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Divorce Bountiful

First things you need to make sure is that you must meet your state’s residency requirements before you file your petition (formal written request) for divorce in Bountiful, Utah. If you don’t, you won’t be able to start the divorce process. Each state sets its own laws regarding residency. The main factor in residency requirement laws is the period of time you’ve lived within the state where you plan to get divorced. Some states will let you file for divorce without a waiting period, if you currently live in the state. Others may require you to be a resident for anywhere up to a year before you can proceed with a divorce.

Grounds for Divorce In Bountiful, Utah

Divorces grounds are the legal reasons on which you’re basing your request that the court end your marriage. Grounds fall into two categories: fault-based and no-fault.

Fault-based grounds are those that require you to prove that your spouse did something wrong, which caused the divorce. Some typical grounds in this category are adultery, extreme cruelty (physical or mental), and desertion. Today, there aren’t many benefits to filing for a fault-based divorce. However, if your state views fault as a factor in determining alimony or division of marital property, it’s something to consider.

No-fault divorce is primarily based on “irreconcilable differences” or the “irretrievable breakdown of the marriage.” In short, these basically mean that you and your spouse can’t get along anymore, and there’s no reasonable prospect that you’ll reconcile. No-fault has become the avenue of choice in most divorces. There are various reasons for this. Because you don’t have to prove your spouse did something wrong, there’s typically less anxiety and tension during the divorce process. This is a big benefit, especially if there are children involved. Also, when you don’t have to fight about fault, the divorce may move more quickly. And, less arguing almost always translates into lower legal fees.

Child Custody and Parenting Time (Visitation) In Bountiful, Utah

Custody is frequently a hotbed issue in a divorce in Bountiful, Utah. But it’s important to note that custody isn’t the all-or-nothing proposition many people think it is. In deciding custody and parenting time issues, the law requires judges to think in terms of “the best interests of the child.” To the degree possible, that usually means having both parents actively involved in the child’s life. In light of this, “joint legal custody” is often the ideal outcome of a custody case. In this scenario, both parents have a say in the most important decisions in a child’s life, such as education, religious upbringing, and non-emergency medical treatment. “Sole legal custody” means only one parent is the decision-maker, but that’s much more the exception than the rule today. Joint legal custody doesn’t necessarily translate into “joint physical custody,” where a child lives with each parent anywhere from a few days a week to literally six months a year. For any number of reasons, joint physical custody may not be feasible or advisable. In that case, a court will award physical custody to one parent (“sole physical custody”), but normally provide the other parent with a parenting time schedule. A typical parenting schedule will have a parent spending time with the child one or two evenings a week, and every other weekend, perhaps with extended time during the summer. But judges will look at parenting time on a case-by-case basis, and try to tailor a plan that best suits both parents’ schedules.

Bountiful Utah Divorce and Child Support

Both parents are responsible for financially supporting their children. Bountiful, Utah utilizes child support guidelines to calculate how much money a parent must contribute. The amount of support owed is primarily based on a parent’s income, as well as the amount of time the parent will be spending with the child. Child support will usually also encompass other elements, such as a child’s medical needs (like health insurance and medical bills not covered by insurance).

Bountiful Utah Alimony in a Divorce

The laws regarding alimony, which is also known as “spousal support” or “maintenance,” have evolved over the years. The current trend is away from lifetime or permanent alimony, which is now typically reserved only for long-term marriages generally considered to be anywhere from 10 to 20 or more years, depending on your state. For example, one type of limited spousal support is called “rehabilitative” alimony. Judges will award this for a period of time they believe will allow a spouse to viably enter the workforce, or perhaps learn certain skills that will make the spouse more employable. The object is to have the spouse become self-sufficient. Another type of short-term spousal support is “reimbursement” alimony, often awarded in short marriages where one spouse contributed to the other’s pursuit of a college or graduate school degree. The theory is that contributing spouses deserve to be repaid for the effort and costs they expended in furthering the other spouse’s education.

Some common factors a court considers when awarding alimony in Bountiful, Utah are: • a spouse’s actual need, and the other spouse’s ability to pay • the length of the marriage • each spouse’s age and health (both physical and emotional) • each spouse’s earning capacity and level of education • parental responsibilities for the children • the division of marital property between the spouses, and • income available to either spouse through investment of that spouse’s assets.

Distribution of Property in a Divorce Bountiful Utah

In most divorces in Bountiful, Utah couples will have to divide property and debts. The general rule is that family courts will divide a couple’s marital property meaning property they acquired during the marriage. This would include assets such as real estate, bank accounts, and so forth. How a court goes about doing this depends on whether you live in an “equitable distribution” state or a “community property” state. Most states follow the principle of equitable distribution. This means that the court will divide the marital property between you and your spouse based on the facts of your case. Whatever the judge feels is fair in your particular set of circumstances will determine how the judge distributes the property, it’s not guaranteed that each spouse will get an equal amount. In a community property state, the court will divide all marital assets on a 50-50 basis, unless there is some reason to deviate from this standard rule. In both equitable distribution states and community property states, you usually get to keep any property that you own separately. Separate property generally includes any assets you owned before the marriage and some types of property you may have acquired during the marriage, such as gifts and inheritances. If something is confirmed as “separate property,” it will remain exclusively yours and won’t be divided between you and your spouse during the divorce.

The Divorce Process In Bountiful, Utah.

A divorce starts with a divorce petition. The petition is written by one spouse (the petitioner) and served on the other spouse. The petition is then filed in a state court in the county where one of the spouses resides. It does not matter where the marriage occurred. The petition includes important information regarding the marriage. It names the husband, wife and any children and states if there is any separate property or community property, child custody, and child or spousal support.

Serving the Divorce Petition In Bountiful, Utah.

The petition (or the divorce papers) must be served on the other spouse. This phase of the process is called “service of process.” If both spouses agree to the divorce, the other spouse only needs to sign an acknowledgement of the receipt of service. However, if the other spouse refuses to sign or is difficult to locate, you can hire a professional process server to personally deliver the papers. Completing service of process starts the clock running on your state’s waiting period. It also sets automatic restraining orders on the spouses and helps establish the date of separation. At this point, the spouses are not permitted to take any children out of state, sell any property, borrow against property, or borrow or sell insurance held for the other spouse.

Divorce Petition Response

The other spouse is known as the “respondent.” Although it’s not required, the respondent can file a response to the petition saying he or she agrees. Filing a response shows both parties agree to the divorce. This makes it more likely the case will proceed without a court hearing, which could delay the process and cost more. Generally, if a response is not filed within 30 days, the petitioner can request that a default be entered by the court. The responding spouse can also use the response to disagree with information presented in the petition.

Final Steps of a Divorce

Both spouses are required to disclose information regarding their assets, liabilities, income and expenses. If the divorce is uncontested and the spouses can agree on the terms of the divorce, there is only a bit more paperwork to file. Once the court enters the judgment, the divorce is final. However, the marriage is not formally dissolved and the spouses cannot remarry until the end of the state’s waiting period. If there are disputes that cannot be resolved, court hearings and maybe even a trial will be required.

The Different Kinds of Divorce In Bountiful Utah.

There’s not just one way to divorce. The differences can be in the law, like fault or no-fault, or in the way you and your spouse approach it, like uncontested, contested, or default. No matter how you slice it, divorce is expensive and time-consuming. The most important variable is how well you and your spouse are able to put aside your anger and grief and cooperate on the big issues of money and children. The better you are at working together to make decisions for your changing family structure, the better for your bank account and for your chances of emerging from the divorce with a decent relationship with your ex.

Uncontested Divorce

The best choice, if you can make it happen, is an uncontested divorce. That’s one in which you and your spouse work together to agree on the terms of your divorce, and file court papers cooperatively to make the divorce happen. There will be no formal trial, and you probably won’t have to ever appear in court.

Default Divorce

The court will grant a divorce by “default” if you file for divorce and your spouse doesn’t respond. The divorce is granted even though your spouse doesn’t participate in the court proceedings at all. A default divorce might happen, for example, if your spouse has left for parts unknown and can’t be found.

Fault and No-Fault Divorce

In the old days, someone who wanted a divorce had to show that the other spouse was at fault for causing the marriage to break down. Now, every state offers the option of “no-fault” divorce. In a no-fault divorce, instead of proving that one spouse is to blame, you merely tell the court that you and your spouse have “irreconcilable differences” or have suffered an “irremediable breakdown” of your relationship.

Mediated Divorce

In divorce mediation, a neutral third party, called a mediator, sits down with you and your spouse to try to help you resolve all of the issues in your divorce. The mediator doesn’t make any decisions; that’s up to you and your spouse. Instead, the mediator helps you communicate with each other until you can come to an agreement.

Collaborative Divorce

Collaborative divorce involves working with lawyers, but in a different way from the usual expectation. You and your spouse each hire lawyers who are trained to work cooperatively and who agree to try to settle your case. Each of you has a lawyer who is on your side, but much of the work is done in cooperation. Each of you agrees to disclose all the information that’s necessary for fair negotiations, and to meet with each other and both lawyers to discuss settlement. You all agree that if your divorce doesn’t settle through the collaborative process, your original attorneys will withdraw and you’ll hire different attorneys to take your case to trial.

Divorce Arbitration

In arbitration, you and your spouse agree that you’ll hire a private judge, called an arbitrator, to make the same decisions that a judge could make, and that you will honor the arbitrator’s decisions as if a judge had made them.

Contested Divorce

If you and your spouse argue so much over property or child custody that you can’t come to an agreement, and instead take these issues to the judge to decide, you have what’s called a contested divorce. You’ll go through a process of exchanging information, settlement negotiations, hearings, and, if you can’t resolve the case after all that, a court trial. If this sounds like your situation, you’ll want to talk to a lawyer.

Divorce In Bountiful Utah

When you need to get divorced and you live in Bountiful Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

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ASL Lawyer

These Guidelines are designed to help judges, lawyers, and others involved in the Utah Judiciary • Understand the unique communication needs of Deaf people who use a sign language of another country (i.e., not American Sign Language [ASL]) or who are not able to communicate successfully in ASL and • Provide guidance for improving the odds of successfully accommodating those needs. These are Deaf persons who have little or no mastery of American Sign Language and for whom the traditional accommodation of providing the services of American Sign Language interpreters alone is insufficient for ensuring equal access to court and other judicial proceedings and services, or satisfying ADA requirements for accommodating disabilities.

Background on Two Classes of Deaf Persons Having Special Needs There are two classes of Deaf persons generally considered to need the kinds of special accommodations. The first consists of those who are immigrants, migrants, or refugees who have come to this country from abroad and are fluent in their native sign language (e.g., British, Polish, or Spanish Sign Language), but who have acquired little or no American Sign Language. Thus the use of an American Sign Language (ASL) interpreter is not a sufficient accommodation to secure satisfactory communication. The second class consists of Deaf persons who, due to numerous environmental factors combined with physiological deafness, can result in a juvenile or adult who has limited communication skills and has either limited or no facility communicating in ASL. These factors include: • Limited opportunities for acquisition of ASL. Some Deaf people do not interact with the signing community and this inhibits their exposure to and acquisition of ASL. • A bilingual home/school environment, e.g., deaf children born into Spanish-speaking homes who lip-read and hear Spanish until entering public school where they are exposed to lip-reading and hearing English accompanied by signs. • The presence of a secondary handicapping condition such as mental retardation, a learning disability, or mental illness. • A lack of natural language development during the crucial ages of 0-5 years, e.g., a deaf child born into a hearing family in which no one signs. • Limited or no formal education.

• Social isolation. Some Deaf people lead their lives isolated from both the hearing and Deaf worlds. They may lack the general social and cultural knowledge necessary for communication in any language. Deaf-Hearing Interpreter Team Required A team of interpreters should be formed which includes one or more of each of two kinds of certified interpreters. First, one or more certified interpreters of American Sign Language (ASL) is essential. These are persons who meet requirements established in Utah law and the Standards for Using Interpreters in Utah and who provide the link between what speakers say in English and the Deaf interpreter. Second, one or more Certified Deaf Interpreters (CDI) is required. The CDI is a Deaf person who holds a valid Certified Deaf Interpreter (CDI) certificate from the National Registry of Interpreters for the Deaf, Inc. and who brings to this challenging interpreting situation native ASL fluency, professional training as an interpreter, and a lifetime of personal experiences as a Deaf person. CDIs share with Deaf individuals the experience of sometimes having to mime and gesture their way through life with the non-signing public. This professional interpreter provides the link between the ASL interpreter and the Deaf party or witness who has limited or no ability to communicate in ASL.

Consecutive Mode Required

Working with a Deaf-Hearing interpreting team requires the strict use of the consecutive mode in all situations. This means the ASL interpreter begins interpreting into ASL only after the English speaker has completed an utterance. Once that interpretation is completed, the CDI then begins interpreting to the Deaf person using a variety of visual/gestural communication techniques. The process will be repeated in the reverse when the Deaf person is the source of the message to be interpreted. This means that simultaneous interpretation is not viable in this context.

Understanding Silent Communication

The process of communication in these situations will not always be as linear. Persons who communicate in ASL continuously exchange signed and non-verbal feedback in order to monitor the success of the communication. To the inexperienced observer, these exchanges could appear to be inconsistent with the unbiased role of the interpreter; however, they are in fact essential for successful communication in visual languages. The feedback exchanged between the ASL and Deaf interpreters occurs primarily to clarify a source message. For example, the ASL interpreter may ask the CDI for verification or clarification before rendering an interpretation into English. The feedback that occurs between the CDI and the Deaf party may include not only similar attempts to verify and clarify, but also a variety of strategies to convey the message and fully ascertain the response.

Tolerating Silent Communication

There will be periods of silence throughout this process. These periods of silent communication may make the court and the attorneys uncomfortable or frustrated. Judges and attorneys should understand and patient since this signing is related to communicating the question to the witness and ascertaining the witness’ response, nothing more and nothing less. Use of Alternate Forms of Communication The interpreters should be given wide latitude in using alternative forms of communication between themselves and the Deaf persons they are assisting who are not competent in ASL. The interpreters may need to use concrete objects such as paper and pencil for drawing, calendars, clocks, pictures, and dolls to supplement their gestures and signs. Additional space may be needed to allow the Deaf person to physically pantomime what happened. Guidelines for Asking Questions to Deaf Persons with Limited or No Ability to Communicate in ASL The normal process by which attorneys and judges ask questions in a court of law will not usually work successfully with either of these types of Deaf persons. The following suggestions are designed to help attorneys or judges adapt their styles of asking questions to have the best likelihood of succeeding in eliciting successful answers from these types of Deaf parties and witnesses: • Keep questions brief and as specific as possible. For example, the Deaf person may not recognize or use any of the conventional ASL signs for the word detective. However, when permitted to act out the story of his arrest, the CDI may gesture the officer flashing his badge out from under his shirt. • Avoid vague or abstract questions. • Avoid double negatives. • Present questions in sequential time order of the actual series of events in question. Switching back and forth between or among verb tenses can hamper communication. • When the Deaf party or witness is unable to answer any other form of a question, the court should consider allowing leading questions. • The court should be prepared for and permit the interpreters to request clarification from counsel periodically throughout questioning. The interpreters may need to know what the situation looked like visually in order to communicate the concept to the witness. This may necessitate sidebar discussions or can be part of the open court record at the discretion of the trial judge. • The court should be prepared for the hearing interpreter to use a variety of vocal intonations when rendering the witness’ response in English. These inflections will correspond precisely to the tone and affect of the witness’ signed response.

Instructions to the Jury When a Deaf Witness Who Has Limited or No Ability to Communicate in ASL Testifies

One characteristic of the communication style of these types of Deaf persons, i.e., nodding throughout any conversation, warrants special attention by the court. Judges should advise juries of the following: • When the Deaf witness nods, it is in no way an indication that he or she understands what is being communicated. It may merely indicate a willingness to continue the conversation. • Similarly, nodding is no way an indication that the Deaf person is answering “Yes” or “No.” • Ignore the nods and wait for the interpreters to render the complete response before drawing any inferences about what the witness said. How to Become a Legal Interpreter Legal interpreter translates spoken words from one language to another in legal settings, such as courtrooms and law offices. The work can be stressful, as interpreters need to keep pace with speakers, and their interpretations can have legal ramifications. Some interpreters have variable work hours, particularly those who are self-employed. Steps To Be a Legal Interpreter Step 1: Study a Foreign Language in High School Although it’s ideal to be raised multilingual, prospective legal interpreters can also develop the necessary language skills by learning at least one foreign language in high school, such as Chinese or Spanish. Consider learning a language that might be most in demand. Aspiring legal interpreters should also focus on English classes in high school, since their career relies on precision in this language as well. Step 2: Get a Bachelor’s Degree Many courts and other employers require that legal interpreters have a bachelor’s degree. Students don’t have to major in a foreign language, but it can be helpful. They can also benefit from choosing legal studies as a major or minor in order to learn the legal terminology required by the profession. Step 3: Receive Formal Training and Gain Experience Individuals interested in becoming legal interpreters can develop their skills through training programs and workshops offered through state courts and local or national interpreter associations. Some colleges also have training programs that teach legal interpreting skills. Most programs are certificate or associate degree programs, offering courses such as legal procedure and language, linguistics, and interpersonal communication. Some of these classes may be taken as part of or in conjunction with a bachelor’s degree program. Aspiring interpreters may also benefit from internships or volunteering to gain hands-on experience in their field. Step 4: Fulfill Court Requirements and Find Employment Most state courts mandate that legal interpreters pass a certification exam given by the court, a professional organization, or other agency. Many states recognize certification administered by the Consortium for Language Access in the Courts. Certification is also offered by the National Association of Judiciary Interpreters and Translators. Within the federal court system aspiring legal interpreters may find work as either certified interpreters, professionally qualified interpreters, or language skilled interpreters, depending on their professional credentials. Step 5: Seek Career Advancement Opportunities Experienced interpreters may consider pursuing supervisory positions or even starting their own firms. Individuals interested in becoming legal interpreters should have a bachelor’s degree in a foreign language, translation studies, or legal studies, and certification is typically required by the court system.

How Much Does an Interpreter Cost?

While translators work with the written word, interpreters focus on the spoken word. Professional speech interpreters frequently work in the business, healthcare, social work or judiciary fields, according to the Bureau of Labor Statistics. Available for contract work such as guiding international travelers, interpreters may also interpret at conferences, legal trials or corporate events. Phone and video interpreting services have increased in popularity with the advancing technology. Typical costs: • Interpreting may take place in person, over the phone or via video phone. • In-person interpreters typically cost $50-$145 per hour. For example, American Language Services offers interpreters starting at $100 per hour (or $125 for sign language) and a two-hour minimum is required. • Phone interpreters typically cost $1.25-$3 per minute. Language Translation, Inc. offers a flat fee of $1.88 per minute for phone interpreting, for example. • Video interpreters typically range from $1.75 to $7 per minute. For instance, LifeLinks offers video interpreting from $2.25 per minute for any language and $2.95 for sign language. A 15-minute minimum is common for phone or video interpreting. What should be included: • Interpreters may specialize in languages ranging from French to Mandarin, and agencies should offer a number of qualified interpreters representing the majority of world languages. Sign-language interpreters are specially trained to relay speech to the hearing impaired, typically in American Sign Language. In-person interpreters should be booked several days to weeks in advance, depending on the agency. • Interpreter qualifications vary by state. For instance, Utah requires court interpreters to have some form of certification, but not for medical interpretation, according to the Utah Association of Professional Interpreters. Conference Interpreters may be active members of the International Association of Conference Interpreters. • Phone or video interpreters working with large call centers are typically available 24 hours a day, 7 days a week. No advance reservations are needed for this service.

Additional costs: • Travel time is typically billed extra, as an hourly rate or a set fee. For instance, interpreters working with the Utah Courts cost an additional 45 cents per mile or $40 per hour for travel outside of their county. • A two-hour minimum is common for in-person interpreters, so clients must pay extra if less than two hours of services are required. • It is common for sign language interpreters to switch off every 15 or 20 minutes, according to the Utah Commission for the Deaf and Hard of Hearing, because of the mental stamina required to interpret for long periods. Therefore, if an event is scheduled for longer than two hours, a second interpreter may be required. • Unless otherwise stated, international phone calls may incur additional charges on top of the phone interpreter’s fees. Shopping for an interpreter: • Search the online directory at the American Translator’s Association for a list of interpreting service companies and individuals. • The Center for the Deaf and Hard of Hearing offers a list of tips for working with a sign-language interpreter, both before and during an event.

ASL Lawyer

When you need legal help from an ASL Lawyer, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

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Best 84070 DUI

Driving under the influence is a crime, but the idea of getting arrested for DUI for the very first time may not faze many people. After all, it’s a first-time offense, and the law is quite lenient on first-time offenders. While most states categorize first-time DUIs as a misdemeanor, the consequences, both short-term and long-term, remain serious. If ever you’re arrested for a DUI, you will need to fully understand not just the punishments that come with a DUI conviction, but it’s possible long-term impact on your life as well.

Here are the things that will happen when you’re arrested for DUI for the first time.

• You Will Be Booked: As with any other crime, you will be brought to the nearest police station or jail, where your mugshots and fingerprints will be taken. If you’re allowed to post bail, and someone pays for it, you can be released immediately.

• You’ll Be Ordered To Appear In Court: A ticket or a summons will be handed to you at the time of your arrest to inform you of the date you must show up in court for your DUI hearing.

• Your License Will Be Suspended: Depending on the state, your driver’s license will be suspended immediately after the arrest if you say no to a field sobriety test or a breathalyzer or blood test, or it will come as part of your sentence once you’re convicted of DUI.

• You Can Go To Jail: Some people believe that first-time DUI convicts are only given probation. The truth is, jail terms for first-time DUI offenders are now mandatory in an increasing number of states. As first-offense DUI is classified as a misdemeanor in all states, a conviction could mean up to six months in jail. The sentence, however, may be lengthened if there are aggravating circumstances. Typically, however, first-time DUI offenders serve shorter jail terms and spend the rest of the time on probation or performing community service.

• You Will Pay Fines: The fines that courts hand down for DUI convictions may vary from state to state. For a first-time DUI offender, you could be looking at fines of up to $1,800 depending on the state where the offense was committed.

• Your Car Insurance Rates Will Soar: Expect to see a sharp increase in your car insurance premiums once your provider learns of your DUI arrest and conviction. The hike could be a few hundred dollars, but it’s not unheard of for insurance rate hikes to reach thousands of dollars. Finding a car insurance company at an affordable rate is going to be tough if you have a DUI conviction haunting you.

• You Have To Undergo An Alcohol And Drug Education Program: A first-time DUI convict often gets ordered by the court to complete an alcohol and drug education program. Finishing this program is typically a prerequisite to getting one’s driver’s license reinstated. Under the program, you have to attend hours of drunk driving prevention classes and pay for them as well. Your drinking habits will also be assessed under this program, with a trained counselor performing the evaluation to determine if you are suffering from alcohol abuse disorder. Once the evaluation shows that you have an alcohol problem, the counselor may recommend a court-approved alcohol treatment program before your driving privileges are restored.

Does A DUI Conviction Mean You Have A Substance Abuse Problem?

The legal and financial consequences of getting arrested and convicted for a DUI are bad enough, but one thing first-time DUI convicts should think about is what it might be telling them about their own health and well-being. If you find yourself at the receiving end of a first-time DUI, it doesn’t necessarily mean that you have a substance abuse problem. It’s possible that you are just a light to moderate drinker who made a bad decision to drink and drive. Nevertheless, a DUI arrest and conviction is a serious sign that you need to contemplate your alcohol consumption. It would be great if you, like most drivers arrested for a first-time DUI, make adjustments to your behavior regarding drinking and driving. However, if you continue to drink and drive and become a repeat offender despite the negative consequences, then you are waving a big, red flag. While it’s not irrefutable proof of addiction, it’s a tell-tale sign that you may have an alcohol problem on your hands, and you will likely need professional help.

Get the Services of an Experienced DUI Attorney

Should you ever get arrested on suspicion of DUI, waste no time in hiring a skilled and experienced DUI lawyer to represent you. As a specialist in laws that covers driving under the influence offenses, a DUI lawyer is the best-equipped person to help you get the best possible result for your first-time DUI case.

What Happens When A Person Gets A DUI Or DWI?

Once a person is pulled over, and their blood alcohol concentration is analyzed, the officer will determine if they will remain in custody. Arrested individuals with a BAC of .08 or higher are typically held in jail. The terminology for drunk driving may vary per state, but some of the most common include: • DUI: driving under the influence • DWI: driving while intoxicated • OWI: operating while intoxicated

Once released, the person will likely receive a court date where they will then be sentenced. Sentencing requirements for a DUI or DWI vary on a state-by-state basis; however, minimal penalties often require fines and a revoked license. As part of sentencing for a DUI or DWI, a person may be required to enroll in a court-ordered alcohol addiction treatment program. Mandated treatment means that a person must enroll in treatment as part of their sentencing requirements. If they don’t, they could face legal repercussions. In order to determine the scope and necessity of court-ordered treatment, a person is evaluated to determine if there: • is a risk for impaired driving in the future. • is a risk of crash involvement in the future. • are any issues or circumstances that intervention and treatment should focus on. Evaluating a person’s risk for continued alcohol abuse and their need for treatment generally takes place in two parts. First, just before or after a referral for treatment is made, a person will likely be screened so that the courts can determine what treatment should be required. Once a person is about to enter treatment, or just after they arrive, a more in-depth evaluation, or assessment occurs. This clinical assessment determines how severe a person’s drinking problem is, what treatments could be used to treat it and how long treatment should be.

Treatment For A DUI

The specifics of court-mandated treatment may differ per person and be dependent on the exact circumstances surrounding their arrest. First-time offenders may have a lighter sentence compared to repeat offenders who have had a previous DUI or DWI. While it isn’t necessary to hire a lawyer, legal representation could help a person during the sentencing process. Every DUI offender comes from a different walk of life, potentially experiencing varying levels of alcohol abuse. Sentencing and treatment referral may take into account other factors that could influence the odds of a person experiencing an alcohol-related traffic problem in the future. An example could include a comorbid condition, such as a co-occurring mental health disorder. From this, the court will determine the duration, frequency and intensity of treatment required for each offender. Treatment may be brief and encompass only one or two sessions, take place in an outpatient program and last several weeks or months or include inpatient treatment followed by aftercare. Treatment is often held in a basic alcohol addiction treatment program located in a person’s community, however, options out of town may be available. Additional court-ordered interventions could include: • Alcoholics Anonymous (AA) • educational programs • supervised probation • victim impact panels While it can be vastly beneficial for a person to choose getting help on their own, research has shown that involuntary treatment, such as court-ordered rehab, can be effective. According to the National Institute on Drug Abuse, this treatment could increase: • treatment entry • retention rates • a person’s measure of recovery success Once a sentence is issued and treatment is required, many people may be quick to enter treatment just to get it over with. Though this is understandable, looking at treatment as an opportunity to regain a healthier and more balanced life, in addition to learning sober living skills, can help a person get more out of their program. Because of this, and if the court permits, it can be helpful to research treatment options, prior to selecting a treatment program.

Finding Treatment For A DUI

While it could be tempting to enroll in rehab only for the minimum amount of treatment required, or in a program offered nearby, better options could exist. Court-ordered treatment can be an excellent opportunity for a person to pursue treatment for longer or in a more specialized setting. If it fulfills the sentencing requirements, choosing an out-of-town addiction treatment program could give a person a better chance of successfully recovering from an alcohol use disorder.

How Long Does A Typical DUI Case Last?

The DMV hearing is typically scheduled about four to six weeks after the request, and the person is usually either cited in or bailed out for about three or four weeks after the arrest. On a misdemeanor DUI in Utah, the person charged with a DUI will not have to appear in court. Their attorney will make all their court appearances for them so that they don’t miss work, school or time with their family. The first court appearance is for filing the complaints and arraignments; if the district attorney’s office is ready to file the complaint, they will do so that day. Often they need more time to file the complaint. This happens when the blood test results haven’t yet been received from the lab. At that first appearance, the DA might announce to the judge that they need more time to gather information before they will be ready to file a complaint. If they are ready to file the complaint that day, then when the attorney appears in court, the DA will give them a copy of the criminal complaint as well as the police report and the test results. The attorney typically enters a plea of not guilty on behalf of his or her clients. He or she then asks the judge to set the case for a settlement conference in a few weeks. After the attorney has the police reports and a copy of the complaint, they can order additional discovery or evidence that might be needed for the case. Those might include recordings or photographs that were taken during the DUI arrest. The CHP typically records almost all of their traffic stops with a dashboard camera. That gives us an opportunity to order a copy of the video. We can also get copies of any photographs that were taken, any other audio or video recordings that were made, and copies of the calibration and maintenance records of any Breathalyzer machines that were used. If there was a blood test, we would also be able to have that blood retested by an independent laboratory.

DUI Process

The first thing an attorney should do once they are retained is request the DMV hearing so that they can try to save the person’s driver’s license from the administrative suspension. The attorney should also start gathering information from the client as quickly as possible while their memory of the event was still fresh. They will want to know everything about the DUI stop and everything about the client’s history and their particular situation that might be relevant to the DUI stop. Again, it’s important to get all this information as soon as possible.

Consequences Of A DUI

The person could face a fine. They will face DUI school for a first offense. That can be six weeks, three months or even nine months. They also face a suspension of their driver’s license for anywhere from six months to a year, depending on whether or not they refused the chemical test. A person convicted of a first time DUI can be sentenced to anywhere from two days to six months in the county jail. A typical sentence for a first-time DUI would be somewhere in the neighborhood of 2 to 30 days, depending on the circumstances. In most cases, however, the jail sentence would be served on a jail alternative program known as work release. This is where the person works one eight-hour day for the county in exchange for a day of jail. They can do this on weekends or their day off. In addition, they will be on informal court probation for three years. During that time, if they violate any law or drive when they are not licensed or insured, or if they drive with any measurable amount of alcohol in their system, they can be brought back before the court and charged with a new crime as well as violation of their court probation.

Factors Which Make the DUI Case More Difficult

Getting into an accident makes it worse in terms of the ultimate punishment, even if nobody is hurt, including the driver. The DA and the judge will treat that more severely. Other things that can make the case worse are if a person refuses the chemical test. Punishment will be harsher if the person has a high blood alcohol level. In Utah, there is an enhancement if the person’s blood alcohol level is above a 0.15. There is another enhancement if the blood alcohol level is above a 0.20. And if the blood alcohol level is above 0.20, the judge and the DMV will require a person to complete the longer term of nine months of DUI school. Excessive speeding during a DUI enhances the sentence and makes things worse. It can even be made worse if the DUI occurred in a safety or construction zone. There could be an enhancement for drinking and driving with a minor under the age of 14 in the car. In that case, a person will likely be charged with a misdemeanor or felony child endangerment. That charge carries additional penalties, punishments and probation far beyond what the DUI could impose. Someone who was under 21 can also face additional penalties, because they would lose their license for a year. And, obviously, if anyone was injured, the penalties would be more severe.

Common Mistakes By Clients

The biggest mistake people make is giving the officer too much information. It can be very difficult to negate those tests if a person said too much about how much they had to drink or when they were drinking. Having a bad attitude with the officer can make the report look even worse. Doing very poorly on the field sobriety tests would obviously also be bad.

How Do Past DUI Convictions Work?

The attorney needs to know if you have ever been arrested or convicted of a DUI before. In Utah, it is considered a second DUI if you are arrested and charged within 10 years of your last DUI. DAs typically can see a previous DUI on someone’s record, even if was more than 10 years earlier, but in that case, you would not be charged with a second DUI. Still, they will make the punishment more severe because, even if the first DUI was more than 10 years ago, the current one is not truly a first offense.

DUI Lawyer

When you need legal help with a DUI charge in Utah, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

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Utah Code 57-1-4

Utah Real Estate Code 57-1-4: Attempted Conveyance Of More Than Grantor Owns — Effect.

A conveyance made by an owner of an estate for life or years, purporting to convey a greater estate than he could lawfully transfer, does not work a forfeiture of his estate, but passes to the grantee all the estate which the grantor could lawfully transfer. In legal terms, conveyance refers to transferring the title of real property from one person to another. A conveyance occurs when the owner of real estate transfers the ownership of that property to another party. This could be a home, or some other property such as commercial real estate. A conveyance can occur in full, or the owner may choose to transfer only a portion of the ownership interest.

Conveyances may occur in many different ways, including but not limited to: • Through a sale of the land or property; • Through transfer as a gift; or • By inheritance, such as through succession laws. In general, statute of frauds laws require that any type of real estate sale is to be recorded in a written contract. Thus, a conveyance of title to real estate must be in writing if it involves a sale. This is to help avoid any disputes or breaches of contract in the future, as well as to establish the legal owner of the property for other purposes, such as taxes. The owner of the property, or the “grantor,” must utilize words of conveyance in order to transfer an interest in property to the person receiving the property, or the “grantee.” Words of conveyance show the intent to transfer the title of a parcel of real property and are typically required by law, although the exact words required may vary by jurisdiction. Transfer of the actual, physical deed does not need to happen, so long as the person clearly expresses their intention to make the conveyance. The deed itself must be written, signed, dated, and should contain a description of the land being transferred. Additionally, in order for a valid conveyance to occur, there should be no title defects, such as an improperly recorded title. In general, there are four main types of real property conveyances. Variations do occur within the four main types of conveyances. However, courts will not typically recognize the transfer if the language of the conveyance does not fit within one of the four main categories. • Fee Tail: Fee tails are intended to preserve the estate in the bloodline of the person receiving the property. Thus, only the children of a fee tail holder will benefit from the fee tail. Once the holder of a fee tail dies without leaving behind any children, both the bloodline and the fee tail end, and the property returns to the original grantor. Fee tails are a type of conveyance that transfers an interest in real property to another, but restricts any further sale or transfer of the property. Fee tails are also referred to as restraint on alienation, and are abolished in nearly every state.

• Fee Simple Absolute: A fee simple absolute is a conveyance of real property that gives absolute ownership in the property. The holder of a fee simple has both the present and future interest in the property. The duration is indefinite, and the interest is not subject to any specific conditions. At any time, the holder may sell all or part of the property, or distribute the property at their death through a will. These rights are commonly thought of as simply ownership of the real property, and is the most broad category of property interest; • Life Estate: Life estate refers to an interest in property that is measured by the duration of someone’s life, typically the person who is to receive the property. Once the life tenant dies, the property is transferred to the person who holds future interest. A life tenant is generally entitled to all uses and profits from the property; however, the life tenant does not maintain any rights to transfer the property when they die. As such, they do not have the right to commit waste (acting in any way that would cause the property to lose value, neglecting the premises, etc); and • Fee Simple Defeasible: A fee simple defeasible conveyance may have certain conditions or limitations placed on the transfer of property. If these conditions are violated, or are not met, the property either goes back to the original grantor, or a specified third party. There are three different types of fee simple defeasible:  Fee Simple Determinable: The interest in the property is automatically ended when a condition is violated or unmet;  Fee Simple Subject to Condition Subsequent: Transfer where the violation of the condition would give the original owner of the property the option to take back the property; and  Fee Simple Subject to Executory Limitation: This conveyance confers a future property interest to a third party, not the original owner. Conveyances of property may be disputed. Disputes over real property and the conveyance of real property occur frequently, especially when the grantor fails to provide clear and legal words of conveyance. Some examples of common conveyance disputes include:  Attempts to convey property that the grantor does not actually, legally own;  Will or trust disputes;  Issues with defective or improperly recorded titles, as previously mentioned; or  Conveyances based on fraud or deceit. If a conveyance, or failure to convey, results in a measurable loss, legal action may be taken. Examples of remedies include damages awards and court injunction, such as an order that requires the defendant to transfer the title to the property’s buyer.

Things To Know About Conveyance Deed And Why It Is Important

In the wake of the rising number of instances of fraud and bogus selling of properties, it’s the conveyance deed or the sale deed that gives legal protection to the ownership of your property. By understanding the basics of a conveyance deed, you can guard yourself against getting duped.  There is a little difference between the sale deed and the conveyance deed. All sale deeds are conveyance deeds but not vice-versa. Gift, mortgage, exchange and lease deeds are also types of conveyance deed.  Governed under the Registration Act, a conveyance deed is an important document for a buyer as well as the seller because a purchase is not legally complete until it is signed by both the parties.  A conveyance deed is made on a non-judicial stamp paper keeping the agreement to sell as the blueprint.

 The document has all the details needed to carry out for the transfer of the property title. This includes the full names of the buyer and the seller, their addresses, etc. The actual demarcation of the property in question, chain of the title of the owners, and the method of the delivery of the property are also stated.  In the deed, the seller is also required to certify that the property is free from any legal encumbrance.  If some loan is taken against the property, the mortgage should be cleared before proceeding, if it’s a sale deed. It’s always better to personally check with the local sub-registrar’s office.  In case of sale deed, it would also mention the money received towards the sale transaction.  The document would also state the exact date on which the property would be physically handed over to the new owner.  Within a period of four months of the execution of the deed, all the original documents related to the sale of the property should be produced before the registrar for registration.  The conveyance deed is also required to be signed by at least two witnesses with all their details included.  After the conveyance deed is signed, it has to be registered at the local sub-registrar’s office by paying the registration fee. Although states vary in indicators of fraud which are recognized the following factors, among others, may be used to infer fraudulent conveyance:  An inadequate or fictitious consideration or a false recital as to consideration;  The fact that property is transferred by a debtor in anticipation of or during a pending suit;  Transactions which are not in the usual course or method of doing business;  The giving of an absolute conveyance which is intended only as security;  The failure to record the conveyance or an unusual delay in recording the payment;  Secrecy and haste are ordinarily regarded as badges of fraud but are not in themselves conclusive of fraud;  Insolvency or substantial indebtedness of the grantor;  The transfer of all the Debtor’s property, especially when she is insolvent or greatly financially embarrassed;  An excessive effort to clothe a transition with the appearance of fairness;  The failure of parties charged with fraudulent conveyance to produce available evidence or to testify with sufficient preciseness as to the pertinent details, at least in cases where the circumstances under which the fraud, transfer took place are suspicious;  The unexplained retention of possession of property transferred by Grantor after conveyance;  The buyer’s employment of the seller to manage the business as before, selling the goods which were the subject of the transfer;  The failure to examine or to take an inventory of the goods bought or the presence of looseness or incorrectness in determining the value of property;  The reservations of a trust for the benefit of the grantor and the property conveyed;  The existence of a blood or other close relationship between the parties to the transfer. Conveyance Deed mean One should first understand the meaning of ‘Deed’. It is a written document that is sealed and signed by all parties involved in property transaction (buyer and seller). It is a contractual document that includes legally valid terms, and is enforceable in a court of law. It is mandatory that a deed should be in writing. When each party agrees and all the liabilities has been fulfilled as per the agreement of sale of any property, a final document is signed by the seller in favor of the purchaser. This documents that all rights of seller over a property henceforth has been transferred to the purchaser. This is the deed of conveyance. “Conveyance Deed records the transfer of interest in immovable property. The conveyance in the immovable property may take place by way of sale deed, gift deed, exchange deed etc,” What is the difference between sales and Conveyance Deed? It has also been observed that buyers are usually confused about the two terminologies sales deed and Conveyance Deed. Sale Deed A Sale Deed acts as the main legal document for evidencing sale and transfer of ownership of property in favors of the buyer, from the seller. Further, it also acts as the main document for further sale by the buyer as it establishes his proof of ownership of the property. The Sale Deed is executed subsequent to the execution of the sale agreement, and after compliance of various terms and conditions detailed in the sale agreement as agreed upon between the buyer and the seller. The Sale Deed is the main document by which a seller transfers his right on the property to the purchaser, who then acquires absolute ownership of the property. “Conveyance and Sale Deed essentially have no difference as in both the documents, the right, interest and title of the previous owner is transferred to the purchaser. Conveyance Deed includes Sale Deed i.e. Sale Deed is one of the mode of conveyance i.e. transfer of interest. All deeds transferring the property-rights are Conveyance Deeds. Sale Deed is one of them,” But what is to be taken into the account that all Sale Deeds are deeds of conveyance but all Conveyance Deeds are not sale deeds. So, Conveyance Deed is a broader concept including the Sale Deed in it. On signing a Conveyance Deed, the original owner transfers all legal rights on the property to the buyer, against a certain consideration which is usually money. However, this consideration is non-significant in the case of Gift Deeds, as they are based on familial bonds.

Conveyance Deed is required to contain the following:  Complete identification and demarcation of the boundaries of the property  Information of all the parties who are involved, such as name, age addresses and signature of both the parties involved – buyer and seller  Mention of any other rights (if applicable) annexed to the property and its use  The chain of title, that is, all legal rights to the present seller  The method of delivery of the given property to the buyer  The sale agreement, which is the main requirement of the drafting of the valid sale deed and both the parties, must mutually settle the terms and conditions of the agreement. A sale deed always precedes agreement to sell  The sale consideration clause, which is the memo of the consideration, stating how it has been received  Any other terms and conditions that are applicable as far as the transfer of ownership rights are concerned The Conveyance Deed procedure The Conveyance (or sale) Deed is required to be executed on non-judicial stamp paper. Once that is done it needs to be registered by presenting it at the Registrar’s office, and remittance of the registration fee. After the registration is done, the transfer of the property moves into the public domain. Stamp Duty and Registration Fees is obtained by the government as revenue. When this happens, the process of Conveyance Deed is officially over. If the builder is not alive, it can be done by the legal heirs/representative of the builder. You need to draft a Conveyance Deed and apply before registration. Engage any local counsel who is dealing in these matters. Should I Hire an Attorney for Help with Conveyance Issues? A skilled and knowledgeable estate attorney may prove to be an invaluable asset when conveying property to another person. An experienced estate attorney will be knowledgeable about your state’s specific property laws, and will be able to assist you in drafting any necessary real estate contracts. Additionally, they will be able to represent you in court, should any disputes arise.

Real Estate Attorney

When you need real estate legal help, call the Real Estate Attorneys at Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

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Divorce West Valley

Divorce, or dissolution of marriage, is the legal process of severing a marriage contract, which is overseen by a court of law in the state in which one or both of the divorcing spouses live. The process for getting a divorce and acceptable grounds for divorce varies from state to state. In West Valley, Utah, a divorce can be completed on average in a minimum of 180 days, with court fees of $310.00. The state has divorce residency requirements that require the spouse filing for the divorce to have lived in West Valley, Utah, for a minimum of three months. In Utah a couple seeking a divorce can choose either no-fault grounds or can choose the option of filing on traditional fault grounds.

Grounds for divorce include:  Adultery  cruelty/violence toward the other spouse  desertion  drug/alcohol addiction  impotency One of the parties seeking a divorce must have resided in the State for a period of 3 months prior to filing. The parties must have also been separated for 3 months before a divorce will be granted. The divorce may be filed in the either county in which the parties reside. Requirements To File For A West Valley,Utah Divorce  Utah allows you to divorce based on irreconcilable differences.  You or your spouse must have resided in the state of Utah for at least three months prior to filing for divorce.  If you are parents of a minor child, you or your spouse must have resided in Utah for at least 6 months prior to filing, although the courts may make exceptions in certain circumstances.  You may need to attend a Divorce Education class if you are parents of minor children.

How To Initiate A Divorce Proceeding

There are primarily two types of divorce in Utah: contested and uncontested. If you and your spouse can agree on all of the issues in the divorce including the disposition of assets and liabilities, child custody, and spousal support, you qualify for the uncontested divorce process. This is a faster process because you typically do not need to appear in court unless you have children; if you have children, you will need to attend a short hearing regarding custody, support, and visitation. You will need to file a Verified Complaint for Divorce with the clerk of your local county court to start this process. Utah even has an online filing system that may allow you speed up the initial filing procedure. If you and your spouse are unable to come to an agreement on issues related to the divorce, you will follow a similar filing procedure. However, you and your spouse will have to attend a hearing shortly thereafter to help identify what issues remain unresolved. The judge will then schedule a jury or bench trial, at which you and your spouse may argue your claims. Utah Legal Notice Process Divorce is a legal action that one spouse takes against the other, and that requires proper notification of the other party. You must provide copies of the following documents to your spouse within 120 days of filing the original complaint:  Copy of Verified Complaint for Divorce  Copy of Court Summons  Copy of Temporary Injunctions The following methods of service are available in Utah:  By mail—you may send your papers to your spouse via the U.S. Postal Service using registered or certified mail, or any commercial courier service that uses return receipts to confirm delivery. Your spouse must sign for the documents.  Personal service—you may deliver the divorce papers using a private process server, local sheriff or anyone over 18 who is not a party to the legal action. Utah courts will not proceed with the divorce without proof of service, which may take the form of a receipt or an affidavit signed by the process server. Once your spouse has been properly served, they will have 21 days to respond to the petition if they reside in the state of Utah, or 30 days if they reside in another state. If they fail to file an Answer with the court within this time period, they may lose the right to be heard by the court. Default If your spouse, as the respondent in the legal action, does not answer the complaint within the allotted time period, the judge will likely assume that they do not wish to participate. At that point, the court will grant most or all of the terms in the Complaint for Divorce without waiting to hear from the respondent. Uncontested If your spouse does not dispute any of the allegations found in the Complaint for Divorce and a divorce settlement has already been formalized and signed by both parties, there may be no need to serve process (as your spouse is already a party to the action). If you and your spouse have come to an understanding but have yet to sign a formal agreement, then your spouse should produce an Answer in which they agree to the terms of the Complaint. This removes the need for a trial and allows parties to proceed to the issuance of the final decree for divorce. Contested If your spouse files an Answer that refutes details in the complaint or makes a counterclaim, then the judge will order you and your spouse to trial. Before the trial, you and your spouse’s attorney may use the discovery procedure for evidence requests, witness interviews, and negotiations with the other party. This may be a lengthy, involved process that takes a hefty toll on you personally and financially. Contested Utah Divorce (High Cost)

If you and your spouse are unable to reach an agreement on the issues in the divorce like those involving property allocation, alimony or child support, you will probably have to endure a long and costly legal process that will involve a trial. Because your spouse will probably hire an attorney to represent and protect their interests, it is strongly advised that you do likewise.  Attorneys are experts in the law and have knowledge that will make the entire divorce proceed more smoothly. Their prior knowledge of court procedures will also lower the risk of making a misstep that could jeopardize the outcome of the case.  Although an attorney may make certain legal deadlines are met, there is no guarantee that their involvement will shorten the amount of time to complete the divorce. They could engage in a protracted process of discovery to investigate claims made by you and your spouse or enter into negotiations with your spouse’s legal team that could drag on for weeks or months.  If you have a lot of property to divide, or complicated issues to resolve, an attorney may provide the best ways to proceed.  Because most divorce lawyers charge hourly in a contested divorce you may expect to pay quite a lot if you and your spouse cannot come to an agreement. Uncontested Utah Divorce (Low Cost) In Utah, if you and your spouse agree on certain issues, you may proceed through the uncontested divorce process.  You and your spouse must agree on property division and the division of debt to use this expedited process.  Neither you nor your spouse may petition for child support, child custody or spousal support to qualify for this expedited process.  There is no need for a trial, but the judge may order you to appear at a hearing if there are child custody issues.  There may be no need for legal representation, and, in many cases, you can complete the entire process on your own, saving yourself time and money.  You may be able to complete an uncontested divorce in as little as 90 days. Self-Representation (Lowest Cost) The simplest and most cost-effective way to get a divorce in Utah is for you and your spouse to be in full agreement about major issues like property distribution and you represent yourself. That is why it is in your best interests to come to an agreement with your spouse before you start the divorce procedure. You will save a lot of money and trouble by completing the paperwork yourself. Mediation (Medium Cost) Utah courts will often order couples seeking a divorce to use mediation services even if neither party requests it. Mediators are conflict resolution experts who help couples come to an agreement on unresolved issues. Mediation is not legally binding, but it may make the divorce process easier, shorter or even unnecessary. Divorce Trial (Highest Cost) If you and your spouse cannot agree on major issues, the judge will order a bench or jury trial that will require you and your spouse to present evidence or testimony supporting your respective positions. In most trials, it is the attorneys with prior trial experience that do most of the arguing and present evidence. In addition to the legal fees paid to the attorneys, there are usually many court costs involved in a trial. Property Distribution One of the most divisive issues of any divorce involves how property is distributed to the parties involved. Utah courts use the principle of equitable distribution, i.e. assets should be allocated fairly, to divide marital property. This does not necessarily mean a 50/50 split and fairness is governed by many factors including:  duration of the marriage  the age and health of each spouse  occupations and future income  the standard of living during the marriage  tax consequences of the distribution  custody of the children These factors may be ignored regarding property that was owned prior to the marriage or assets under the purview of a prenuptial agreement. Child Custody Utah confers upon a parent two types of custody: physical or legal. Physical custody governs the residence of the child, while legal custody grants the right make important decisions regarding the child’s wellbeing. Utah determines these custody decisions based on the best interests of the child. Utah courts prefer to award the parent with physical custody also with primary legal custody, but encourage contact with both parents. The court will take into consideration the following criteria before making a determination: • the parents’ behavior and morality • which parent will more likely act in the child’s best interest; • which parent will more likely allow the child interactions with the other parent; • the type of relationship between a parent and child. Spousal Support Alimony or spousal maintenance may be ordered if the dependent spouse is unable to maintain the current standard of living. In most cases, alimony is only temporary and will be terminated after a determined period of time. The court will consider the following when awarding alimony: • Both spouse’s age and health • Length of marriage • the standard of living at the time of separation • the dependent earner’s contribution to the increased earning power of the other spouse • past services as a parent or homemaker • both spouse’s future income and assets • needs of any minor children • any fault by a spouse including adultery, domestic violence or financial malfeasance Finalizing Your Utah Divorce If you and your spouse engage in an uncontested divorce, then you will probably not need to attend a court hearing before the judge issues the final divorce decree. If you are engaged in an uncontested divorce and have minor children, you must complete a Divorce Education class before the judge will issue the final decree. If you and your spouse disagree on key issues, the judge may schedule a trial before a jury or a judge. After the judgment is issued, you should receive your final decree of divorce. How to Revise Your Estate Plan After Divorce Planning an estate in the aftermath of a divorce involves learning a different type of arithmetic. Without a spouse to anchor an estate plan, the executors, trustees, guardians or agents under a power of attorney and health care proxies will have to be selected from a more diverse pool of people that are connected to you. Beneficiary forms tied to an IRA, 401(k), 403(b) and life insurance must be updated to reflect the dissolution of the marriage. Paperwork marks the end of one life and the beginning of another. Estate provisions are usually included in agreements that are created during the separation and divorce. These provisions may call for the removal of both spouses from each other’s estate planning documents and retirement accounts. Trusts made during the marriage are governed differently. Revocable trusts can be revoked and the assets held by those trusts can be part of the divorce. Irrevocable trusts involving marital property are less likely to be broken up. In fact, following the death of the grantor, distributions may be made to an ex-spouse as directed by the irrevocable trust. A major part of post-divorce estate planning is changing beneficiaries. Request change of beneficiary forms for all retirement accounts – IRA, 401(k), 403(b) – and life insurance policies. Without a stipulation in the divorce decree terminating their interest, an ex-spouse still listed as beneficiary of an IRA or life insurance policy could lead to problems upon your death. Divorce pushes children into positions of responsibility at an earlier age. Adult children in their 20s or early 30s take the place of the ex-spouse as fiduciaries and health care proxies. This includes agents under powers of attorney, executors and trustees. For divorcing parents with minor children, selecting guardians under a will to care for the children should both parents pass away may involve more delicate negotiations between the parties to achieve a consensus. Trusts are often the preferred estate planning vehicle for divorced partners. Their assets pass outside of probate, which can be helpful in situations where the divorce’s impact was felt by the children and led to internal strife. Trusts are also useful when a divorced partner is contemplating remarriage, but wants to protect the estate legacy left to children from the first marriage. Once the whirlwind of emotions surrounding a divorce begins to subside, a few clear-headed estate planning tasks will mark a new chapter in a family’s history. Hiring a Lawyer If you have an uncontested divorce with no children or property to divide, and no spousal support claim, you do not need a divorce lawyer. Where there are any issues that require a negotiated settlement, it is mandatory to have independent legal advice in order for any agreement to be enforceable. In many cases you can reach an agreement without a lawyer, perhaps with the assistance of a trained mediator (who may be a lawyer). You have the right to represent yourself. However, given the importance of the underlying issues, most people prefer to have a lawyer represent them in negotiation, mediation, and any arbitration or court proceedings.

Utah Divorce Lawyer

When you need a Divorce in West Valley Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

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Utah Criminal Code 76-5-102.8

Utah Criminal Code 76-5-102.8: Disarming a Peace Officer–Penalties

1. As used in this section: a. “Conductive energy device” means a weapon that uses electrical current to disrupt voluntary control of muscles. b. “Firearm” has the same meaning as in Section 76-10-501. 2. An actor is guilty of an offense under Subsection (3) who intentionally takes or removes, or attempts to take or remove a firearm or a conductive energy device from the person or immediate presence of a person the actor knows is a peace officer: a. without the consent of the peace officer;  and b. while the peace officer is acting within the scope of his authority as a peace officer. 3. Conduct under Subsection (2) regarding a firearm is a first degree felony. Conduct under Subsection (2) regarding a conductive energy device is a third degree felony.

Disarming A Peace Officer

Disarming a peace officer is a relatively simple criminal offense. At trial the an attorney must show five separate elements: • The victim was a peace officer; • The victim was acting in an official capacity; • The defendant disarmed the victim by taking a dangerous weapon from him; • The victim did not consent to the taking of the dangerous weapon; and • The defendant intentionally committed the acts. Peace officer “means any person vested by law to maintain public order or to make arrests for crime, whether that duty extends to all crimes or is limited to specific crimes. ‘Peace officer’ includes a commission warden and a university police officer…” A peace officer acts in an “official capacity” when that officer performed acts that they are employed to perform. In the midst of a scuffle with law enforcement, whether done intentionally or unintentionally, an individual can be charged with attempting to disarm. The alleged attempt of disarming can involve the gun of a police officer or his baton, pepper spray, handcuffs or any other list of items that constitute a weapon. As you now unfortunately know, a charge for disarming a police officer enters into a very murky area when it comes to your liberty although this offense is less than cut-and-dry in many cases. A skilled criminal attorney can frequently take advantage of the facts and law in these cases and avoid jail, etc.

How Serious Is A Disarming Law Enforcement Charge?

Disarming a Law Enforcement Corrections Officer is a second degree crime and can result in up to 10 years in prison. However, this charge can be enhanced to a first degree crime that carries as much as twenty years in prison and a $200,000 fine under certain circumstances that are discussed later.

When Does Someone Attempt To Disarm A Peace Officer?

There are three elements that must be present in order for a guilty verdict to be rendered. Specifically, they include: • That the defendant knowingly took or attempted to exercise unlawful control over a firearm or other weapon in the possession of a law enforcement or corrections officer; • While that officer is acting in the performance of his duties; and • That officer is either in uniform or exhibits evidence of his authority. The third element of this offense tends to be the trickiest for the State to prove in their case-in-chief. Primarily because undercover officers may be disarmed in the heat of an operation but never exhibit any authority or evidence of their power as a law enforcement officer. Developing these proofs in your case can be the difference between a conviction and exoneration.

Enhancement to First Degree Disarming of a Peace Officer

As mentioned above, the majority of charges for disarming a peace officer are in the second degree. However, under certain circumstances these charges will enhance to a crime of the first degree. Specifically, this will happen if, in addition to disarming the cop: • The defendant fires or discharges the firearm; • The defendant uses or threatens to use the firearm or weapon against the officer or any other person; or • The officer or another person suffers serious bodily injury. Most likely if someone is convicted of disarming a peace officer in the first degree, as previously stated, they are exposed to twenty years of incarceration. In addition, there is a presumption that they will go to jail which means that imprisonment is a virtual certainty if convicted. The No Early Release Act (“NERA”) applies to disarming convictions so that a defendant has to serve 85% of the jail/prison sentence imposed before eligible for parole. The presumption of incarceration and NERA also apply to second degree disarming. A person charged under the statute can be subjected to a first-degree or second-degree offense, depending on the extent of the encounter. It is a second-degree offense for a suspect to attempt to disarm or to actually disarm a peace officer. Where the disarming progresses to the point that the gun or firearm discharges and/or is fired, the gun is pointed or used against the officer, or a person suffers serious bodily injury, the charge is a first-degree offense. In either case, we are talking about a serious criminal indictment which carries a presumption of incarceration. It is therefore crucially important for an individual to hire a knowledgeable attorney to defend him given the exposure associated with a conviction. In order to prove a second-degree indictment or charge for disarming in Utah, the prosecutor must establish: • that the suspect knowingly took or attempted to take control of a firearm or weapon; • the weapon or firearm was possessed by a member of law enforcement; • the law enforcement officer was acting in the performance of his duties; and • the law enforcement officer was in uniform or exhibited evidence of his authority. • An additional element must be established by the state where an individual is charged with a first-degree offense—that the firearm went off, the firearm or weapon was used to threaten the peace officer, or someone suffered serious bodily injury. The first element is established when there is an interference with the officer’s possession or control of the weapon. Any individual who knowingly attempts to take control or actually exercises unlawful control over any weapon or firearm possessed by a peace or corrections officer acting within the performance of their duties is committing a Second Degree Offense. The crime shall be considered a First Degree Offense if:  The individual actual discharges or fires the firearm  The individual threatens to use or uses the weapon or firearm against any other person, including the police officer; or  Any other person involved, including the police officer, suffers serious bodily injury If the accused attempted to disarm or actually disarmed a police officer, they are facing charges for a Second Degree Criminal Offense. If and when the act of disarming progresses and the officer or another individual is harmed and/or the gun is fired or used against the officer, the defendant faces charges for a Second Degree Offense. Regardless of the charge, disarming a law enforcement officer is a serious criminal indictment and often carries the penalty of incarceration. It is critical to your case to hire a knowledgeable attorney for the best defense possible. To prove a Second Degree indictment for a disarming charge in New Jersey, the prosecutor must establish all of the following:  The individual knowingly attempted to take or actually took control of the a weapon  That weapon was in the possession of a member of law enforcement  The law enforcement officer was acting within reasonable performance of their duties  The law enforcement officer in question was in uniform or exhibited evidence of their authority Furthermore, to prove the elevated charge of a First Degree Offense for disarming an officer of the law, the prosecutor must additionally prove the firearm went off, the weapon was used as a threat against the peace officer, or someone suffered serious bodily injury as a result of the disarmament. A weapon refers to any object capable of inflicting serious bodily injury or lethal use. If the individual accused of disarmament has acted lawfully, such as in justified self-defense or a superior law enforcement officer, there is no guilt of disarming an officer. Serious bodily injury refers to bodily injury that causes serious, permanent disfigurement, protracted loss or impairment of any bodily member, or substantial risk of death.

Common Offenses You May Be Charged With For Assaulting A Law Enforcement Officer

Assault and battery is a serious offense in Utah that can cause long-term consequences in a person’s life. If a person is charged with assaulting a police officer, the charges can be even more serious. Due to all the news about police assaults, shootings, and killings of officers, the police are becoming increasingly intolerant of any actions that may be interpreted as physical resistance or assault. If you have been charged with an assault on a police officer or a similar offense, you need the assistance of an experienced violent crimes attorney to reduce the harsh sentence that you may face. A person can commit battery through any offensive or harmful conduct, which can be as minor as throwing a snowball or small object at someone, if the person makes some contact with the victim and intended harm to the victim. An assault is an intentional act that makes a person think that he will be offensively touched or intentionally harmed. Since a battery is any unwanted touching, these charges can be raised for any minor action of a suspect. This law applies to police officers and many other government officials, including:  Judges  Correction officers  Firefighters and volunteer firefighters  Rescue squad personnel If you are convicted of this offense, you face a mandatory minimum prison sentence of six months in jail that can be increased to one to five years in prison. You may also be fined a maximum of $2,500.

Obstruction of Justice Charges

You may also be charged with obstruction of justice if you prevent the police officer from performing his duties. This offense can also be charged with obstructing a judge, juror, prosecutor, or attorney. You may be charged with this for:  Using force or threats of force to impede a peace officer  Threatening body harm to impede a peace officer  Making a false representation to a police officer who is investigating a crime. Obstruction of justice is generally a Class 1 misdemeanor with a possible sentence of up to 12 months in jail and a fine of up to $2,500. However, a person can be charged with a Class 5 felony if he knowingly attempts to intimidate or impede a peace officer and does so in a court in relation to a drug offense or felony.

Resisting Arrest Offenses in Utah

Resisting arrest is similar to obstructing justice but is a different offense in Utah. Both involve intentionally impeding a peace officer from performing his duties. Unlike resisting arrest, you may be charged with obstruction of justice in situations other than an arrest. Under Utah law, you may be arrested for resisting arrest for intentionally preventing or attempting to prevent a law enforcement officer from arresting you, with or without a warrant. This is defined as fleeing under one of these circumstances:  The peace officer is applying physical force  The peace officer communicates to you that you are under arrest  The peace officer has the legal right to and the immediate physical ability to do so  A reasonable person would know or should know that he is not free to leave

Resisting Arrest: Laws, Penalties, and Defense

Resisting arrest occurs when a person interferes with a law enforcement officer’s attempt to perform a lawful arrest. Some states call the crime “obstruction.” Resisting arrest occurs when a person interferes with a law enforcement officer’s attempt to perform a lawful arrest. Some states call the crime “obstruction.” The crime can be a felony or a misdemeanor, depending on the severity of the actions of the person being arrested. Misdemeanor resisting arrest (or misdemeanor obstruction) can include actions such as running and hiding from a law enforcement officer. Felony resisting arrest usually requires that a person either act violently toward the arresting officer or threaten to act violently. Felony Resisting Arrest: What Does the Prosecutor Have to Prove? In order to secure a conviction for resisting arrest, the prosecutor must produce evidence on the following issues, called the “elements” of the offense, and the judge or jury must decide that the prosecutor has proved each one of them beyond a reasonable doubt. While the elements of the crime may vary from state to state, usually all of the following must be true:  The defendant intentionally resisted or obstructed a law enforcement officer. This means the defendant intentionally acted in a way to hinder the arrest. However, the person need not have intended the result or harm that his actions caused.  The defendant acted violently toward the law enforcement officer or threatened to act violently. For example, striking or pushing the officer would satisfy this requirement. Similarly, a defendant’s threat to strike an officer with an object in the defendant’s hand would also satisfy this requirement.  The law enforcement officer was lawfully discharging his official duties. This means the law enforcement officer was properly engaged in the performance of official duties, such as investigating a crime or making a traffic stop. A law enforcement officer can be acting lawfully even when arresting the wrong person and even if the charges are dropped or the defendant secures an acquittal at trial. (Read more on your rights if you’re arrested.)

Call Ascent Law LLC For Legal Help

If you are facing a charge of resisting arrest, consider consulting with an experienced criminal defense attorney who regularly practices in your area. A lawyer can evaluate the strength of the prosecution’s case against you and help develop any defenses you might have. For example, if you believe that your resistance was justified because the arrest was unlawful, you’ll need to know whether your state recognizes this defense, as explained above. A lawyer’s skillful negotiation with the prosecutor can sometimes result in a reduction of felony resisting arrest charges to misdemeanor charges, or even dismissal of the charges. A local criminal defense attorney, who knows how the prosecutors and judges involved in your case typically handle such cases, can assist with these negotiations. And if you decide to go to trial, having a good lawyer in your corner will be essential.

Criminal Lawyer in Utah

When you need to defend against criminal charges in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

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Federal Trucking Law

The Federal Motor Carrier Safety Administration (FMCSA) is the federal agency responsible for devising the laws, rules, and regulations that govern motor carriers in Utah, United States. The FMCSA has also passed many trucking laws and regulations, which have been designed to increase the safety of bug trucks on the roads of the United States. These laws have been enacted in a bid to reduce truck accidents and also increase the safety of the vehicles, drivers, and other passengers on the roads.

FMCSA Trucking Laws and Rules

Title 49 of Code of Federal Regulations, as designed by the FMCSA, lists all the laws and regulations that govern the entire trucking industry in Utah, United States. The following are highlights of these federal trucking laws and regulations:

Laws and Regulations Applying to Truck Drivers

• Licensing Requirements: According to this rule, truck drivers are allowed to have just one driver’s license, which has been issued to them by their home state. The license can be issued to the truck drivers only after they are successful in clearing knowledge and skill tests. Hazmat (hazardous material) carriers are usually required to pass additional tests before being given a valid license. • Special Training and Physical Requirements: Truck drivers need to undergo special training and also need to pass a physical exam every two years. Failing this test would restrict them from truck driving. • Controlled Substances, Alcohol Use and Testing: Part 382 states that no truck driver is allowed to report for duty with a blood alcohol level of 0.02 or more. Truck drivers cannot carry any alcohol with them while driving, unless it forms a portion of their cargo. They cannot have alcohol or other drugs that can affect their driving capabilities, in the 8 hours before a driving shift. • Hours of Service: Due to the alarming rise in truck accidents as a result of driver fatigue, the FMCSA has changed the rules of hours of service that apply to truck drivers. As per the new rules, truck drivers can drive a maximum of 11 hours in a workday of 14 hours maximum, after which they are required to take a minimum of 10 hours off duty. Truck drivers are also required to maintain log books of their time spent at work and behind the wheel.

Laws and Regulations Applying to Trucks

• Rules for Securing Cargo: Beginning January 1, 2004, the rules for securing cargo and heavy loads in trucks were changed by the FMCSA, in order to make the cargo more secure and minimize the chances of it becoming loose and falling off the vehicle. These rules include new and better provisions for tying down cargo and using better securing devices.

• Required Vehicle Markings: Under this rule, all trucks are required to display certain markings on the vehicle. These include their USDOT number, Hazmat markings, etc. In addition to the above, the FMCSA has passed many rules and regulations that govern the actions of trucking companies, and hazardous material carriers as well. These include, but are not restricted to, complying with USDOT safety rules by trucking companies, unfit carrier rules, hours of service logbook rule for companies, hazardous material regulations and how to comply with them, State Hazmat permission and registration procedures, etc.

Truck drivers and trucking companies must follow both state and federal regulations. The federal regulations are promulgated by the Federal Motor Carrier Safety Administration (FMCSA) and include all aspects of truck driving. Among the categories the federal regulations cover are drug and alcohol testing, hours of service, vehicle marking, and maintenance. A truck driver’s failure to follow a federal or state safety law is strong evidence of negligence after a truck accident causing personal injuries. Not all states recognize the doctrine of negligence per se, but the states that do recognize this doctrine may allow an inference of negligence if the truck driver violated a safety statute, the violation proximately caused an accident, and the victim was a member of the class that the statute was designed to protect. An inference of negligence can make it easier for a victim of a truck accident to recover damages. Even when states do not recognize negligence per se, evidence that a truck driver caused an accident by violating federal or state safety regulations is strong evidence that a duty was breached.

Alcohol and Drug Testing Under Federal Law

The FMCSA drug and alcohol testing rules apply to all operators of commercial motor vehicles with a commercial driver’s license. The test is designed to identify alcohol, marijuana, cocaine, opiates, amphetamines, and PCP in the system. There are four potential testing scenarios: pre-employment, reasonable suspicion, random drug tests, and post-accident drug tests. All trucking employers must have a designated employer representative who is required to oversee employer compliance with the drug testing regulations. A trucking company can only permit a driver to perform duties that require safety if he or she gets a negative result on the pre-employment test. The employer must also interview the potential employee as to drug and alcohol testing history, and obtain records from previous employers. When an employer or supervisor harbors a reasonable suspicion that the truck driver has taken drugs or has drunk alcohol, it has a duty to test that driver. Moreover, random tests chosen through a scientifically valid method and without notice to the driver are required. After a fatal truck accident, testing is required, and even when there isn’t a fatality, any commercial truck driver cited for a moving violation that either involved towing of a vehicle or required medical care away from the scene must also be tested for drugs and alcohol. If a police officer pulls over a truck driver for suspected drunk driving and believes the driver is drunk, he or she may require the truck driver to take a Breathalyzer or blood test. The blood alcohol concentration required to cite a commercial truck driver for a DUI is lower than it is for ordinary non-commercial vehicle drivers.

Hours of Service Regulations

Commercial truck drivers must also follow the federal regulations regarding hours of service. Truck drivers hauling property can drive 11 hours each day only after 10 consecutive hours off duty. They may not drive beyond the 14th hour in a row after coming on duty. Furthermore, they are not permitted to drive after 60 hours in seven days in a row, or 70 hours in eight days in a row. Truck drivers who reach the maximum 70 hours of driving within a week may only resume if they rest for 34 hours in a row. This rest must include at least two nights, including the period from 1-5 a.m. Truck drivers must take at least one 30-minute break during the first eight hours of their shifts.

Federal Regulations for Truckers

Drivers of trucks and commercial vehicles operate their vehicles over hundreds or even thousands of miles of highway. Besides having to pass high standards to be able to operate a large commercial vehicle, a driver must comply by federal regulations that place limitations on the hours that a person can sit behind the wheel. These limitations help to combat a common cause of truck and commercial vehicle accidents: fatigue. Accidents resulting from a truck driver’s fatigue can be life-shattering, especially for the driver and passengers of the vehicle collided with. If you or someone you know was involved in a truck or commercial vehicle accident and believe that driver error contributed to your crash, contact an experienced Utah truck accident attorney.

Commercial Driver’s License Requirements

Even before the driver of a truck or commercial vehicle can get behind the wheel, he or she must pass stringent requirements in order to be granted a commercial driver’s license (CDL). These requirements include: • Being 21 years of age, if working between states or transporting passengers • Providing “proof of legal presence,” e.g. a U.S. Passport or certified Birth Certificate • Supplying a medical certification • Passing truck and commercial vehicle-specific knowledge tests • Passing specialized endorsement tests, if applicable • Passing a truck and commercial vehicle-specific driving test If a driver gets behind the wheel of a truck or commercial vehicle without a CDL, he or she is in violation of the law and is engaged in negligent behavior. If you were involved in a truck or commercial vehicle accident in which the operator of the truck or commercial vehicle lacked a CDL, contact an Utah truck accident lawyer. The Driver’s Logbook — Rules of the Road Besides keeping safe driving patterns, truck and commercial vehicle drivers must keep daily driving records. These records can be kept in a driver’s logbook or on an on-board electronic recording device. Data includes: • Total hours of time on-duty • Total hours of time off-duty • Total miles driven • Truck or commercial vehicle number • Motor carrier’s name and address • City and town names where a stop and change from on-duty to off-duty (or vice versa) occurred

Regulations for Trucks

• Loads and Freight — Loads should be properly loaded and properly secured to prevent leaking, spilling, or falling. The trucking company and the company that loaded the cargo may be liable if cargo slips or falls from the truck and injures someone. There also are numerous stringent regulations regarding shipment of hazardous materials by truck. • Maintenance — There are a number of regulations pertaining to the maintenance, inspection, and safety of trucks. Trucks are supposed to undergo annual inspections, and truck owners should keep logs of accidents the truck has been involved in. Truck drivers are supposed to perform pre-trip inspections that include checking brakes, steering, lights and reflectors, tires, the horn, windshield wipers, mirrors, coupling devices, and emergency equipment. A report should be prepared and signed by the driver and reviewed by the trucking company.

Federal Regulations and Personal Injury Lawsuits

If you’ve been injured in an accident involving a truck, you may be considering a lawsuit to recover compensation for your injuries and other damages. When issues involving federal laws and regulations are involved, your lawsuit may need to be filed in a federal court instead of a state court. Federal courts have their own rules and systems that are a little different than state courts, so it’ll be crucial to the success of your claim that you’re represented by an attorney with significant experience handling personal injury lawsuits in federal courts. All truck drivers are required to abide by federal trucking regulations. These safety laws are often involved in truck accident cases, since drivers who cause an accident may be found to have violated one or more of the Federal Motor Carrier Safety Regulations. Truck accident victims pursuing a personal injury claim against a truck driver may find that the driver has violated a law or that the trucking company is legally at fault, in addition to the driver. The intention of federal trucking regulations is to provide for the safety of the driver and others on the road. Some regulations prohibit drivers from operating vehicles while under the influence of drugs or other impairing substances, for example, and others mandate that drivers and companies abide by hours-of-operation laws to prevent fatigued drivers from remaining on the road. Other laws require the trucking company and the driver to conduct regular inspections of their vehicles and ensure that brakes and connections are functioning properly. While some regulations may seem like common sense, such as the requirement that drivers use “extreme caution” in hazardous conditions such as snow or sleet, they are strictly interpreted, and there is a legal requirement that drivers immediately discontinue their travel when weather conditions are severe. Accident victims asserting the negligence of a truck driver may rely on a violation of a federal trucking regulation as evidence of a breached duty of care. Proving negligence in an injury claim requires showing that the driver owed a duty of care and breached this duty, and this breach directly led to injuries and damages. In some situations, there may be multiple violations committed by the driver or trucking company. When a trucking company encourages their drivers to meet unreasonable deadlines and ignore laws such as hours-of-service regulations, this may increase the potential value of the victim’s claim. Claims for damages following a commercial truck accident may be large, and often, trucking companies carry high amounts of liability insurance. Truck collisions can lead to serious injuries and after proving the legal liability of the driver and potentially the company, the accident victim will set forth the full range of the damages that were caused by the collision. These include costs for medical treatment, both past care as well as future, expected treatment. Lost wages from work and a decreased earning ability are also types of damages that may be recovered. Finally, victims may find that they suffer emotional pain and suffering as a result of the accident. These non-economic damages may be set forth and recovered in a personal injury claim after a truck crash.

Trucking Lawyer

When you need a Trucking Lawyer in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

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Utah Code 57-1-3

Utah Real Estate Code 57-1-3: Grant Of Fee Simple Presumed.

A fee simple title is presumed to be intended to pass by a conveyance of real estate, unless it appears from the conveyance that a lesser estate was intended.

A fee simple defeasible is a conveyance of property that has conditions placed on it. The holder of a fee simple defeasible possesses the property as a fee simple subject to that condition. If the condition is violated or not met, then the property will either go back to the original grantor or a specified third party. Types of Fee Simple Defeasible There are three types of fee simple defeasible. The first two confer future property interests in the person granting the property. The other type has the future interest going to a specified third party. • Fee Simple Determinable: A fee simple determinable automatically ends the interest in the property when a condition is violated or not met. The person granting the property interest retains a “possibility of reverter,” meaning that if the condition is violated, the property will automatically shift back to the grantor without having to take any further action. In order to create a fee simple determinable, the words of conveyance must be durational (e.g., as long as, so long as, during, while, or until). An example of a fee simple determinable would be: A to B so long as the property is used as a school. B would have a fee simple interest in the property so long as the property is used as a school. If, however, the property is no longer used as a school, then the property will automatically go back to A. • Fee Simple Subject To Condition Subsequent: A fee simple subject to a condition subsequent is very similar to the fee simple determinable except that the violation of the condition would give the original owner the option to take back the property. Thus, the property does not automatically shift to the original owner. Instead, upon violation of the condition, the original owner has the option to reassert a right to the property. This option is called a “right of reentry.” In order to convey a fee simple subject to condition subsequent, the words of conveyance must state that the original owner can retake the property if the condition is violated. An example of a fee simple subject to condition subsequent would be: A to B, but if the property is used for commercial purposes, then A has a right of reentry. Again, B has a fee simple interest in the property so long as the property is not used for commercial purposes. If, however, the property is used for commercial purposes, then A can retake the property. • Fee Simple Subject To Executory Limitation: A fee simple subject to executory limitation is basically the same as a fee simple defeasible, except that it confers a future property interest in a third party, and not the original owner. In order to create a fee simple subject to executory limitation, the original owner would use either durational or conditional words that establish a condition and a third party to whom the property would go to if the condition is not met or is violated. Like a fee simple determinable, the property shifts automatically and does not require the third party to take any action. The third party interest is called a “remainder.” An example of a fee simple subject to executory limitation would be: A to B only if the property is used as a place of residence; if not used as a place of residence, then to C. Thus, B has a fee simple interest in the property. If, however, the property is used as something other than a place of residence, then the property will automatically shift to C. It is important to note that A, the grantor, no longer has an interest in the property

Understanding Fee Simple Vs Leasehold Ownership

• Fee simple ownership: Fee simple ownership is probably the form of ownership most residential real estate buyers are familiar with. Depending on where you are from, you may not know of any other way to own real estate. Fee simple is sometimes called fee simple absolute because it is the most complete form of ownership. A fee simple buyer is given title (ownership) of the property, which includes the land and any improvements to the land in perpetuity. Aside from a few exceptions, no one can legally take that real estate from an owner with fee simple title. The fee simple owner has the right to possess, use the land and dispose of the land as he wishes — sell it, give it away, trade it for other things, lease it to others, or passes it to others upon death. • Leasehold ownership: A leasehold interest is created when a fee simple land-owner (Lessor) enters into an agreement or contract called a ground lease with a person or entity (Lessee). A Lessee gives compensation to the Lessor for the rights of use and enjoyment of the land much as one buys fee simple rights; however, the leasehold interest differs from the fee simple interest in several important respects. First, the buyer of leasehold real estate does not own the land; they only have a right to use the land for a pre-determined amount of time. Second, if leasehold real estate is transferred to a new owner, use of the land is limited to the remaining years covered by the original lease. At the end of the pre-determined period, the land reverts back to the Lessor, and is called reversion. Depending on the provisions of any surrender clause in the lease, the buildings and other improvements on the land may also revert to the lessor. Finally, the use, maintenance, and alteration of the leased premises are subject to any restrictions contained in the lease. Important leasehold terms to know: • Lease Term – The length of the lease period (usually 55 years or more) • Lease Rent – The amount of rent paid to the Lessor for use of the land • Fixed Period – The period in which the lease rent amount is fixed • Renegotiation Date – Date after the fixed period that the lease rent is renegotiated • Expiration Date – The date that the lease ends • Reversion – The act of giving back the property to the Lessor • Surrender – Terms of the reversion • Leased Fee Interest – An amount a Lessor will accept to convey fee simple ownership Fee simple is absolute title to land, free of any conditions, limitations, restrictions, or other claims against the title, which one can sell or pass to another by will or inheritance. A fee simple title has a virtually indefinite duration. It is also called fee simple absolute. Today, the law presumes an intention to grant an estate in fee simple unless an indication to impose conditions or limitations is clearly stated. It is most common way real estate is owned in common law countries, and is the most complete ownership interest one can have in real property. Other estates in land include the fee simple conditional, the fee simple defeasible, the fee simple determinable, the fee simple subject to a condition subsequent, the fee simple subject to an executory limitation, and the life estate.

What Is Fee Simple Ownership?

When a property deed states that the owner has fee simple ownership, he owns the property above the surface of the land and the mineral properties below the surface of the land. The mineral properties may include oil, gas, mineral rocks or coal. Many deeds do not include fee simple ownership, and thus, there may be several ownership interests connected to the mineral estate of a tract of land. Having fee simple ownership indicates the property owner owns both what’s above and under the surface of the land. Property Deed Description A property deed includes language that names the grantor and grantee as well as wordings that describe the grantor or seller’s intent to transfer his ownership interest in a property to the grantee or buyer. The deed also includes a description of the property, such as the address and other identifying information, the property lot and the subdivision. Transferring the Title With a warranty deed, the grantor warrants that the property is free and clear of liens and encumbrances and that he has the ownership rights to transfer title to the grantee. The grantee does not make any guarantees with a quit claim deed; the grantee simply receives any ownership interest the grantor has in the property. Typically, if the seller has fee simple ownership in the land, he owns the entire estate to the land. If the grantor transfers his entire ownership interest in the land, the buyer becomes the new fee simple owner. The deed may include words, such as fee simple ownership or fee simple absolute, which indicates that the grantor has absolute ownership interest in the land. Absolute Ownership Interest Fee simple ownership is the highest type of property ownership, whereas with a life estate ownership interest, for example, the owner only has lifetime ownership rights to the land. Fee simple owners may use and dispose of the entire land as permitted by law, and they are granted absolute ownership to the land. The property passes to the fee simple owner’s heirs upon death unless the owner has transferred title to the property during his lifetime or by way of a will. Performing a Title Search With many land purchase agreements, sellers are not required to disclose who owns the mineral properties connected to the property. Many property owners do not know who actually owns the mineral estate, anyway – the subsurface rights may have been stripped from the deed many generations in the past, or may never have been included with the surface deed. The Recorder’s Office in the county where the property is located is generally the best place to perform a search and discover the chain of title to a particular tract of land. Many counties maintain a record of deeds that trace back to the 1800s.

A concurrent estate describes the various ways in which property can be owned by more than one person at a given time. Three types of concurrent estates are: • Tenancy in common: Tenancy in common is the most common type of ownership. Ownership is assumed to be a tenancy in common unless stated otherwise. A tenancy in common is a form of ownership of title to real estate by two or more persons. Although they have a unity of possession, they each have separate and distinct titles. In the event that one of the tenants in common dies, his or her title passes not to the other tenant in common, but to his or her estate or heirs. • Joint tenancy: is a form of ownership in which the tenants own a property equally. If one dies, the other automatically inherits the entire property. This is known as the right of survivorship. Thus somebody cannot will a joint tenancy, and probate is not necessary under a joint tenancy. A person could not take a property as a joint tenant with a corporation, because a corporation cannot die. It would be taken as a tenant in common. If a joint tenant dies owing debts, the surviving joint tenants are free of the unsecured debts. Joint tenants cannot be created by law; therefore the parties who wish to be joint tenants must make it clear in the conveyance document. A joint tenant has the right to sell, mortgage, or transfer their interest without the consent of the other joint tenants. To create joint tenancy there has to be unity of time, title, interest, and possession. That is the most important thing to remember. You may want to say it again: time, title, interest, and possession. You can also remember the acronym TTIP. It is not much of a word, but it worked for me, so hopefully it will work for you too! Joint tenancy would be terminated if any one of those four unities is destroyed. Therefore a person who buys interest of a joint tenant would be a tenant in common with the other joint owners • Community property: is property acquired by the spouses during marriage. Community property laws vary from state to state. Community property is owned by both regardless of whose name is on the title. • Separate property is sole ownership, and is property acquired before marriage or property received by gift or inheritance. Separate property can be transferred without the non-owning spouse’s consent or signature. • A partition is a court action to divide ownership interest if the owners cannot reach an agreement. Partitions can be used by tenants in common or joint tenants to dissolve ownership interest.

Real Estate Lawyer

When you need a lawyer who focuses on real estate law in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

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Salt Lake City DUI Lawyer

Operating a motor vehicle under the influence of alcohol may be termed with different designations under different circumstances or in different states or jurisdictions, including DUI (driving under the influence), OUI (operating under the influence), or even DWI (driving while intoxicated). These offenses are serious and should not be taken lightly. Anyone who is operating a motorized vehicle or a vehicle with any type of drive train can get a DUI-type offense. This includes the use of motorized watercraft, lawnmowers, mopeds, and even non-motorized bicycles. Individuals using skateboards, rollerblades, etc., would not be charged with a DUI offense if they are stopped while they are intoxicated on these conveyances, but could be charged with some other offense, such as public intoxication, depending on the jurisdiction where the offense occurs.

A Drunk Driving Offense Is Not Limited to Just the Use of Alcohol Any charge of operating under the influence (DUI) is not limited to the use of alcohol. An individual, who is operating a motor vehicle under the influence of other drugs, including over-the-counter drugs, prescription drugs, and even illicit drugs, can be charged with this offense.

If Arrested for a DUI-Type Offense, You Will Spend Time in Jail

If an individual is arrested for a DUI-type offense, the arresting officers have the responsibility to remove the individual from the situation and get them off the road. Typically, this means taking them into the police station, booking them, and then putting them in jail until they post bond. In many jurisdictions, individuals must also demonstrate a significant drop in their BAC in order for them to be released on their own recognizance after being arrested for a DUI or related offense. The actual amount of time an individual spends in jail is dependent on the situation, jurisdiction, etc.

Is a DUI a Felony?

DUI type offenses may or might not be felonies. In most jurisdictions, an individual who is getting a first-time DUI will most likely be charged with a misdemeanor. However, an individual who severely injures or kills someone while under the influence of alcohol or other drugs will be charged with a felony. Some states now also charge individuals with felonies even for first-time offenses if they have a very high BAC; the level can vary from state to state, but as an overall standard, a BAC of 0.15 or higher is a red flag to most legal authorities. If an individual is arrested for a DUI-type offense while their driving privileges have been suspended or restricted, they may be charged with higher-level offenses. The trend in numerous states is also to charge individuals with multiple DUI offenses with felony convictions after they have been arrested many times for DUIs or similar offenses (most often, three times or more). Thus, in many states, after an individual has two (or three) DUI convictions on their record, any subsequent arrests for DUIs are felony convictions.

Arraignments Are Easy; After That Get an Attorney

After an individual is arrested for a DUI-type offense, they will go to court for an arraignment. At the arraignment, the individual will be formally charged with a criminal offense and will be allowed to plead guilty or not guilty. The standard legal advice is to plead not guilty at the arraignment, pay the bond, get released, and then seek the assistance of an attorney for further steps in the process.

Expect Immediate Financial Responsibilities

The entire process of getting a DUI is extremely expensive. Even before one is formally convicted, one should expect to start shelling out money. Individuals often have to pay the court a bond to be released, pay a bond to get their car back, and pay towing charges. They often have to give their chosen attorney a down payment before the attorney begins working on their case. Depending on the situation, other financial responsibilities could be incurred. Even before one goes to trial for their DUI offense, they may have already spent thousands of dollars.

Be Ready to Have Restrictions on Your Driving Privileges

These days, in most states, it is a safe bet to assume that once an individual is convicted of any DUI-type offense, there will be ramifications on their driving privileges. In most states, an individual who refuses to take a BAC test automatically has their driver’s license suspended. The length of time varies depending on the state but typically ranges from three to 12 months. In some states, the arresting officer confiscates the individual’s driver’s license once they are arrested, and the individual gets a temporary driver’s license until their trial. Upon conviction of any DUI offense, an individual’s driver’s license will most likely be restricted, suspended, or revoked depending on the state and the nature of the offense. First-time offenders most often have suspended licenses for a period of 90 days, but again, these suspensions can vary from state to state and case to case, and they are subject to being shorter or longer depending on the judge and situation. Most often, individuals have to meet certain specifications, such as having interlock systems installed on their car ignition if they are issued restricted driver’s licenses, or they must wait for a specified period of time to get their license back if it is suspended or revoked. In many of these later instances, individuals often have to appear before the Department of Motor Vehicles and formally evaluated in terms of their risk for future infractions in order to get their full driver’s license returned. All of these issues incur a further outlay of money, are significantly embarrassing for most individuals, and produce significant stress and resentment.

Expect to Pay More Money for Car Insurance

Individuals who have DUI offenses on their record pay significantly higher premiums for car insurance. There is no way around this. In many cases, insurance companies may drop them, and individuals are forced to seek out insurance companies that will accept them. These companies typically charge significantly higher rates for limited automobile insurance.

Expect to Be Placed on Probation

Because being convicted of a DUI offense is a criminal offense, the vast majority of individuals will be placed on probation for some period of time following their conviction. Probation costs money, and individuals can expect to shell out more money here. The specifications of probation require that an individual not use alcohol or other drugs, and not be in places where the primary purpose of the business is to serve alcohol (e.g., a bar). Other restrictions may be incurred depending on the state, situation, judge, and the individual’s probation officer. While on probation, individuals are required to notify their probation officer and get permission to leave the state and in some cases even the city in which they reside.

One Might Have to Attend an Alcohol Education Program

More and more jurisdictions are requiring that even first-time offenders attend a formal alcohol education program. The program can vary depending on the situation and the state where the program is delivered. Expect to pay for the program and have your attendance monitored in some way. One Might Have to Complete a Formal Alcohol or Substance Use Disorder

The courts will often require that an individual be formally evaluated by a mental health provider that is attached to the court system or a private mental health provider for substance abuse issues prior to going to trial. This assessment often includes an interview with the healthcare provider/clinician and completing a series of tests. The court often uses this information to determine sentencing, probation, the need for treatment, etc. Again, these assessments can be relatively expensive, and the court does not pay for them in most cases. One should expect to shell out even more money for this court requirement if it is imposed. Courts Most Often Require That the Individual Receives Substance Use

Will I Have To Get Treatment?

Yes. Very likely. The legal system does not want to see repeat DUI offenders. Most courts require that individuals receive substance use disorder treatment as a condition of their probation. If individuals do not attend treatment or are not able to demonstrate to the probation officer that they are attending treatment, they could be subject to jail or even steeper fines. The treatment is often specified by the judge and can include participation in Alcoholics Anonymous meetings and/or substance use disorder therapy. Individuals may be required to attend inpatient or residential rehabilitation programs for alcohol abuse. The specification of treatment is often a requirement for an individual to complete probation and may be a requirement for an individual to get their driver’s license back.

Upon Conviction, Expect More Fines

Once an individual is convicted of a DUI offense, they are typically fined by the court. These fines will often eat up the individual’s bond and may require the individual to pay additional monies. Individuals can arrange to be put on a payment program because, in many cases, the fines are extensive.

More Jail Time Might Be in Your Future

States are becoming stricter and stricter regarding punishments for individuals who incur DUI-type offenses, even for first-time offenders. Judges are given less leeway in giving out fines and jail sentences in the current milieu and may be required to include incarceration as a result of charging an individual with a DUI-type offense. In most cases, judges have some leeway concerning the length of the sentence they impose, but the trend is that individuals who commit more than one DUI offense will spend some time in jail. Serious repeat offenders or individuals who have injured someone or caused property damage may be forced to spend significant time in prison. In some cases, individuals may be placed on a tether in lieu of a jail sentence and are not allowed to leave their home except during specified periods (house arrest).

How Long Does a DUI Stay on Your Record?

Once an individual is convicted of a DUI offense, there is a record of it somewhere. In many cases, individuals are required to report these offenses on job applications and for other purposes, such as when applying to the military, applying to certain colleges, etc. Insurance companies often investigate an individual’s driving record for as far back as 5-7 years, and when offenses are uncovered by insurance companies, they will tend to charge higher premiums for services or will not cover the individual. Individuals subject to background checks for employment or other purposes often experience a DUI resulting in complications for certain types of employment. Even though it may not appear in some types of background checks or searches years after an individual has committed the offense, there is always a record of it somewhere. Individuals who have multiple DUI convictions, who have seriously injured or killed someone while driving under the influence of alcohol, or who committed significant property damage while under the influence may have these convictions follow them around for the rest of their lives.

Reasons Prosecutors May Reduce or Dismiss DUI Drug Charges

• Lack Of Probable Cause To Stop Your Vehicle: Before a police officer can stop your vehicle, he or she must have reasonable suspicion or probable cause to do so. Probable cause is “reasonable suspicion for a traffic stop” This means that you were observed having violated a traffic law, such as: 1. Speeding, 2. Failing to stop completely at a stop sign, or 3. Straddling the lanes. An example of lack of probable cause to stop you is racial profiling. What Happens If There Are No Witnesses? If no one makes a statement to the officer and there are no indicators as to who the driver is, there may not be sufficient probable cause to arrest any of the persons standing near the vehicle which is known as the “no driving” defense. However, if there is any evidence that could suggest that one person was likely the driver such as: • The way the seat is adjusted, or • The fact that one of the parties is the registered owners of the vehicle The officer may have enough probable cause depending on the totality of the circumstances.

What If The Engine Is On But You Did Not Move The Car?

If your engine is running, the officer can assume you had just driven or were about to drive. Other indirect or circumstantial evidence of your having driven include: • A warm engine • Gear is in drive • There is a damaged vehicle at scene of an accident • The absence of an alternative driver An adjunct to this is a scenario where you had been in an accident but left the vehicle and the scene and returned home or went to a nearby bar or restaurant where police found you. Unless you admit that you had not ingested any drugs (or alcohol) during the interim between the time you left the vehicle and your being questioned by police, you could just have likely become impaired after you left the scene.

What Symptoms of Impairment Are Officers Looking For?

Classic symptoms of impairment are slurred speech; watery, bloodshot eyes; fumbling with documents; and an inability to understand simple directions or questions. It may be different for drivers under the influence of a drug since different drugs produce different symptoms. If DUI marijuana is suspected, for example, your coordination is usually not affected. Few people who smoked or ingested marijuana exhibit slurred speech or have watery, bloodshot eyes, though they may appear glassy. If the officer testifies to this, a defense expert can counter with studies that refute such conclusions in the majority of subjects.

Field Sobriety Tests

In traffic stops where the officer has observed symptoms of drinking or of ingestion of a drug, the officer may request that you take a series of field sobriety tests that test your coordination and balance. These may include: • Walk and turn • Stand on one foot • Horizontal gaze nystagmus (HGN) Do You Have To Take Field Sobriety Tests? You are under no obligation to take any of these tests and will not be penalized at all if you refuse. However, the majority of defendants are either too fearful of appearing uncooperative, or are unaware that they can refuse to take the tests, and commit to taking them. This includes blowing into a PBT, or preliminary breath test, which only detects the presence of alcohol in your blood. Its results are not admissible as evidence but do provide probable cause to suspect you are under the influence of alcohol. The following are some of the legal grounds on which your DUI case can be dismissed: • Improper cause for stopping your vehicle by the police • Illegal seizures and searches by the police • Illegal field sobriety tests conducted by the authorities • Illegal chemical tests conducted by the authorities • Your blood was withdrawn without consent and a warrant • Violation of a right to speak with your Lawyer • Successful ousting of license suspension

Illegal Field Sobriety Tests

There are certain kinds of field sobriety tests. There is also a specific manner in which they can be conducted. A test done without your consent is one of the reasons the judge may dismiss your DUI charge. Furthermore, if these tests are run in an invalid fashion, then the arrest is considered to be invalid. According to expert impaired driving lawyers, the most common reason for dismissal of a DUI is due to using faulty testing instrument. Thus, they can challenge the validity of the results of a test in a court of law. • The conclusions will be false if breathalyzer is not calibrated well before use. • The results may be inadmissible in the courtroom if you have a specific medical condition. • Blood tests need to be administered using standard procedures. Blood must be drawn by a specialist technician. There should be no alcohol-based cleaning agents used where blood is drawn. The blood vials must contain an adequate amount of preservative and coagulant, which should not have expired. They should also be correctly mixed with the sample. This sample should be properly labeled and stored in safe custody at all times.

Right to Speak with Your Lawyer

At the time of the arrest, you should be properly notified by the police officers that you can speak with your lawyer. The defendant can challenge the authorities to have violated this basic right while being arrested.

If your lawyer can successfully dismiss the license suspension against you, then the prosecutor might be forced to offer you a plea bargain. He or she may withdraw all DUI charges against you for a much lesser penalty because their case will become weaker in the eyes of the law once the driving suspension is over. Although it seems very difficult to remain positive when you are facing Driving Under the Influence (DUI) charges, you should never accept the charges easily. Hire a competent DUI lawyer to defend you.

Salt Lake City DUI Lawyer

When you need legal defense from a Salt Lake City DUI Lawyer, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

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Utah Criminal Code 76-5-102.7

Utah Criminal Code 76-5-102.7: Assault Against Health Care Provider And Emergency Medical Service Worker–Penalty

1. A person who commits an assault or threat of violence against a health care provider or emergency medical service worker is guilty of a class A misdemeanor if: a. the person is not a prisoner or a person detained under Section 77-7-15 ; b. the person knew that the victim was a health care provider or emergency medical service worker;  and c. the health care provider or emergency medical service worker was performing emergency or life saving duties within the scope of his or her authority at the time of the assault. 2. A person who violates Subsection (1) is guilty of a third degree felony if the person: a. causes substantial bodily injury, as defined in Section 76-1-601 ;  and b. acts intentionally or knowingly. 3. As used in this section: a. “Assault” means the same as that term is defined in Section 76-5-102. b. Emergency medical service worker” means a person licensed under Section 26-8a-302. c. “Health care provider” means the same as that term is defined in Section 78B-3-403. d. “Threat of violence” means the same as that term is defined in Section 76-5-107.

Steps Health Care Provider Should Take After Being Attacked

• Try to escape – If you can’t escape, yell loud enough to get help. • Create a barrier – Put something between that person assaulting you and yourself so you might be able to escape. • Defend yourself – You can defend yourself. You are allowed to meet the attacker with equal force to get them to stop. Some people don’t know that. • Report the incident – Notify your facility of the assault. • Take a leave of absence – Many people will be nervous to go back to work after an incident. If you are struggling emotionally about the trauma, people need to begin to realize that trauma and anxiety are legitimate reasons to get a leave of absence. Don’t rush back to work if you aren’t ready. • Get support and seek help – Surround yourself with people that you trust. Consider getting trauma counseling.

How Help End Violence Against Healthcare Workers

The legislature proposed the following, • Assault against any healthcare workers must be a felony. • No less than two law enforcement officers must be present with offenders. • Facilities must provide locator badges with panic buttons for victims to signal for help. • There must be anti-retaliation protections in place so healthcare workers may receive the same basic rights as any other assault victim – the right to report to law enforcement.

How to Prevent Workplace Violence

With violence in society a growing problem, the importance of taking measures to prevent workplace violence has become increasingly urgent to businesses that want to protect the safety of their employees. According to the Bureau of Labor Statistics, between the years of 2011 and 2018, a total of 5,746 injuries resulting from workplace violence were reported. Of these, 3,584 were workplace homicides and 2,825 of these homicides were the result of a shooting by another person. While violence is one of the major causes of death in the workplace, nonfatal cases are more common. Overall, the Occupational Health and Safety Administration estimates there are about 2 million cases of workplace violence a year. The surprisingly high number of incidents varies between verbal and physical abuse to homicides. It is also estimated that about 25 percent of workplace violence goes unreported. These statistics are a strong reminder that violence in the workplace is more common than we might think, but workplaces can take specific measures to prevent and lessen the impact of violence. When you know how to prevent workplace violence, you can be part of the solution and make your company a safer place for all employees. • Workplace violence prevention begins with hiring. Conducting a thorough background check on potential employees (after they access a job offer) can reveal whether the candidate has a violent past. If something comes up, ask for an explanation and make sure it’s consistent with the report. They that have a recent violence conviction, you may decide to retract the job offer to avoid that kind of behavior in your workplace. • Create a policy that prevents harassment. Harassment is repeated persecution, bullying and/or troubling behavior that intimidates others. It creates an offensive work environment and the behavior often serves as a warning for violence. That’s why creating a policy to prevent harassment is a crucial step in preventing the possibility of violence. This policy should include a set of procedures that addresses any workplace complaints efficiently and privately. While creating this policy, it’s important to involve each level of the facility, including managers, employees, and executives. Keep all individuals informed by distributing the new policy across your organization and take the time to ensure every employee understands it. • Create an effective line of communication. Effective communication is a key factor in preventing workplace violence. If your employees have access to a workplace communication network, it can help them understand, recognize and report the early signs of potential violence, rather than passively sweeping them under the rug in favor of getting back to work. Giving them access to conflict-resolution resources makes them feel more responsible to communicate. Also, providing an open line of communication to management, HR and other key members of your company will help create an environment where employees can make sure their grievances are heard and properly responded to.

• Training and awareness are key factors in workplace violence prevention. Take the time to have training sessions about how to respond to a violent incident so your staff knows how to react when it occurs. • Establish a strict anti-violence policy. Prevent workplace violence by creating firm policies that empower your team to report violent and harassing behaviors and other signs of danger. This kind of policy eliminates undesirable employee behavior and leaves no room for favoritism managers must apply swift and consistent punishment no matter who violates the policy. Make sure all employees are aware of the consequences for violating the policy. • Encourage your employees to accept individual differences. Personality clashes or leadership style differences exist in every workplace. If left unresolved, these issues could result in job dissatisfaction or depression, and even violence (in the form of verbal abuse, sabotage, or worse). Persistent issues result in high turnover and culture problems or your organization. Help negate conflict by organizing activities to help the tea get to know each other, and acknowledging differences as positive attributes. This could help people see that their individual differences play a vital role in the team’s strengths as a whole. • Manage visitors and provide security monitoring. Monitoring visitors and managing them when possible is a smart way to prevent violence in the workplace. Whether security guards are patrolling your facility/parking lot, capturing video surveillance, or overseeing a visitor check-in desk, these are all extra layers of security that can deter someone from performing a violent incident. This is especially important in situations where people work alone or in confined spaces, or provides services involving money or alcohol. Also consider providing after hours escorts for workers in parking lots who become easier targets when alone. • Encourage everyone to report any and all violent incidents. A great way to start preventing workplace violence is to establish trust between you and your employees. Ensure your employees of the confidentiality in which they can report incidents, and assure each of them that no retaliation will be made against anyone reporting acts of violence. • Deter robbers with limited assets on hand. Workplace violence often occurs in conjunction with crimes like robbery and shoplifting. In fact, 85 percent of workplace homicides fall into this category where the criminal has no known relation to the business or its employees. You can reduce the risk of robbery and potential violence by keeping the amount of assets at your facility to a minimum. Use electronic pay systems to reduce cash on hand and install a locked drop safe. It may also help to keep your facility well lit and ask law enforcement officers to visit occasionally. Always be alert and pay attention to customers acting strangely. • Identify organizational risk factors that could lead to violence. What areas or concerns in your organization are potential risk factors that could lead to workplace violence? When combined with the stress of a personal situation employees bring to work, they may become aggressive and lash out. Assess your operation to become aware of these factors like working while understaffed, inadequate security, the perception that violence is tolerated or that victims are unable to properly report incidents, and many others. • After an incident or near miss, perform a thorough analysis. In the event that your workplace does experience a violent situation or is able to prevent one from occurring, follow up with an analysis. Who was affected and what, if any, warning signs were present? Were existing procedures and operations followed and if not, why? Were team members adequately trained? What new procedures and operations would help to improve staff safety and security? Answering these questions can help you modify your existing plans and ensure your business is able to effectively prevent workplace violence.

There are some instances where the hospital, facility or even a patient will harm a nurse for one reason or another to include policies, accidents and intentional harm. In these circumstances, the nurse often needs to know how to move forward, what to do to seek recovery options and which choices are possible in the legal world. Nurses and nursing staff work in one of the most dangerous industries in the country. No matter what day they work, there are many hazards both at work and when treating patients that each nurse must confront. These can range from patients that have an imbalance or impairment to the sharp objects that can quickly and easily cut the skin. If equipment or tools slip and fall, they can slice open the nurse immediately. These dangers are everywhere in a hospital, and clinics equally have the same dangers. If working for a private practice, nurses still run into the same types of risks. A personal injury case is possible for anyone that suffers bodily harm at the hands of another person or company that is responsible for the damage. This then progresses to a lawsuit when the plaintiff requires compensation for recovery. The other party’s negligence is then an issue that the victim will need to prove to the judge or jury panel. Evidence and a legal argument presented will help to prove or disprove the claim. Generally, there are numerous rules that apply to these claims and can prevent a nurse from litigation against his or her employer.

Negligence and the Hospital

There are elements of a negligence case. For a nurse to sue a hospital, he or she will need to prove that the facility owes a duty of care to the nurse. This exists in the professional guidelines and conduct along with the employment agreement to the organization. The duty of care is what should prevent the facility from letting dangers go unnoticed or from keeping criminals contained. The nurse can sue the hospital for negligence when there is a breach of the duty of care. The other elements must also exist along with a detailed explanation from the legal team.

The Elements of the Negligent Claim

With the duty of care comes a breach. This occurs when the facility knows of danger but does nothing to remove it. Injuries that happen through negligence often lead to lawsuits where the victim can pursue compensation for a full recovery. With the breach, the plaintiff must explain the causation between the breach and any injury sustained. The injury must become significant to seek compensation through litigation. With the services of a lawyer, the nurse can detail the injury, incident and how the hospital or other party is responsible for damages.

Who to Sue

Based on the evidence of either negligence or a breach of the duty of care, the nurse may have one or more individuals or entities to sue. For a patient that attacks and injures the nurse, he or she can sue the patient and either obtain awards through insurance or by a direct attack on the person. However, the facility that has protections in place may not ensure the prevention of such incidents. This could lead to a lawsuit against the hospital or clinic. Then, the nurse will need a greater strength of evidence to pursue the claim legally in the courts.

Evidence and the Lawyer’s Help

By proving the elements of negligence, the nurse or Health worker can effectively sue the patient or hospital that employs him or her. This requires evidence. It is possible to acquire video surveillance captures of the accident or intentional damage. With witness statements, the video and a strong claim, the nurse can provide the courtroom with all necessary and relevant details and proof. With a lack of safety protocols in place, the hospital or clinic could face liability and owing damages to the nurse. The monetary compensation is necessary for recovery and to ensure the nurse can become whole after the injury.

Misdiagnosis

Almost hand in hand with delayed care is another one of the most common causes – misdiagnosis. When a patient is misdiagnosed it can be months before they receive the proper diagnosis and the proper treatment to go with it. Treatment for a misdiagnosed illness can actually hinder recovery, causing more problems than there were to start with. There have been thousands of cases of misdiagnosis, in which the doctor or medical staff have failed to notice a serious disease, such as cancer, before it is too late. Misdiagnosis is not always life threatening, but it can have a big impact on the patient’s mental and physical well-being. Misdiagnosed fractures and infections are becoming increasingly common. Doctors are squeezed for time and will routinely miss things. Fortunately, it is rare that it causes a patient undue suffering.

Medication Errors

On the list of ‘never event’ mistakes (errors which should never happen) and also on the list of most common causes is medication errors. Whether it be that a patient has been prescribed too much of a medication or the wrong medication altogether; the effects of these errors can be devastating. There have been cases in the last year in which patients have had their painkiller dosages doubled, to a fatal amount, due to simple carelessness of the medical staff. Medication errors are seen as ‘never event’ mistakes, yet this hasn’t stopped them from creeping into the top clinical negligence claim causes in the Utah.

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It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!

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Divorce St. George

Divorce happens after a married couple does not want to be legally married and/or living together anymore; it is legally dissolving a marriage.

How Much Does A Divorce Cost In St. George, Utah?

There is a lot that goes into the divorce process. Filing for divorce costs alot in Utah, however, there is a lot more to a divorce than just a small fee.

• Mutually agreed divorce: When a couple can agree on the terms prior to them filing for divorce, the cost can be significantly lower than if they are not on agreeing terms. The average cost of a divorce when both parties already agree on all terms for the divorce can be as low as $100-$400. When they are not on agreeing terms, it can involve divorce attorneys. Most divorces are far more expensive than just a few hundred dollars. • Having Minor Children: Filing for divorce while they are minors involved can make it more lengthy and costly. What this really means is that attorneys need to be involved in order to complete the divorce process. The average cost of a divorce according to Utah divorce law is in Utah is $13,200, including around $10,000 in attorney fees. The average hourly rate for divorce attorneys in Utah is $250, it takes on average 53 hours total work time to start and complete a divorce. • Disputing over Alimony: Alimony is the financial legal obligation for a spouse in the event of a marriage separation or divorce. In the event of a divorce, sometimes there are disagreements over how much support one spouse is willing to provide. • Property Division problems: When a couple files for divorce, one major component of the divorce according to Utah divorce law is the division of property. Property can be one of the most disputed issues in any divorce. • Do-It-Yourself: Utah divorce law says that if both spouses are in full agreement to all of the terms of the divorce, then a Do-It-Yourself or DIY divorce can be an option that is much cheaper. In Utah, there are clinics that offer their DIY divorce for a price much lower than that of one that involves a divorce attorney. If a couple file for divorce and they do not have minor children, the total DIY divorce is somewhere between $1,000 and $2,000, and remember – there is the $350 +/- Utah divorce court filing fee. If a couple file for divorce with minor children, the DIY divorce can cost even more than that. Keep in minds that many who choose to undergo a divorce without professional legal help end up dealing with long-term unfortunate consequences down the road.

How Long Does A Divorce Take In St. George, Utah?

Utah divorce law says that a divorce has a minimum 90 day mandatory waiting period; this is a time where the spouses should ‘cool off’ and helps many people make rational decisions because emotions won’t be so high. Once the 90 day waiting period is over, the divorce may be completed – it will take at least 90 days to complete

What Is An Uncontested Divorce?

An uncontested divorce means that all of the aspects of your divorce have been agreed upon between you and your spouse. If you and your spouse can discuss and reach an agreement as to all the terms that you would like incorporated in your Decree of Divorce (and Parenting Plan if there are minor children), you can save your family thousands of dollars, and spare your family months if not years of litigation.

How Do I Obtain An Uncontested Divorce?

After meeting with you and collecting the necessary information, Lawyer prepares a Stipulation, that will contain all the necessary provisions that you and your spouse have agreed to, as well as all the provisions required by Utah law. After the Stipulation is signed by both parties, Lawyer will prepare all the additional documents necessary to obtain your Decree of

Divorce from the court.

Why Do I Need An Attorney If My Spouse And I Have Reached An Agreement On Our Own?

Even if you and your spouse have reached your own agreement, and/or utilized the court’s online assistance program, you should meet with an attorney to ensure that you have included all the necessary provisions in your divorce decree. Unlike most civil cases, divorce proceedings never really close. A decree of divorce can be modified if there is a substantial change of circumstances, or reopened if the parties neglect to include a necessary provision. Modifications can be extremely costly and time consuming. You want to get it right the first time. Additionally, if you have minor children you may need to include a Parenting Plan which you will have to live with, and abide by, until your youngest child reaches the age of majority. You owe it to yourself and your family to meet with an attorney to make sure you has addressed not only the issues you and your spouse are currently facing, but also the issues and contingencies that you may be faced with in the future.

What If My Divorce Becomes Contested?

Unfortunately, many couples cannot reach an agreement or stipulation on their own. If you and your spouse cannot reach an agreement, A Lawyer can represent you at our hourly rates. The majority of contested divorces eventually resolve through settlement, and very few end in trial. Utah Law dictates that before a court will hold a trial in a divorce proceeding, the parties must attempt to resolve the matter through mediation. Do-It-Yourself Divorce (DIY Divorce) Doing your own divorce through Utah Legal Clinic is easy and economical. The process will save you substantial money and allows you to end a marriage with minimum involvement by lawyers and the legal system. To qualify for a Do-It-Yourself Divorce, your divorce must be completely uncontested. This means you and your spouse must be in full agreement as to all terms. Many times, Utah Legal Clinic can determine quickly over the phone if you qualify for the Do-It-Yourself Divorce service. In most cases, no court hearing is required for uncontested divorces.

The Difference Between a Divorce and an Annulment

There are two options for legally leaving a marriage: divorce and annulment, and there are several similarities and differences between the two. Legally, some of the biggest differences include the type of evidence that is required to obtain an annulment vs. a divorce and the obligations to and from the former spouse with each ruling. Many religions define divorce and annulment as well, and the legal ruling does not necessarily have to align with the religious designation. The biggest difference between a divorce and an annulment is that a divorce ends a legally valid marriage, while an annulment formally declares a marriage to have been legally invalid.

Divorce: A legal dissolving, termination, and ending of a legally valid marriage. A divorce ends a legal marriage and declares the spouses to be single again. No-fault divorces, in which neither party is required to prove fault on the part of their spouse, is legal in every state, though some require that the couple live apart for a period of time before either can file. “Irreconcilable differences” is often cited as grounds for a no-fault divorce. Common grounds cited for fault divorces can include things like adultery, imprisonment, or abandonment. Regardless of type, the divorcing couples may still have disputes about property, finances, child custody, and more that must be settled through court orders. Fault divorces can lead to larger settlements for the party without fault.

Annulment: A legal ruling that erases a marriage by declaring the marriage null and void and that the union was never legally valid. However, even if the marriage is erased, the marriage records remain on file. Note that a religious annulment is not a legal dissolution of a civil marriage. There are different reasons for pursuing a divorce versus an annulment. At the core, ending a marriage is generally because one or both spouses want to leave the union. A divorce, which is much more common, is sought when the parties acknowledge that the marriage existed. An annulment is sought when one or both of the spouses believe that there was something legally invalid about the marriage in the first place. An annulment ends a marriage that at least one of the parties believes should never have taken place. If the marriage took place despite unknown facts, such as a secret child, or even a secret illness, it may be voidable. An annulment can also end a marriage if the marriage was not legal to begin with. This might occur if issues such as bigamy or incest made the marriage illegal. The legal grounds for obtaining an annulment vary between states, but typically include reasons like the following: • One or both spouses were forced or tricked into the marriage. • One or both spouses were not able to make a decision to marry due to a mental disability, drugs, or alcohol. • One or both spouses were already married at the time of the marriage (bigamy). • One or both spouses were not of legal age to marry. • The marriage was incestuous. • Concealment of major issues such as drug abuse or a criminal history

Length of the Marriage

Often, people assume that a very brief marriage can be ended with an annulment due to the short duration. However, legal experts disagree. While many states will not grant an annulment after a certain length of time, there is not an automatic annulment granted to end a marriage because the couple wants to end it after a short period of time. The marriage still has to meet one or more of the conditions above in order for it to be annulled.

Legal Assistance

Both types of marriage dissolution can be fairly complicated from a legal standpoint, requiring costly and lengthy legal proceedings. And both start the same way, with one or both of the spouses formally asking the court for either a divorce or an annulment. Either a divorce or an annulment can also be simple and low-cost if both parties agree to end the union without too many disputes or disagreements about how to do so.

After a Divorce or Annulment

Among the differences between the two types of marriage dissolution: After an annulment, the marriage is considered to have never legally happened. It is as if the clock is turned back to before the marriage. After a divorce, the former spouses may still have obligations to each other, such as spousal support, joint childrearing, and division of shared property.

Finances After Divorce vs. Annulment

After a divorce, spouses are often entitled to a certain number of years of spousal support, alimony, or a portion of each others’ profits or property gained during the marriage. With an annulment, in contrast, the parties are not really considered to have been valid spouses and are not entitled to these same rights. Instead, they will revert to the financial state they were in prior to the marriage.

Religious Rules

Many religions have guidelines regarding divorce and annulment. Often, permission is granted by religious clergy or by written guidelines. Obtaining permission to have an annulment or a divorce from your religious leaders is usually a completely separate process from the legal process. The rules regarding divorce and annulment in your religion often determine whether one, both or neither of the partners has permission to marry again within the religion or in a religious ceremony or to participate in religious rituals. A court of law may consider your religious marital status but does not have to recognize the religious determinations when making rulings about spousal support, property disputes, or any other legal issues.

Determining the Division of Property During a Divorce

Utah domestic courts focus on providing equality to both parties. When going through a divorce, certain assets will need to be split between both parties. Division of property in Utah can be complicated as each case is unique. Utah recognizes two types of property in a divorce case: separate property and marital property.

Separate Property

Separate property is defined as property belonging to one spouse. The property owned by the spouse is normally acquired before the marriage, or property left to that person through a will of a deceased loved one or acquaintance.

Marital Property

Marital property is deemed as property acquired during the marriage. Both parties may or may not be on the deed to the property together, however the property is normally paid for during the marriage. The courts will consider several factors when determining how to divide property including: • The amount and type of property to be divided • Source of the property • Health of both parties • Standard of living for both parties • Financial conditions of both parties • Needs of both parties • The earning capacities of both parties • Duration of the marriage • What both parties gave up in the marriage The division of property is related to the amount of alimony awarded. The court will consider all these factors as they make the ruling on which spouses get to keep different property. If there is a large discrepancy in the incomes of the two spouses, the court often sides with the lesser-earning party by awarding them with more marital assets.

Debt and Divorce

Marital debt is split during the divorce. Something that is not discussed is the role of the debtor in the new arrangement. Even if the debt is joined and your spouse agrees to pay for it, your credit can still be hurt if they fail to make payments. If your spouse incurred debt you were unaware of, you can be legally responsible for this debt as it is deemed joint debt. To protect you financially, Lawyer focus on full disclosure during settlement negotiations by requiring both parties to list all debtors, account numbers, and current amount of debt.

St. George Utah Divorce Lawyer

When you need a divorce in St. George Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

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Utah Code 57-1-2

Utah Code 57-1-2: Words Of Inheritance Not Required To Pass Fee.

The term “heirs,” or other technical words of inheritance or succession, are not requisite to transfer a fee in real estate.

The Rights of Heirs under a Trust or Will

Sooner or later many people find that they are going to inherit money or assets from a relative or friend’s trust or estate and that is usually a bittersweet discovery. They have lost a loved one or a good friend but are also going to receive an asset, usually tax free that can make a huge difference in one’s life. It is a gift of love from someone who often was an important part of life and that gift is often a very emotional event. And then the weeks, then months pass, and the asset somehow is not transferred and seems mired in various court or tax issues that delay the actual transfer. What was a gift from a friend or loved one becomes a matter requiring complex documentation, many meetings, letters or discussions, costs for attorneys and accountants, executors, trustees and even filing fees for courts. It may seem that the executor or trustee or legal and accounting professionals are grasping what they can from this gift of love. For many heirs, frustration and often anger mounts. We hear it all the time. What began as a gift ends up as a complicated and, at times, an apparent expensive exercise of bureaucratic inefficiency. Often the heirs have goals and plans for the inheritance that are delayed or made impossible as the probate process slogs along. The executor or trustee seems disinclined to move it along with efficiency yet seems to want his or her fees promptly. Tensions rise.

Probate versus Trust Administration

Probate: This is the public legal process by which a decedent’s property is distributed to the specified heirs under court supervision. An executor (if there is a Will) or administrator (if they die without a Will) is appointed by the court and that executor/administrator has the obligation to account for all assets, pay all creditors, pay all taxes, and, with court approval, make a formal accounting and then pay the remainder to the specified heirs. If there is a Will, the Will will specify the heirs. If there is no Will, the law will specify who inherits what. The executor or administrator receives a fee for his or her services, usually specified in a schedule published by the court and is allowed extraordinary fees if particular services are required, such as commencing litigation or selling real property. The executor or administer has a fiduciary duty to the heirs and is personally liable for failure to perform. The process is a public one with documents filed with the court and available in the court records. Normally, an accounting is filed within a year and the probate is closed with the court approving the final accounting and distribution one to two years after the probate begins.

If taxes are due the probate will remain open for at least a year since there are tax advantages in that approach. Estate taxes are only due of the assets are substantial (over five million if a single person, over eleven million for a couple) but income tax returns may have to be filed for the estate. Attorneys are usually hired by the executor or administrator to handle the various legal filings and an accountant as well to help with the accounting and tax returns. The attorney’s fees are also set by court schedules with extraordinary fees available if there is litigation or complex business aspects to the estate.

Accountants are usually paid their normal hourly fees.

Trust Administration: If one has a trust, normally there is no public probate process and the terms of the trust appoints the trustee or trustees, describes their duties, describes what fees they are entitled to, and provides for distribution of assets either outright or in trust both during the life of the creator of the Trust (the “Settlor”) and after the death of the Settlor. Trust administration is often faster than probate, but taxes still must be paid, and attorneys and accountants are usually retained by the trustee. Trustees have fiduciary duties to the beneficiaries of the trust and while there is no probate filed, the court is available to enforce the terms of the trust.

Basic Rights of Heirs

An heir is commonly thought of as someone who receives money or property from a person who has died. In legal terms, heirs are the next of kin and are the people who would normally benefit if the person died without leaving a will (died “intestate.”) The succession of intestate heirs is based on direct descendants, such as children or grandchildren. Other relatives, such as sisters and brothers, or aunts, uncles, nieces, nephews, and cousins, are called collateral heirs. If there is a written will, it specifies who will inherit and it often is not the people that would normally inherit intestate. A trust has “beneficiaries” rather than heirs, but they are treated the same as heirs in a will with their rights and inheritance being spelled out in the trust instrument. A person who receives property or a share of an estate under a will or trust has certain rights as soon as the will is probated, or the Settlor dies. Probate is designed to protect the rights of will beneficiaries. A trust beneficiary has the right to receive the share entitled in a timely manner and to receive written notice of the all substantive trust proceedings. A wise executor or trustee will provide ongoing reports to heirs and beneficiaries and, if the estate will take years to settle, will ask the court to allow preliminary distributions to the heirs. The fiduciary should promptly answer questions from the heirs as to status and the assets in the estate. Once the probate process has completed payment to creditors and taxes due as well as the accounting, distributions to heirs should promptly follow. While the trust document normally describes the process required of the trustee, the beneficiaries are also entitled to information as to assets, state of administration, and prompt payment of sums due them under the trusts.

Accounting

A beneficiary may ask the executor for an account of what actions the executor has performed for the estate. Any such report should be in writing, and the executor or trustee should be expected to provide supporting papers, such as receipts or canceled checks for payments, proof of asset transfers and statements from any estate bank accounts. The supporting papers must conform to the information the executor or trustee provides.

Executor or Trustee Compensation Approval

Beneficiaries have the right to object to the level of compensation an executor or trustee requests for services but assuming those requests are within the guidelines set by the court or trust instrument, such objections are unlikely to be approved by the court. Note that many executors do not wish to be paid since often it is a relative who acts as executor and they may waive compensation either due to family connections or because such compensation is taxable, and they may rather just inherit their share. In trusts, the compensation is normally set in the terms of the trust but if the terms are generic “reasonable” or “appropriate,” then the court is available to review and, again, conforming to the court schedule is usually required.

Fairness to Beneficiaries and Heirs

The will or trust beneficiaries are entitled to an executor or trustee who performs duties fully and honestly and without favoritism. An executor must not act in a way that harms the estate or favors one beneficiary over another, behave in a dishonest or illegal manner or fail to abide by the legal obligations. An heir may petition the court if he or she believes the executor or trustee has failed to perform duties properly but note that the burden of proof is on the petitioner. Courts give executors and trustees discretion as to many decisions and will not normally replace business judgment of the executor or trustee with the court’s own. But self-dealing or using trust resources for improper purposes is something courts will not allow. Remedies can be extreme, including personal liability of the fiduciary, removal of the fiduciary, etc.

Relief Available

Heirs can seek relief from the court via use of a petition during the pendency of the estate, or later, a complaint for breach of fiduciary duty if the wrongdoing is discovered after the estate is closed. Such a process can be expensive and prior to filing a petition or suit, careful analysis of the potential causes of action should be conducted by competent legal counsel in the venue of the estate. A trustee is subject to court review if a beneficiary claims wrongdoing and that can occur during the time of the trust or thereafter, subject to the statute of limitations. Each heir is owed a fiduciary duty by the executor or trustee. Each heir is owed an accounting and information as to actions occurring in the estate or trust and each heir is owed prompt distribution of his or her inheritance. But the heir must act to protect his or her interest and that may mean filing a petition in a court of law seeking relief.

Inheritance Law and Your Rights

Inheritance law governs the rights of a decedent’s survivors to inherit property. Depending on the type of inheritance law your state has, a surviving spouse may be able to claim an inheritance despite what you may have written into your will. This statutory right of a surviving spouse hinges on whether a state follows the community property or common law approach to spousal inheritance. Children, and sometimes grandchildren, also have a right to claim an inheritance when a parent or grandparent dies.

Inheritance Law in Community Property States

Community property is generally property acquired by either spouse during the marriage. This includes income received from work, property bought during the marriage with income from employment, and separate property that a spouse gives to the community. A spouse retains a separate interest in property acquired through the following methods: • Inheritance or a gift • Acquisition of the property prior to the marriage • An agreement between the spouses to keep the property separate from the marriage community.

In a community property state, each spouse owns a one-half interest of the marital property. Spouses have the right to dispose of their share of the community property in whatever way desired. A deceased spouse, for instance, can elect to give his or her half of the community property to someone other than the surviving spouse. Spouses cannot give away the other spouse’s share of the community property, however. A provision in a prenuptial agreement may also change a spouse’s right to distribute the property. A spouse has the sole right to dispose of their separate property. A deceased spouse can distribute both their separate property and their share of the community property in a will.

Inheritance Law in Common Law States

Unlike a surviving spouse in a community property state, a spouse is not entitled to a one-half interest in all property acquired during the marriage. In a common law state, both spouses do not necessarily own the property acquired during marriage. Ownership is determined by the name on the title or by ascertaining which spouses’ income purchased the property if a title is irrelevant. If, for example, only one spouse takes the title to a property, the spouse with the name on the deed owns the house even if the other spouse actually paid for it. A surviving spouse in a common law state has protection from complete disinheritance, however. Every common law state has different guidelines, but most common law states’ inheritance law allows the surviving spouse to claim one-third of the deceased spouse’s property. A deceased spouse can choose to leave less than a state’s mandated inheritance right, but the surviving spouse may make a claim with the court to inherit the predetermined amount. The will is carried out according to the decedent’s wishes if the surviving spouse agreed in writing to accept less than the statutory amount or the surviving spouse never goes to court to claim the legal share.

Inheritance Rights of a Spouse after Divorce

Once a divorce becomes final, many states automatically revoke gifts made in the will to the ex-spouse. In other states, a divorce has no effect on gifts to the ex-spouse. It is best to create a new will after a divorce becomes final to prevent an unintentional gift to a former spouse.

Inheritance Rights of Children

Unlike a spouse, a child generally has no legally protected right to inherit a deceased parent’s property. The law does protect children when an unintentional omission in a will occurs, however. The law presumes that such omissions are accidental — especially when the birth of the child occurred after the creation of the will. Depending on whether a spouse survives the decedent, the omitted child may inherit some portion of the deceased parent’s estate. If the omission was intentional, though, the will should expressly state this.

Rights and Liabilities of Heirs

No one is an heir to a living person. Before the death of the ancestor, an expectant heir or distributee has no vested interest but only a mere expectancy or possibility of inheritance. Such an individual cannot on the basis of his or her prospective right maintain an action during the life of the ancestor to cancel a transfer of property made by the ancestor.

Gifts and Conveyances in Fraud of Heirs

A person ordinarily has the right to dispose of his or her property as he or she sees fit, so that heirs and distributees cannot attack transfers or distributions made during the decedent’s lifetime as being without consideration or in fraud of their rights. For example, a parent during his or her life can distribute property among his or her children any way he or she wants with or without reason, and those adversely affected have no standing to challenge the distribution. One spouse can deprive the other of rights of inheritance given by statute through absolute transfers of property during his or her life. In some jurisdictions, however, transfers made by a spouse for the mere purpose of depriving the other of a distributive share are invalid. Whether a transfer made by a spouse was real or made merely to deprive the other spouse of the statutory share is determined by whether the person actually surrenders complete ownership and possession of the property. For example, a husband’s transfer of all his property to a trustee is void and illusory as to the rights of his surviving wife if he reserves to himself the income of the property for life, the power to revoke and modify the trust, and a significant amount of control over the management of the trust. There is no intent to part with ownership of his property until his death. Such a trust is a device created to deprive the wife of her distributive share. Advancements or gifts to children, including children by a former marriage, which are reasonable in relation to the amount of property owned and are made in Good Faith without any intent to defraud a spouse, afford that spouse no grounds of complaint. Good faith is shown where the other spouse knew of the advancements. If a spouse gives all or most of his or her property to the children without the other spouse’s knowledge, a rebuttable presumption of fraud arises that might be explained by the children.

Debts of Intestate Estate

Heirs and distributees generally receive property of their ancestor subject to his or her debts. The obligation of an heir or distributee to pay an ancestor’s debt is based upon his or her possession of the ancestor’s property. All property of an intestate ordinarily can be applied to pay his or her debts, but, generally, the personal property must be exhausted first before realty can be used.

Rights and Remedies of Creditors, Heirs, and Distributees

The interest of an heir or distributee in the estate of an ancestor can be taken by his or her creditors for the payment of debts, depending upon the applicable law. Advancements received by an heir or distributee must be deducted first from his or her share before the rights of creditors of the heir or distributee can be enforced against the share.

Utah Real Estate Lawyer

When you need a real estate lawyer in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

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Cybersquatting Lawyer

If you own a trademark and find that someone is holding it hostage as a domain name until you pay a large sum for it, you may be the victim of cybersquatting. Cybersquatting is registering, selling or using a domain name with the intent of profiting from the goodwill of someone else’s trademark. It generally refers to the practice of buying up domain names that use the names of existing businesses with the intent to sell the names for a profit to those businesses. The practice that’s come to be known as cybersquatting originated at a time when most businesses were not savvy about the commercial opportunities on the Internet. Some entrepreneurial souls registered the names of well-known companies as domain names, with the intent of selling the names back to the companies when they finally woke up. Opportunities for cybersquatters are rapidly diminishing, because most businesses now know that nailing down domain names is a high priority.

Recognizing Cybersquatting

• Check where the domain name takes you: As a general rule, first check to see if the domain name takes you to a website. If it does not take you to a functioning website, but instead takes you to a site stating “this domain name for sale,” or “under construction,” or “can’t find server,” the likelihood increases that you are dealing with a cybersquatter. The absence of a real site may indicate that the domain name owner’s only purpose in buying the name is to sell it back to you at a higher price. Of course, absence of a website does not always mean the presence of a cybersquatter. There may also be an innocent explanation and the domain name owner may have perfectly legitimate plans to have a website in the future. If the domain takes you to a functioning website that is comprised primarily of advertisements for products or services related to your trademark, you may also have a case of cybersquatting. For example, if your company is well-known for providing audio-visual services and the website you encounter is packed with ads for other company’s audio-visual services, the likelihood is very strong that the site is operated by a cybersquatter who is trading off your company’s popularity to sell Google ads to your competitors. • Contact the domain name registrant: Before jumping to any conclusions, contact the domain name registrant. Find out whether there is a reasonable explanation for the use of the domain name, or if the registrant is willing to sell you the name at a price you are willing to pay.

What You Can Do to Fight a Cybersquatter

A victim of cybersquatting in the United States has two options: • sue under the provisions of the Anticybersquatting Consumer Protection Act (ACPA), or • use an international arbitration system created by the Internet Corporation of Assigned Names and Numbers (ICANN). Trademark experts consider the ICANN arbitration system to be faster and less expensive than suing under the ACPA and the procedure does not require an attorney.

Using the ICANN Procedure

In 1999, ICANN adopted and began implementing the Uniform Domain Name Dispute Resolution Policy (UDNDRP), a policy for resolution of domain name disputes. This international policy results in an arbitration of the dispute, not litigation. An action can be brought by any person who complains (referred to by ICANN as the “complainant”) that: • a domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights • the domain name owner has no rights or legitimate interests in the domain name, and • the domain name has been registered and is being used in bad faith.

All of these elements must be established in order for the complainant to prevail. If the complainant prevails, the domain name will be canceled or transferred to the complainant. However, financial remedies are not available under the UDNDRP.

Suing Under the ACPA

The Anticybersquatting Consumer Protection Act (ACPA) authorizes a trademark owner to sue an alleged cybersquatter in federal court and obtain a court order transferring the domain name back to the trademark owner. In some cases, the cybersquatter must pay money damages. In order to stop a cybersquatter, the trademark owner must prove all of the following: • the domain name registrant had a bad-faith intent to profit from the trademark • the trademark was distinctive at the time the domain name was first registered • the domain name is identical or confusingly similar to the trademark, and • the trademark qualifies for protection under federal trademark laws that is, the trademark is distinctive and its owner was the first to use the trademark in commerce.

Defenses to ACPA lawsuits

If the accused cybersquatter demonstrates that he had a reason to register the domain name other than to sell it back to the trademark owner for a profit, then a court will probably allow him to keep the domain name.

What Can Be Done To Stop A Cybersquatter?

There is little you can do to safeguard completely against cybersquatting, short of buying up all conceivable domain iterations of your brand name and its potential misspellings. The most you can do is follow the best practice of checking regularly to see if a copycat website has popped up, and know what to do should it occur. Since many cybersquatting sites will attempt to trick your computer into sending over your private details or try to install malicious software on your device, it’s vital that you have the appropriate vulnerability management in place before you go investigating. A managed security service can help you safeguard your personal information and your business against phishing software and other threats. If you’re operating a business, you may want to look into investing in some CASB solutions. Cloud access security brokers (CASBs) are software tools that act as gatekeepers between your business’s local infrastructure and that of your cloud provider, ensuring that any traffic reaching your business complies with your security policies. Once you’ve carried out the checks mentioned above and have come to the conclusion that you’re dealing with a case of deliberate cyberstalking, you can: • Raise a free complaint with the auDA through its official complaints form – just remember, if found guilty, the domain name will be deregistered completely and so may be bought up again by another cybersquatter. • Consult the Dispute Resolution Policy and launch an independent arbitration process at a cost of $2,000 or more • Report the incident to the Internet Corporation of Assigned Names and Numbers (ICANN) to enact the Uniform Domain Name Dispute Resolution Policy (UDNDRP), an international policy for the resolution of domain name disputes. If your claim is successful, the domain name will be cancelled or transferred to you, but this will not result in any financial remedies • Hire a trademark attorney to look into the case for you. While this option is likely to be more pricey, it has the advantage of providing legal advice and dedicated service around your individual circumstances Another option for dealing with a cybersquatter on your domain name is to file a lawsuit against the holder of the domain. This can be done by filing a lawsuit in Federal Court under the Anticybersquatting Consumer Protection Act (ACPA). The holder of the domain name is required to respond to the lawsuit, and failure to do so can result in a default judgment in your company’s favor. However, this method often takes longer than paying a cybersquatter for the domain and can be very expensive and time-consuming as you are required to navigate the courts. Use the international arbitration system that was designed by the Internet Corporation of Assigned Names and Numbers (ICANN). Under ICANN, a trademark owner can pursue the domain name through arbitration under the Uniform Domain Name Dispute Resolution Policy (UDRP). The complaining trademark owner must be able to prove that: they own a valid trademark; the domain name is identical or confusingly similar to their company’s trademark; that the cybersquatter has no legitimate interest in the domain name; and that the domain has been registered and used in bad faith. Each of the elements of the UDRP may appear on their face easy to establish, however, the facts may not be so clear after a thorough review. What makes the UDRP attractive is its speed and relative cost-effectiveness.

Legal Mechanism for Combating Cybersquatting

The Lanham Act is the primary law on trademark infringement in both the physical and the cyber marketplaces. Although the UDRP is the overwhelming choice of regime for cybersquatting in the 15 years of operation, Panels have handed down more than 45,000 decisions covering a multiple of domain names, the great majority of which favored trademark owners; there may be reasons for preferring a civil action, reasons that lie in the differences between the two regimes. While the ACPA and UDRP (and now the URS) have similar missions, they are differently constructed. The ACPA is an “either/or” model, which means that liability rests on proof that an alleged infringer either registered or is using the domain name in bad faith. The UDRP is an “and” model, which means that liability rests on proof that the alleged infringer registered and is using the domain name in bad faith. There is one other distinguishing feature that is particularly important and rarely highlighted, which is that the ACPA is a symmetrical and the UDRP an asymmetrical regime. With the ACPA, the prevailing party is entitled to injunctive relief, damages and attorney’s fees. For trademark owners this could be a primary incentive for a civil action, although it is also a double edged sword because, if the trademark owner overreaches its statutory rights, it will pay a heavy price in the form of attorneys’ fees and damages. With the UDRP each party bears its own costs and legal fees which are modest relative to a federal action. The asymmetry lies in the fact that only the complainant/trademark owner has an affirmative remedy, which is either cancellation or transfer of the domain name to its own name. For the domain name holder, the best it can get is a clean bill finding it either has a right or legitimate interest in the domain name, in which case it wins outright; or, if it lacks a right or legitimate interest the trademark owner fails to prove abusive registration. If the trademark owner has overreached by attempting a reverse domain name hijacking the Panel is authorized to issue a declaration to that effect, but the sanction is without economic penalty. The compensatory reasons for a trademark owner choosing the UDRP lie in the efficiency of its procedures and the quickness in resolving disputes. Reasoned decisions are generally delivered within 45 days of filing a complaint. Also, in the 15 years of its existence, the UDRP has developed an impressive jurisprudence that is partly based on trademark law, but which has essentially developed in much the same way as the common law, namely through successive decisions. This makes for a fairly predicable outcome in most cases. There is no appellate procedure under the UDRP, but if either party is unhappy with the UDRP decision it may commence a de novo civil action under the ACPA.

Arbitrating Under The UDRP

The UDRP has a simple three part structure. For standing to maintain an administrative proceeding the complainant has to prove two elements: the domain name is either identical or confusingly similar to the trademark; and complainant has to have a trademark right. Applicants for trademark rights are ineligible. Other parties who may be aggrieved by a domain name registration but have no trademark rights (an individual personal name for example), have no standing to complain. If complainant has standing it must then prove that respondent lacks any right or legitimate interest in the domain name in issue. Finally, the complainant has to prove that the respondent has registered and is using the domain name in bad faith. The common denominator of bad faith is targeting a complainant’s trademark with the intent of profiting from it. Bad faith is defined by the respondent’s acts in either registering or using the domain name. There are four nonexclusive circumstances that, in practice, cover a good bit of the universe of possibilities. Bad faith is found on proof of 1. extortion, 2. expropriation, 3. competitor foul play, and 4. impersonation The first three are distinguished by focusing on registration. The fourth targets mark owners through their use of the domain name.

Cyber Law

Cyber law, is been fast evolving into its own castigation pushing the traditional law firms into lucrative new legal areas. Legal combats most active area has been domain name disputes that involve indictments of trademark infringement, habitually by cybersquatters. Introduced by United States for the first time, cyberspace specific trademark legislation with Anti-Cybersquatting Infringement Act of 1999 (ACPA) was inclusive in US Trademark law.

Trademark Law

Trademark law, has advanced to certify that the consumer is not mislead with respect to the product source. Accordingly trademark law helps maintain quality assurance. The benefits extend to the trademark owner. A trademark signifies a substantial expanse of benevolence from the view point of trust and recognition of customers. Hence, the trademark becomes valuable assets to businesses that their owners are profound to protect. Internet being most widely used commercial tool, company’s haven been beleaguered by cybersquatters. These squatters register trademarks as domain names thereby not allowing the trademark owners’ have their website created using their own mark. Since domain name disputes encompass trademark, traditional trademark law has been applied as well bigoted competition, slander, distorted and deceptive practises and passing off.

Domain Name Disputes

In 1993, very few businesses realised the commercial opportunities with internet still being in its infancy. The leading corporations were also slow to identify the use of technology provided by internet those days. In 1995, the number of domain names registered worldwide was 100,000 and 5 million in 1999. By 2000, this number jumped to 15 million domain names. In recent times, there has been a rapid increase in the growth of businesses and in respective domain name registration. Domain name registration has heated up from then.

Trademark Infringement

Domain name is the internet protocol address uniquely assigned to a single computer via internet. Once this IP address coincides with name of a business that moment it becomes a valuable asset. For instance, an IP address 192.160.1.30 when turned into something like puma.com, this leads us to a totally new world which would involve consumer recognition and loyalty towards the brand or trademark. The association with the trademark makes the domain name a profitable tool.

Free Initial Consultation with Lawyer

It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!

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Utah Criminal Code 76-5-102.6

Utah Criminal Code 76-5-102.6: Propelling Substance Or Object At A Correctional Or Peace Officer–Penalties

1. Any prisoner or person detained pursuant to Section 77-7-15 who throws or otherwise propels any substance or object at a peace officer, a correctional officer, or an employee or volunteer, including a health care provider, is guilty of a class A misdemeanor, except as provided under Subsection (2). 2. A violation of Subsection (1) is a third degree felony if: a. the object or substance is: I. blood, urine, or fecal material; an infectious agent as defined in II. Section 26-6-2 or a material that carries an infectious agent; III. vomit or a material that carries vomit;  or IV. the prisoner’s or detained person’s saliva, and the prisoner or detained person knows he or she is infected with HIV, hepatitis B, or hepatitis C;  and

b. the object or substance comes into contact with any portion of the officer’s or health care provider’s face, including the eyes or mouth, or comes into contact with any open wound on the officer’s or health care provider’s body. 3. If an offense committed under this section amounts to an offense subject to a greater penalty under another provision of state law than under this section, this section does not prohibit prosecution and sentencing for the more serious offense. Degree Depending on the facts, propelling a substance or object at a correctional or peace officer can be charged as a class A misdemeanor or a 3rd degree felony.

Elements Of The Crime

A defendant commits a class A misdemeanor propelling a substance or object at a correctional or peace officer when they are detained and throw or otherwise propel any substance or object at a peace or correctional officer. A defendant commits a 3rd degree felony propelling a substance or objects at a correctional or peace officer when they are detained and throw or otherwise propel any substance or object at a peace or correctional officer; and the object or substance is: • blood, urine or fecal material; • or the prisoner’s or detained person’s saliva, and the prisoner or detained person knows they are infected with HIV, hepatitis B, or hepatitis C; • and the object or substance comes into contact with any portion of the officer’s face, including the eyes or mouth, or comes into contact with any open wound on the officer’s body. Fine • 3rd degree felony: A fine not to exceed $5,000, plus a 90% surcharge. • Class A misdemeanor: A fine not to exceed $2,500, plus a 90% surcharge.

Restitution

The court may order the accused to pay restitution if convicted of this crime.

DNA Specimen Analysis

A defendant convicted of a class A misdemeanor or 3rd degree felony propelling a substance or object at a correctional or peace officer must provide a DNA specimen. Imprisonment • 3rd degree felony: A term of imprisonment not to exceed 5 years. • Class A misdemeanor: A term in jail not to exceed 1 year. Firearms A defendant convicted of a 3 degree felony propelling a substance or object at a correctional or peace officer may not posses, use or have control of a firearm or ammunition for life.

Different Levels Of Assault Charges In Utah

Assault charges range from a Class B misdemeanor to a second-degree felony. Depending on the circumstances of the assault and on its results, a person convicted of assault could spend up to 15 years in prison. Assault is typically considered a Class B misdemeanor, punishable by up to $1,000 in fines and up to 6 months in jail. However, it can be classified as a Class A misdemeanor if the victim is pregnant or if the act causes substantial bodily injury to the victim. A Class A misdemeanor carries up to one year in jail and $2,500 in fines. You can also face multiple counts of assault depending on the situation when you were arrested for the charge. For example, let’s say you got into a bar fight with three different people. You would then face three separate counts of assault. You only got into one fight, but it’s compounded due to the number of people involved. This means you could be facing up to 3 years in prison versus just the original 1 you would have faced with a normal Class A misdemeanor.

Aggravated Assault Charges In Utah

Aggravated assault is any assault that includes the use of a dangerous weapon. According to assault law, a dangerous weapon is any item that can cause death or serious bodily injury. Typically, aggravated assault is a second-degree felony that carries a prison sentence of 1-15 years and up to $10,000 in fines. If you are facing charges of aggravated assault, you could also be facing the additional charge of carrying a dangerous weapon with the intent to cause harm or to display it in a threatening manner. When your charges are compounded, it increases your potential jail time and any additional fines you might have to pay.

Prosecution For Assaulting A Peace Officer

Assault is a criminal offence. Assaulting a peace officer is deemed an ‘aggravated assault’ and is treated more seriously by the courts. • It is a criminal offence to assault a constable in the execution of his duty, or a person assisting a constable in the course of his duty. • It is an offence to resist or willfully obstruct a constable in the execution of his duty. The key element to both offences is whether or not the peace officer was executing his duties at the time of the alleged assault, and therefore acting lawfully at the time the alleged offence occurred. However, it will be important to establish whether or not the individual was acting in self-defense. Peace officer’s ‘duty’ This is not defined by statute; however, the courts will take into account what was necessary for the police to do to protect life and limb, to keep the peace, to prevent crime and to detect crime. Willful obstruction At common law, a peace officer is under a duty to keep the peace and prevent a breach of the peace. Willful obstruction of a peace officer is most likely to occur when the officer is exercising these common law powers. Willful obstruction typically occurs during protests when peace officers are attempting to prevent a breach of the peace, but protesters refuse to stop certain activities and obstruct peace officers performing their duties. The offence has three elements: 1. Obstruction; for instance, making it more difficult for an officer to carry out his duty, or refusing to cooperate with a police officer’s questioning. 2. The obstruction must be ‘willful’ i.e. deliberate or calculated. 3. The police officer must have been acting in the course of his duty. Assaulting A Peace Officer Assaulting a peace officer can happen at any time when a peace officer comes into contact with the public and there is the potential for a peace officer to be assaulted. This can often happen in demonstrations when they turn violent, or can happen when an officer is trying to arrest someone. Where, for example, someone resists arrests and punches the officer, this will be an assault. To prove a charge of assaulting a peace officer, the crown must establish that an assault has taken place. The law states that an assault is committed when a person attacks another person by intentionally or recklessly causing another to apprehend the immediate infliction of unlawful force. Assault may also be a battery (when a person intentionally and recklessly applies unlawful force to another). If a peace officer is assaulted at a time when he was not exercising his lawful duties, the offender may still be charged with common assault which carries a lesser sentence. On conviction of assaulting a peace, the defendant faces a sentence of up to 6 months’ imprisonment and/or a fine of up to £5,000. On conviction of obstructing a peace officer, the offender can be sentenced to up to 1 month in prison and/or a fine of £1000. How an Attorney Defend an Assault on a Peace Officer Case? These types of assault charges are serious. There are several strategies a lawyer will use in your defense: • Were there any violations of your Charter rights before, during or after the arrest? • Did the peace officer use excessive force? • Were you given proper access to a lawyer after detention? • Was the force, in fact, non-consensual? • Were you aware that you were assaulting a Peace Officer? Prosecutors must prove beyond a reasonable doubt several elements to have a guilty verdict returned by a jury. First, the prosecution must prove the assault caused bodily injury to another. Proof of injuries varies from case to case. The assault must have been committed against a peace officer who was performing law enforcement responsibilities at the time of the assault. In addition, prosecutors must prove beyond a reasonable doubt that the defendant knew, or had reason to know, the victim was a peace officer.

Prosecutors will seek the stiffest penalty allowed by Utah law when litigating an assault of a peace officer case. A conviction on this charge is a third degree felony conviction. Here is how the statute reads in the Utah Penal Code: “A person the actor knows is a public servant while the public servant is lawfully discharging an official duty, or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant.” A third degree felony may result in a jail sentence of between 2 and 10 years and a fine not to exceed $10,000.

Self-Defense

Self-defense is an effective defense to use in criminal law cases that involve the use of violence. However, a defense lawyer must prove a peace officer attacked his or her client first. Another way to argue self-defense is to assert a client felt threatened by a peace officer. Self-defense works only when the force used to repel an attack by a peace officer is proportionate to the force applied by the peace officer.

Constitutional Violations

Assault against a peace officer will trigger strong emotions from other law enforcement officers at the scene of the alleged crime. In reaction to an alleged assault, one or more peace officers might shirk their duty to uphold the constitution. Is Assaulting a Peace Officer a Misdemeanor or Felony It’s important to remember peace officers are honorable people who act with integrity and are serious about their difficult job. The profession is held to a high standard, so assaulting a law enforcement officer will not play over well in court. As mentioned earlier, assaulting a peace officer is classified as fourth-degree assault, which has the potential to be charged as a felony or misdemeanor depending on the facts of your case. According to the Utah law, physically assaulting a police officer without bodily harm is a gross misdemeanor punishable by: • Up to a year in jail; or • A fine of up to $3,000; or • Both incarceration and a fine Assaulting a peace officer is a felony in the following situations: • Physically assaulting an officer and causing bodily harm; or • Intentionally throwing or transferring bodily fluids or feces at or onto an officer. Felony fourth-degree assault is punishable by up to three years in prison, a fine of up to $6,000 or both a fine and incarceration. Defending charges for assault against a peace officer is not easy, especially since the offense commonly stems from situations of miscommunication. Defending the crime may come with its challenges, but not all hope is lost. The statute requires that you knew or had reason to believe the alleged victim was a peace officer acting within their line of duty. It may be beneficial to try and prove you did not know the alleged victim was, in fact, a peace officer. For example, the peace officer may have been dressed in plain clothes or was a non-identified school official. Another common defense against charges for fourth-degree assault is self-defense. But keep in mind; Utah states that the type and level of self-defense must be reasonable. You will have to prove you had reason to believe you were in danger and that your response was reasonable for the situation. Additional defenses could include you were defending other people, property or you were misidentified as the assailant. No two cases are alike, and there is no one defense strategy suitable for every case. The best defense you can take is contacting a criminal defense lawyer. They can evaluate the facts of your case and formulate a defense plan in your best interest.

Free Initial Consultation with Lawyer

It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

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What Are Short Sales In Real Estate?

A short sale occurs when a home is sold but the amount of the sale is not enough to cover what is owed on the seller’s mortgage loan, as well as closing costs, taxes and the commission owed to the real estate agent. In a short sale, the seller is not willing to make up the difference. Oftentimes, a short sale is happening because the owners are behind on their mortgage payments and are heading down the trail to foreclosure. Other reasons for a short sale could be because the home was bought at the peak of the market and has decreased in value, the homeowners used a large amount of their home equity toward a refinance, the owners are being relocated or they are getting a divorce.

If you are interested in purchasing a short sale, you will need to ask the seller how much is still owed on their debt. Then you can figure out the additional costs associated with the short sale. Many lenders will have their own forms to help calculate these costs. The lender and the title company will have exact figures that will be due at closing. You will also be able to find out if there are any other inspections that should be completed. When a seller decides that a short sale might be the best option, he or she will need to get the lender’s approval. Included in the approval request submission is the borrower’s W-2 forms from any employers, or if he or she is unemployed, a letter outlining the unemployment. It will also include bank statements, two years of tax returns and any other financial documents that show the amount of income and debt obligations. It is also a good idea to include a “hardship letter,” which explains the reasons why you are not able to pay the full amount of the loan. What kind of impact does a short sale have on credit reports? It is not unheard of for the lender to ask the seller to sign a promissory note. It can be for all or part of the difference between the short sale amount and the amount still owed on the debt. Overall, short sales show as negative activity on credit reports and can therefore lower credit scores tremendously. When looking to purchase a short sale property, it is important that you understand exactly what you are getting into and know that the process is a long one. Have your real estate agent walk you through each step of the short sale process.

How a Short Sale Works

In a real world, short-sale scenario, a home seller puts his or her property on the market, while formally designating the home for-sale as a potential “short sale/subject lender” deal to any potential buyers. Once a buyer agrees to make a short sale offer, the homeowner contacts his or her bank, and completes an application asking for short sale status on the home. There is no guarantee the bank will green light the application, but a short sale does eliminate many hassles associated with the mortgage loan, such as closing the books on the homeowner loan, and the bank or lender gets a portion of their loan repaid. Home sellers involved in short sales can expect to file several firms and documents to their mortgage lender. Those include a hardship letter stating why you can’t fully repay your mortgage loan, along with the filing of records like pay stubs and tax returns that back your case as being unable to repay the home loan. The bank will then review your application, send out an appraiser to estimate the full value of the property against the short sale offer, and then either approve or reject the short sale request.

Benefits of a Short Sale to a Home Seller

If the property seller is presented with a short sale opportunity, it’s a good idea to thoroughly vet all the options on the table, and calculate the risks and opportunities and look at other relative personal financial options, before making a decision. Nobody is saying a short sale is a perfect solution to a home seller who has suffered a financial setback and owns a home with where the mortgage exceeds the property’s value – but it might be the best option.

Benefits of a short sale

Credit score advantages A short sale is highly preferable from a personal credit score point of view, especially when weighed against any potential home foreclosure. Credit scoring firms take a dim view of a foreclosure, and will issue a credit score much lower than when a home seller turns to a short sale instead. That not only protects the seller’s score, it keeps them “in the game” and better able to buy another home down the road, without the burden of a significant foreclosure-induced credit score decline.

Emotional advantages

In many instances, a home mortgage is the biggest financial event of a person’s life at least before retirement. The seller avoids a “worst case scenario” of foreclosure and can honestly say they sold their home and moved on with their life. Saving on home sale fees With a traditional home sale, the seller bears the burden of fees and charges, including real estate agent commissions, which can be 3%-to-6% of the total home sale. In a short sale, those fees and commission are paid by the bank. Negatives of Short Sales to a Home Seller Short sales can create issues for sellers such as: • No cash-out: A short sale means they won’t earn any profit from the sale of the house the bank or mortgage lender gets all the sales proceeds. • Dependence on the lender: Home sellers also need a green light from their lender on a short sale they can’t make that decision on their own. • Less cash for a future home purchase: Since the seller earns no profit on a home short sale, they won’t be able to steer home sale assets toward the purchase of a new home. Instead, they’ll be starting from scratch. Benefits of a Short Sale to a Home Buyer Home buyers can take good advantage of a short sale, as well, with several advantages: • Reduced price: Primarily, the big benefit is the increased odds of getting the home for a reduced price, knowing that the house is in short sale mode, and that the owners, and likely even the bank or lender in many cases, will want to sell the home and get out from under the home loan. As any real estate agent will say, a motivated seller is a seller who wants to cut a deal, so a low-ball offer has a better chance of being accepted in a short sale than in a traditional home sale negotiation. • Less competition: Many home buyers, especially first-time buyers not used to the complexities of the process, may not want to get involved with a short sale. That opens up the field for home buyers with more patience for a short sale, and who’ll face less competition for the home. Negatives of Short Sales to a Home Buyer Short sales can have negative repercussions for buyers such as: • A longer home-purchase timetable: For buyers, the paperwork process is significantly longer in a short sale (usually up to 120 days) than in a traditional home sale (usually up to 45 days) and that may be a deal-breaker for home buyers.

• Lender interference: Lenders may also get directly involved in the home price negotiations, often asking for a higher sales price than the home seller (including the insistence that the buyer make all or most of the closing fees), in order to recoup more money on the home loan. • The property may be in disrepair: It’s also highly advisable for a short sale buyer to work with a real estate agent well-experienced in the short sale process. It’s also strongly advised that a short sale buyer hire a home inspection professional to thoroughly examine the property, as short sellers may not have the financial resources to keep up with home maintenance and repairs. Disadvantages of Buying a Short Sale Buying a short sale can be a great opportunity to get a property at a reduced price, but it can also have its disadvantages. Purchasing a short sale is a more complicated process than a typical home sale, so there are some unique risks involved when investing in this type of investment property. Long Process Short sales may not be the best choice for those wanting or needing to purchase a property quickly. Getting a short sale approved can be a long process. They can be completed in as little as a month or could take up to a year to be finalized. Many factors can influence this time table including a lender’s experience dealing with short sales, whether the seller has already been approved for a short sale and the number of lenders involved.

Subject to the Mortgage Lender’s Approval

In a typical property sale, the only one who has to approve the sale is the person who owns the property. In a short sale, this is not the case. The current owner is not the only one who must accept the offer. Since the owner is trying to get their mortgage lender to accept less than they are owed for the property, the lender must approve the sale. Lenders are not necessarily too eager to take a loss on their loan. This process is further complicated if there are multiple liens on the property, meaning you would have to get multiple lenders to agree to the short sale. Lender Could Counter, Reject or Not Respond Even if a seller has already been approved by their lender for a short sale, there is no guarantee that the lender will accept your offer. They may believe your offer is too low. If this is the case, the lender may counter your offer, flat out reject your offer or they may not even respond to it. This is a significant and real risk considering you could have already been waiting months to even get to this point. Even if the lender does counter, there is no guarantee that the price is a price you would be willing to pay based on your perceived value of the property. In addition, if there are multiple liens on the property, you will have to get the acceptance of all the lien holders. The first lien holder may accept the offer, but the second or third lien holder may reject it, so there will be more hurdles to getting the short sale approved. Opportunity Cost Short sales present another risk because the lengthy short sale process could cause you to miss out on other potential purchases. With all your time and resources tied up in short sale negotiations for months, you could miss out on an even better investment opportunity.

Property ‘As Is’

Sellers attempting to negotiate a short sale are usually experiencing some sort of financial hardship. Therefore, they may not have the money to do upkeep on their property. This inability to keep up with maintenance may be obvious, or it may lie deeper in structural, electrical or plumbing issues. When you buy a short sale, you are usually buying the property ‘as is.’ The bank is already losing money on the property, so they will not usually make concessions for these maintenance issues. It is therefore extremely important to get a home inspection so you can uncover any major issues the property may have.

Is the Seller Approved?

Just because someone advertises a property as a short sale does not mean they have been approved for one. They may think they qualify for a short sale, but unless they are actually approved by the bank or mortgage lender, this classification means nothing. Before getting involved in a short sale, you should always verify that the seller has been approved by their lender for one. If they have not, you could be wasting your time or could become involved in a process that will draw on for months or even a year. Lenders Prefer All Cash or Large Down Payments Another risk of a short sale is losing out on the property to an all-cash buyer or a buyer who is able to put down a large down payment. When agreeing to a short sale, banks and other lenders prefer to deal with these types of buyers. They see them as less risky than a buyer who needs to get a large mortgage in order to purchase the property.

Pros and Cons of Buying a Short Sale

Any buyer considering participating in a short sale should be aware of these issues:  Short sales can take a long time.: The term “short sale” is a bit misleading. The bank or lender holding the mortgage must approve the offer, instead of just the seller. The property can end up in escrow for months and months. In the meantime, a better property could come on the market and the hopeful buyer is tied up in red tape on the short sale. For that reason, it pays to have an experienced real estate agent on board.  They are sold as-is.: Unlike a traditional home purchase, the buyer of a short sale is unable to negotiate on price in exchange for needed improvements, repairs, or updates.  Make sure the lower price is really worth it: Many buyers are willing to ignore these points because they feel getting a home for a much lower price makes it worth it. However, they will need to factor in the local market conditions, such as inventory, home prices, appreciation rates and how fast homes are selling, aka “DOM” or days on market.  The good deal factor can be influenced by the market conditions: When properties are being sold well above the list prices and market value, those looking for short sale opportunities could end up on top. If short sale homes can only be purchased for prices in line with the current market value, then it may be better to focus on traditional listings.  Less competition: A definite plus with short sale listings is that there is not nearly as much competition. Because so many prospective buyers are also first timers, they tend to shy away from anything that’s not a standard transaction.  Don’t overlook needed repairs: Anyone thinking about a short sale should be aware that all too often; the disgruntled former homeowners have taken their frustrations out on the home. There have been numerous horror stories about sabotaged appliances and hidden damages left by angry parties. Another concern is that because of the owner’s financial problems, these types of homes are often in sad states of disrepair. Are you handy or have the extra funds to make things right?  Home inspections are a must: Banks are not required to reveal disclosure information like a seller in a traditional property sale would have to do. This includes legal and insurance information. Even though short sellers must complete a disclosure form, as already mentioned, they may not be up to speed on routine maintenance. It may not always be obvious that something costly to replace, such as a roof or furnace, is on its last legs. That’s why in a short sale, a home inspection should always be done. Anxious buyers should never skip this step even if they are experienced with the ins and outs of home ownership. A home inspection can reveal a lot of hidden problems such as, mold, mildew, termites, or electrical issues.  Research the community, get neighbors’ opinions if possible: It might be a good idea to chat with a few of the neighbors in order to cover all the bases towards finding out what type of situation you are getting into. They may have some extra insight or knowledge of the home’s condition, the neighborhood’s best/worst features, and so on.

Free Initial Consultation with Lawyer

It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!

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Utah Code 57-1-1

Utah Code 57-1-1: Definitions As used in this title: “(1) Certified copy” means a copy of a document certified by its custodian to be a true and correct copy of the document or the copy of the document maintained by the custodian, where the document or copy is maintained under the authority of the United States, the state of Utah or any of its political subdivisions, another state, a court of record, a foreign government, or an Indian tribe. “(2)Document” means every instrument in writing, including every conveyance, affecting, purporting to affect, describing, or otherwise concerning any right, title, or interest in real property, except wills and leases for a term not exceeding one year. “(3)Real property” or “real estate” means any right, title, estate, or interest in land, including all non-extracted minerals located in, on, or under the land, all buildings, fixtures and improvements on the land, and all water rights, rights-of-way, easements, rents, issues, profits, income, tenements, hereditaments, possessory rights, claims, including mining claims, privileges, and appurtenances belonging to, used, or enjoyed with the land or any part of the land.

“(4) Stigmatized” means: The site or suspected site of a homicide, other felony, or suicide; (a)the dwelling place of a person infected, or suspected of being infected, with the Human Immunodeficiency Virus, or any other infectious disease that the Utah Department of Health determines cannot be transferred by occupancy of a dwelling place;  or (b) property that has been found to be contaminated, and that the local health department has subsequently found to have been decontaminated in accordance with Title 19, Chapter 6, Part 9, Illegal Drug Operations Site Reporting and Decontamination Act.

How Do I Get a Copy of My Divorce Decree

If you’ve ever been married before and seek a green card based on your current marriage, you’ll need to provide to the U.S. government a divorce decree (also known as a “divorce certificate“), a certificate of annulment, or a death certificate for each prior marriage. If you already have these documents, you can move on to the next step of the marriage green card process.

Who must submit their divorce papers?

For each prior marriage, both the sponsoring spouse (the U.S. citizen or current green card holder) and the spouse seeking a green card must provide a photocopy or certified copy (with the issuing office’s seal or stamp) of their final divorce decree. You must also bring the original document or certified copy to your green card interview. What if I was previously married but wasn’t divorced from that spouse? If a previous marriage ended by your spouse’s death or by annulment, you must submit a photocopy of your spouse’s death certificate or your certificate of annulment. You must also bring the original or certified copy of these documents, whichever is applicable, to your green card interview.

Where to Get a Divorce Decree

If you filed for divorce in the United States, you generally can obtain a divorce decree from the court that issued the document. Alternatively, you can request an official copy from the office of vital records in the state where your divorce was finalized. The Centers for Disease Control and Prevention (CDC) website specifies the name and address of each vital records office, as well as the current fee for requesting the paperwork. If you filed for divorce abroad, you may find information about the issuing authority in your home country — including its name, the current fee, and procedures for obtaining an official copy — on the U.S. Department of State’s website.

If you can’t find your marriage certificate or get an official copy, you must submit both of the following documents instead: • A notarized personal affidavit (written explanation) in which you describe the facts of your marriage and the reason you’re unable to obtain an official copy of your marriage certificate • A certified statement from the appropriate government agency explaining why your marriage certificate is not available If you cannot obtain a certified statement from a government agency, you must instead provide an additional notarized personal affidavit (written statement) from one of your parents who is living or a close relative who is older than you. In the affidavit, they must attest to having personal knowledge of your marriage and describe the following: • Their relationship to you • How well they know you • How they know about the information they are swearing to

Financial Documents

It will be more difficult for a CDFA to get an accurate idea of your marital finances if he or she does not have the pertinent information. Keep in mind that these professionals are specifically trained to help you navigate a successful settlement and secure a stable financial future. Without all of the relevant data to review, you could miss out on your share of significant assets, investments, or accounts. You will need to keep in mind that documents should cover your long-term history, not just the most recent transactions. The gold standard is that your documentation should cover five years’ worth of data. Either way, three years’ worth of data should be sufficient to help your team assemble a settlement that you will be satisfied with.

The divorce financial checklist will give you the most thorough rundown of the most commonly requested items: • Income Tax Returns • Employment Records • Financial Records (such as bank statements and loan information) • Investment Account Statements • Pension Plan Information • Retirement Savings Accounts • Children’s Bank Accounts • Debt Records • Wills and Trust Agreements • Social Security Statements Some spouses might be extremely secretive about their marital finances, and hide bank information and income statements. Their insistence on keeping you in the dark is bound to make it challenging for you to find copies of your income taxes, pay stubs, and other key information, which will be pertinent during your divorce. In these circumstances, the best thing you can do is create a ruse to pump your spouse for information. If your spouse does not know that a divorce is imminent, you might consider telling him or her that you want to plan for a health emergency. Sit down together, and go over all of your insurance information and finances to make a “plan” for handling the crisis. While this tactic might not give you copies of all the information, you can at least see where your marital finances stand. Alternatively, you can take a much sneakier route for accessing the information you need. Be certain to keep an eye on your mailbox, so you can get the mail first every time. If your name is on a joint checking account, you can even head to the bank to receive copies of your bank statement. Last but not least, pull your credit report and make sure you know about all of the debt that is registered in your name. This tactic will protect you from nasty surprises after the divorce is over, such as receiving bills for credit cards and loans that you were not aware of. This financial information is crucial to helping your CDFA and your divorce attorney, but it also comes in handy when you are creating a new budget. Then you can gain a clearer picture of what it costs to maintain your current lifestyle each month. This baseline can help you adequately prepare to move out and start downs your own path toward a single income.

One of the most important steps to take before getting a divorce is understanding what each person in the marriage brought to the union. To get an idea of the important documents you need to round up for your divorce attorney or CDFA, take a look at the checklist below: • Marital Home Information • Information about Other Real Estate • Vehicle Information • Personal Property (including jewelry, artwork, collections, and antiques)

Be sure to specify which assets you personally brought into the marriage as individual property. You should be clearly identified on your list of assets, so that everyone will be clear about who should belong in the settlement.

Childcare Documents

For many couples, preparing a childcare plan is one of the most challenging aspects of a divorce. However, since caring for the children together requires financial cooperation, it is essential that you draft a potential plan at this stage. You should start by creating a list of the parenting items that are most important to you. The two of you will need to make decisions about visitation, custody, and insurance expenses. You will even need to decide which one of you will claim them as dependents on your taxes. Consider your priorities for their futures, especially their college expenses. Will you both contribute to a savings account, or will the children pay for their own tuition costs? There is no right or wrong way to handle some of these issues, so you need time to think about what will work best for your family. These ideas are meant to be the catalysts for you and your spouse to start planning how you are going to handle everything after you split into two households. By taking a draft of this information to your divorce attorney now, you are giving him or her an opportunity to see if there is anything you left off that might still need to be considered. Therefore, you will have a bit more breathing room. That way, you can reflect on what will be best for the children, instead of selecting the easiest route in the heat of the moment.

Personal Documents

Remember, your financial information is not the only consideration that a financial planner will need to take into account. You will also need pertinent information about the children, such as their: • Birthdates • Social Security numbers • Bank Accounts Personal data about you and your spouse can also help the planner draft an appropriate settlement that all parties will be satisfied with. This data can include: • The date of marriage • Birthdates for you and your spouse • Social security numbers for you and your spouse • Information about previous marriages, including divorce decrees • Prenuptial or postnuptial agreements • Judgments and pleadings that involved either spouse • Insurance policies

Other Pertinent Issues

If there are any extenuating circumstances that led up to your divorce, you will need to find documentation and proof. This documentation could factor into the final amounts of spousal support payments, and it could help make decisions about the custody of any children involved in the split. Here are a few examples of situations when you might want to seek out proof that your spouse was involved in something illicit: • Abuse • Adultery • Kidnapping • Bullying • Substance abuse • Mental illness or instability In addition, there might be other circumstances that can influence your divorce. Therefore, be sure to acquire any documentation you think might be pertinent to your case, so that the divorce attorney can review it.

Information that needs To be Changed

While you will not have to take this information to your divorce attorney, it is always a good idea to start planning ahead for things that need to be altered. You will not want your spouse’s name on documents that relate to your personal well-being, future finances, or healthcare directives. You might be able to start changing some of the information on these items, even before you file for divorce: • Life Insurance Policies • Wills • Powers of Attorney • Advance Healthcare Directives • Bank Accounts • Credit Card Accounts Before you consider heading to your divorce attorney to initiate the end of your marriage, it is critical to be prepared for what happens afterward. By following these steps before filing for divorce, you will gain some sense of control over an otherwise emotionally charged and draining situation. This divorce checklist will help you assemble documentation at your own pace. Then you will be ready for anything that your financial planner may need. In addition, gathering documents to prove and support the current financial situation in your marriage allows you to more adequately prepare for your future. It also gives you some space to reflect facts you consider some of the long-term issues that are bound to arise during a divorce settlement. By completing an accurate assessment of your lifestyle, income, and expenditures, a financial planner can help you prepare for your future as a newly single individual. Preparing a budget and evaluating your lifestyle is an essential part of establishing a firm financial future for yourself. If you utilize this financial checklist, you will be able to more clearly and accurately see what you could be entitled to during your divorce.

Lawyer For Real Estate In Utah

When you need a real estate lawyer, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

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What Does The Woman Get In Divorce?

Yes, it’s true, we have been asked this question. The short answer is a woman and a man should be treated equally in a divorce and each should received 50% of the marital estate.

Divorce, also known as dissolution of marriage, is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country or state. Divorce laws vary considerably around the world, but in most countries, divorce requires the sanction of a court or other authority in a legal process, which may involve issues of distribution of property, child custody, alimony (spousal support), child visitation/access, parenting time, child support, and division of debt. In most countries, monogamy is required by law, so divorce allows each former partner to marry another person. When those that is in a common-law relationship break up, it is referred to as separation, instead of a divorce. Divorce is different from annulment, which declares the marriage null and void, with legal separation or de jure separation (a legal process by which a married couple may formalize a de facto separation while remaining legally married) or with de facto separation (a process where the spouses informally stop cohabiting). Reasons for divorce vary, from sexual incompatibility or lack of independence for one or both spouses to a personality clash.

What Are A Woman’s Property Rights In Divorce

Much here will depend on how the property is owned and whether it is in joint names. It can also be affected by any prenuptial or co-habiting agreement drawn up when you first acquired the property. Basically, if you are married you have a right of occupation. Whether or not your name is on the deeds, you have the right to live there and not to be excluded, for instance by the other party changing the locks. If you are married and have children living with you, you may be able to secure the right to live in the property until the children have left school. In any situation, if your partner is trying to force you out of the house you should take legal advice straight away.

Financial Settlements

There are no hard and fast rules regarding your financial rights in the breakdown of a relationship or how a divorce settlement will be calculated. If you are better equipped to “re-generate” your finances than the other party, you may well receive less than they do. It can appear that you are losing out because you have worked hard, but this is the way a court is likely to deal with things. There will often be a range of possible solutions to dividing the assets, and it is important that you explain fully to your lawyer your own preferences within that range. It may be that you can come to an amicable agreement with your partner. If you can’t agree however you have the right to invite the court to decide on a division of the assets with your partner. Your lawyer will guide you through the factors that the court may take into account, such as the age of the parties, the length of the relationship, jointly and individually held assets (including property), your income and pension provisions. Sorting out these arrangements with your former partner outside the bounds of the court will save time, money and additional heartache. If there are children from the relationship, generally speaking, the court will give priority to whoever is caring for them, and will try to address the reasonable needs of the parties for things like housing. It can sometimes seem as though men have fewer rights than women. This will often be a result of any children living with their mother, who earns less, has a lower mortgage capacity and less pension provision than the other partner.

The Wife’s Grounds for Divorce

The right of the wife to demand a divorce is as legally entrenched as is the right of the husband to demand a divorce. This legal entrenchment goes all the way back to biblical times, and is not merely an adjustment to more modern contingencies. It would be a basic inequity in the relationship if the husband would be allowed to sue for divorce for whatever precipitating factor, whilst the wife would not be allowed to demand exit from the marriage no matter what happened. No one can deny that there are inequities in the system, but these inequities emanate more from abuse of the system rather than from its basic weaknesses.

What About Equity in the Law?

It is therefore not surprising and quite natural that the woman has access to exit from the marriage not only in cases of mutual desire, but also in situations when she is obviously disadvantaged by a callous and insensitive husband. To force a woman to endure the agony of a cruel husband who abuses her is unfathomable.

Irresponsibility

The primary right of a woman to demand a divorce is linked to situations when basic marital needs have been neglected, or abused by the husband. The husband is then “convinced” by the court to both grants the get to his wife, and to give her the marital contract settlement. The husband who has been derelict with regard to the sustenance that he is obliged to give to his wife, or the conjugal visitation that he must share with his wife, has thereby violated a primary responsibility of the marital covenant, and the wife has the right to a divorce in these situations. These elements of the marriage are so crucial, that their being used by the husband as a weapon with which to deprive the wife, either emotionally or physically, is considered a breach of the sacred marital trust. A woman may demand a divorce from her husband, if he has been found to be philandering with other women. There need not be proof of his having committed adultery, just of his having cavorted with other women. Even his causing her a bad name through his lecherous actions is likewise considered legitimate justification for the wife launching a divorce action. If the wife feels repulsed by her husband, it is wrong to force her to remain in the union. If the wife should make a vow that affects the marital union, such as a vow related to abstaining from conjugal union or some other impediment to marital viability, and the husband purposely fails to annul that vow, this is interpreted as a desire on his part to sever the relationship. The wife may then demand a divorce.

Marital Abuse

The husband who hits his wife, curses her, ridicules her, insults her, or insults his wife’s parents in the presence of his wife, or forbids his wife from visiting her parents or family, or whose general mode of communication with his wife is through temperamental outbursts and disrespectful language, creates a situation which is untenable. The wife cannot be expected to live in such an environment, and she is well within her rights to demand a divorce. In this situation, the wife must be able to show that this is not a rare occurrence, or an isolated outburst, but that it is reflective of the husband’s usual demeanor. Should a husband counterclaim with the charge that his behavior is instigated by her; the burden of proof is upon him. We assume the correctness of the wife’s position unless and until the husband can prove otherwise.

Unbearable Conditions

The woman whose husband insists that his mother (that is, the wife’s mother-in-law) move into the house and this thereby restricts the wife’s freedom may demand a divorce if this is an unbearable situation for her. The wife whose husband forces her into conjugal relations during her menstrual period may also demand a divorce. This is the case even if she may not be scrupulous with regard to observing the laws of menstruation, which forbid conjugal union during that period and seven days beyond. The underlying common denominator in the mother-in-law and menstrual situations is that the husband fails, or refuses, to accord to the wife the freedom, dignity and respect to which she is entitled beyond any question. The wife has the right to demand a divorce if the husband, for whatever reason, makes life unbearable for her. Aside from some of the reasons heretofore cited, this untenable situation may come as a result of the husband having developed a repulsive blemish, or having adopted a noxious habit, such as cigarette smoking. It may ensue from his having taken on a malodorous, offensive trade, from which he comes home with an intolerable stench.

Alimony

Alimony payments also known in some states as “spousal support” or “maintenance”—are alive and well in Utah divorce system. And if you earn substantially more money than a spouse to whom you have been married for several years, there is a good chance you will be ordered to pay some alimony. On the other hand, alimony generally isn’t awarded for short marriages or where you and your spouse earn close to the same amount. If alimony is ordered, you will generally have to pay a specified amount each month until: • a date set by a judge several years in the future • your former spouse remarries • your children no longer need a full-time parent at home • a judge determines that after a reasonable period of time, your spouse has not made a sufficient effort to become at least partially self-supporting • some other significant event such as retirement occurs, convincing a judge to modify the amount paid, or • one of you dies. As with most issues in your divorce, you and your spouse can agree to the amount and length of time alimony will be paid. But if you can’t agree, a court will set the terms for you. Unfortunately, having a court make the decision means there will be a trial, and that can cost you a lot of time and money.

If you expect to pay alimony

The fact you have to pay alimony to your ex-spouse doesn’t amount to a finding that you are a bad person. Consider it part of the cost of entering a marriage that you probably thought would last until death parted you, but for reasons you didn’t anticipate didn’t. Alimony has been the law for more than 100 years, and while it is ordered somewhat less frequently these days, there is no sign that courts are going to stop making alimony orders for good.

If you expect to receive alimony

The question of whether you qualify for alimony is usually resolved by looking at your capacity to earn which is not necessarily what you are earning at the time you go to court how much your spouse earns and your standard of living during the marriage. You might also be required to make some changes in your life and work. For example, if you have a part-time job that doesn’t pay well, you may be required to attempt to find full-time employment in a better-paid field. Experts called “vocational evaluators” are sometimes hired to report to the court on the job prospects for a spouse who hasn’t been fully employed for a while. The evaluator will administer vocational tests and then shop your credentials with potential employers in order to estimate how much income you could earn.

Alimony Payer

The person paying alimony should keep: • a list showing each payment (date, check number, and address to which the check was sent) • the originals of checks used for payments (keep in a safe place, such as a safe deposit box) — be sure to note on each check the month for which the support is being paid, and • if you pay in cash, receipts for each payment, signed by the recipient. Be sure to keep these records for at least three years from the date you file the tax return deducting the payments. Some lawyers and tax advisers say you should never throw away these types of records.

Alimony Receiver

The spouse receiving support should make a list that shows each payment received. Include the following information: • date payment was received • amount received • check number or other identifying information (for example, the number of the money order) • account number on which any check is written • name of bank on which check is drawn or money order issued • a photocopy of the check or money order, and • a copy of any signed receipt you give for cash payments. How are Property and Debts Divided in a Divorce? The court will generally divide the marital property in half, and each spouse will get one half of the total property. This doesn’t mean each item will be split in half; one spouse might get the car and the other spouse might get the furniture. The court can give one spouse more property than the other spouse if the court has a good reason to do so.

Division Of Marital Property In Divorce

In general, all property owned by either spouse is marital property. It can be property one of you got before or after you were married. It includes all kinds of property: personal property, homes and land, bank accounts, retirement accounts, etc. After the divorce is filed, things you or your spouse buy are not considered marital property. The court can consider many factors when making this decision, including: • The contribution of each spouse to the property. • Whether one spouse got the property before the marriage or by inheritance or gift. • The economic circumstances of each spouse at the time of the divorce. • Whether the spouse who is getting custody of the children should stay in the marital home. • The conduct of the parties related to the property (for example, has one spouse destroyed or wasted property). • The earnings or earnings ability of each of the parties. Equitable Distribution Mean Equitable distribution means fairly divided. When marital property is distributed equitably, it is divided between the two spouses as fairly as the court thinks is possible. Although this does not guarantee that the court will decide the property should be divided equally (50-50), this is usually what happens.

Separate Property

Separate property is property that one of the spouses owned before the marriage. For example, a bicycle that the wife had owned since before her marriage would be considered separate property. Any inheritance one spouse gets, even during marriage, is separate property. So are personal gifts (unless they came from the other spouse) and payments for personal injuries.

Woman Divorce Lawyer

When you need a Woman Divorce Lawyer, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

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