and the only way to do that is to remove yourself from the problem by way of perhaps a protective order and then divorce. How do you find an attorney? You do your homework on the issues. I've practiced in those areas for over 30 years. You need to prepare to vigorously assert your  claims and concerns to do what truly is in youe best interests. You need an attorney who helps you prepare a plan. You need to get with an aggressive family law attorney who has experience with divorce, abuse, and difficult cases. I know what these cases are like, having handled a number. Your situation involves major factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I offer an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. I f you want to set an appointment for the initial consultation, feel free to telephone my office Tuedsay morning (today is a holiday and the office is closed). Don't wait any longer, give a call and let's getting working to protect your interests.

 David R. Hartwig

 801-486-1715... Read More

You are confusing a protective order with criminal charges. The two are very different. Your protective order is there for a reason. Without seeing the order, and your claims, no one can advise you about changing things. You really should consult with an experienced family law attorney before the hearing, as, if appropriate, you might be able to change some of the claims and resulting order. As to the criminal charges, those are controlled by the district attorney, and you cannot influence them. If that office decides to file charges, it is their case and not within your ability to control. With the protective order, it is possible to attempt to work things out with your partner, through mediation. Again, you need to get with an experienced family law attorney to ensure the wording of the order is correct. Then, if you work out all of the problems, you can dismiss the protective order at a later date. You need to get with an aggressive family law attorney who has experience with protective orders, mediation and difficult cases. I know what these cases are like, having handled a number. Your situation involves major factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I offer an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone my office.

David R. Hartwig 

801-486-1715... Read More

Probably not. Sounds like you simply need to file for a divorce. Your situation involves  factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone.
 
David R. Hartwig

 801-486-1715
drhlaw@ix.netcom.com... Read More

Based on what you say, the answer is no. You were not a minor at the time of the event, and you provide no evidence of psychologically blocking out the event (the blocking would require medical evidence to prove). In that light, I see no basis for extending the statute of limits. That means that you need to file your case immediately. You need to get with an experienced attorney asap. Your situation involves major factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone.
 David R. Hartwig

 801-486-1715... Read More

You will need to attend and be prepared to present evidence. If the other party does agree to have the case dismissed, then things MAY be simple. Depends on the judge and the other party. Your situation involves major factual and procedural issues, with potentially nasty consequences to you. These are issues that we can discuss. I f you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone.
 Don't wait any longer, give a call and let's getting working to protect your reputation.
 
David R. Hartwig 

801-486-1715
drhlaw@ix.netcom.com... Read More

In general, if a person assaults you then you can recover your damages from the assault.  There are some defenses that can be raised, however, such as consent and self defense.  Therefore you should evaluate the strength of your case before going to court.  An attorney may be able to help you in doing so.  The relevant considerations include whether or not you have any favorable witnesses or police reports, if your doctor would be able to testify that she caused your injury, the amount of money that you have paid out of pocket, the value of your pain and suffering caused by the assault, and the woman's ability to pay any judgment that you might recover.  Depending on where and how the assault occurred, she might even have insurance (e.g. homeowners insurance) that would cover your injuries. If you do decide to go to court, you should also be aware that it is a long, intensive process, and you will likely have to spend a bit of money before you ever will see anything back.  I wish you luck.... Read More