Kelly Moore

Thursday, November 5, 2020

Utah Criminal Code 76-5-102

Utah Criminal Code 76-5-102: Assault–Penalties
1. Assault is:
a. an attempt, with unlawful force or violence, to do bodily injury to another; or
b. an act, committed with unlawful force or violence, that causes bodily injury to another or creates a substantial risk of bodily injury to another.
2. Assault is a class B misdemeanor.
3. Assault is a class A misdemeanor if:
a. the person causes substantial bodily injury to another; or
b. the victim is pregnant and the person has knowledge of the pregnancy.
4. It is not a defense against assault, that the accused caused serious bodily injury to another.

What Is An Assault?

In legal terms, an assault refers to “the intentional creation of a reasonable apprehension of harm.” This refers to situations in which one person causes another person to fear being harmed. Thus, assault is an attempt or threat that causes another person to be apprehensive of imminent bodily harm. An example of this would be if a person pulls their fist back as if they were going to punch someone, and that person believes that they are going to be punched. Assault is often confused with battery, due to the fact that assault and battery are commonly charged together. However, assault is a separate charge from battery. Assault refers to the fear of being harmed, whereas battery refers to the actual act of harming another person. Battery is the unlawful use of force against a victim, with the intent to cause injury, or offensive touching. In some jurisdictions, assault may also be considered to be attempted or unsuccessful battery. Although assault is considered to be an intentional tort, every state has its own criminal statutes for both assault and battery. This means that an assault could serve as the basis for a civil lawsuit as well as prosecution by a state court, which could result in fines and/or jail time. An assault is carried out by a threat of bodily harm coupled with an apparent, present ability to cause the harm. It is both a crime and a tort and, therefore, may result in either criminal or civil liability. Generally, the common law definition is the same in criminal and Tort Law. There is, however, an additional Criminal Law category of assault consisting of an attempted but unsuccessful Battery.

What Are The Elements Of Assault?

Generally, the essential elements of assault consist of an act intended to cause an apprehension of harmful or offensive contact that causes apprehension of such contact in the victim. The act required for an assault must be overt. Although words alone are insufficient, they might create an assault when coupled with some action that indicates the ability to carry out the threat. A mere threat to harm is not an assault; however, a threat combined with a raised fist might be sufficient if it causes a reasonable apprehension of harm in the victim. Intent is an essential element of assault. In tort law, it can be specific intent, if the assailant intends to cause the apprehension of harmful or offensive contact in the victim or general intent if he or she intends to do the act that causes such apprehension. In addition, the intent element is satisfied if it is substantially certain, to a reasonable person, that the act will cause the result. A defendant who holds a gun to a victim’s head possesses the requisite intent, since it is substantially certain that this act will produce an apprehension in the victim. In all cases, intent to kill or harm is irrelevant. In criminal law, the attempted battery type of assault requires a Specific Intent to commit battery. An intent to frighten will not suffice for this form of assault. There can be no assault if the act does not produce a true apprehension of harm in the victim. There must be a reasonable fear of injury. The usual test applied is whether the act would induce such apprehension in the mind of a reasonable person. The status of the victim is taken into account. A threat made to a child might be sufficient to constitute an assault, while an identical threat made to an adult might not. Virtually all jurisdictions agree that the victim must be aware of the danger. This element is not required, however, for the attempted battery type of assault. A defendant who throws a rock at a sleeping victim can only be guilty of the attempted battery assault, since the victim would not be aware of the possible harm.

What Is An Aggravated Assault?

An aggravated assault, punishable in all states as a felony, is committed when a defendant intends to do more than merely frighten the victim. Common types of aggravated assaults are those accompanied by intent to kill, rob, or rape. An assault with a dangerous weapon is aggravated if there is intent to cause serious harm. Pointing an unloaded gun at a victim to frighten the individual is not considered an aggravated assault.

What Is The Punishment For Assault?

A defendant adjudged to have committed civil assault is liable for damages. The question of the amount that should be awarded to the victim is determined by a jury. Compensatory Damages, which are aimed at compensating the victim for the injury, are common. Nominal damages, a small sum awarded for the invasion of a right even though there has been no substantial injury, may be awarded. In some cases, courts allow Punitive Damages, which are designed to punish the defendant for the wrongful conduct. The punishment for criminal assault is a fine, imprisonment, or both. Penalties are more severe when the assault is aggravated. Many states have statutes dividing criminal assault into various degrees. As in aggravated assault, the severity of the crime, the extent of violence and harm, and the criminal intent of the defendant are all factors considered in determining the sentence imposed.

To prove that a person is guilty of misdemeanor assault a prosecutor must prove that:
• the accused did an act that by its nature would directly and probably result in the application of force to a person;
• the accused did that act willfully;
• the accused was aware of facts that would lead a reasonable person to realize that the act would directly and probably result in the application of force to someone;
• when the accused acted, he or she had the present ability to apply force to a person, and
• the accused did not act in self-defense, or in defense of someone else.

The terms application of force and apply force mean to touch in a harmful or offensive manner. The slightest touching can be enough if it is done in a rude or angry way. Someone commits an act willfully when he or she does it willingly or on purpose. It is not required that he or she intend to break the law, hurt someone else, or gain any advantage.

To prove that a person is guilty of felony assault a prosecutor must prove that:
• the accused did an act:
• with a deadly weapon other than a firearm that by its nature would directly and probably result in the application of force to a person, OR
• the act by its nature would directly and probably result in the application of force to a person, and the force used was likely to produce great bodily injury, OR
• the accused used a firearm,
• the accused did that act willfully,
• the accused was aware of facts that would lead a reasonable person to realize that the act would directly and probably result in the application of force to someone,
• when the accused acted, he or she had the present ability to
• apply force likely to produce great bodily injury, OR
• with a deadly weapon other than a firearm, OR
• with a firearm, the accused did not act in self-defense, or in defense of someone else.
Great bodily injury means significant or substantial physical injury. It is an injury that is greater than minor or moderate harm.
A deadly weapon other than a firearm is:
• any object, instrument, or weapon that is inherently deadly, or
• one that is used in such a way that it is capable of causing and likely to cause death or great bodily injury.
Punishment For Assault In Utah
The punishment for assault in Utah ranges from misdemeanor probation and county jail, to felony probation and state prison sentences.
Simple assault is a misdemeanor punishable by:
• up to six months in county jail,
• a fine of $1,000.
Please note that the punishment for simple assault can be doubled if committed against specified people (police officers, firefighters, medical personnel, and others).
Aggravated assault can be either a misdemeanor or a felony punishable by up to:
• one-year county jail as a misdemeanor,
• two, three, or four years state prison as a felony,
• a $10,000 fine.
Assault with the intent to commit certain felonies is a felony and generally punishable by:
• two, four, or six years state prison
• a $10,000 fine.
Please note that certain sentence enhancements or other factors might increase these penalties and make assault charges strikes under Utah law.
Defenses to assault charges in Utah could include;
• mistaken identity,
• self defense,
• defense of others,
• the force used was not likely to cause great bodily injury,
• no use of a deadly weapon.
An experienced criminal defense attorney defending a Utah assault case will:
• work with private investigators,
• interview and re-interview witnesses,
• visit crime scenes, and
• consult with experts.

What Are The Types of Assault?

In the legal context, assault implies a threat or an attempt to physically strike or touch a person in an offensive way. This is regardless if or not the contact has been made or not. The assault is a misdemeanor but it is regarded as a felony since it is an act of criminal violence against an individual. There are varied types of assault and the penalties for the same vary vehemently.

 Felony Assault: This is regarded as an attempt to attack or an unlawful attack through violence or force that has caused a physical injury to a person. In this assault, the weapon is utilized and is regarded as an assault irrespective of whether or not the victim suffers from physical pain or injury.
 Simple Assault: In this assault, the weapon is not utilized and the injuries occurred to the victim is minor in nature. This is also known as a lesser degree of assault and is usually considered as a misdemeanor and is charged for the same. The mere threat of the serious injury which the victim fears from is immediate and real enough to regard this as an offense.
 Sexual Assault: Sexual assault is regarded as the use of force against the will of the victim. This is also considered as rape and includes sexual penetration without the consent from the victim. For example, a husband can be charged and also convicted for sexually assaulting or raping his wife. Even voyeurism or improper touching is also deemed as a sexual assault. There are more serious penalties for a sex crime and the offender can be sentenced to life imprisonment. If you have faced such an issue, you can hire an assault lawyer.
 Aggravated Assault: This assault occurs with the use of a weapon or an increased amount of force. In order to be considered as an aggravated assault, the offender should have the intent to cause a serious bodily injury or use a deadly weapon like a bat, gun, knife, in order to cause a permanent or temporary injury. Assaulting a public official like a fireman, police officer, or judge is considered as a felony even if the victim has sustained only minor injuries.
What Is Needed to Prove Assault?
When proving assault, there are specific elements of proof that the prosecution must fulfill in order to prove an assault occurred. These elements of proof must be proven beyond a reasonable doubt, as it could be a defense against the assault charge if one or more elements cannot be successfully proven.
These elements of proof include:
 Intention: In order for assault to be proven, the defendant must have intended for their acts or conduct to create an apprehension of fear or harm in the victim. As such, accidental or unintentional acts are not considered to be an assault;
 Reasonable Apprehension: The victim must have been reasonably apprehensive of being harmed by the defendant. Alternatively, the victim must have reasonably perceived that a harm or threat of harm was being directed towards them. If the victim was not aware of the threat, it may not be enough to successfully prove an assault. An example of this would be when a person aims a weapon at a person, behind that person’s back, without that person being aware of what’s happening behind them;
 Imminent Harm: The victim’s harm must be a direct response to an imminent threat of harm, or a threat that is immediately about to occur. The harm can either be physical, such as a kick or a punch, or a threat of unwanted and offensive contact, such as a sexually suggestive touch or embrace. No matter the type of harm, future threats will not result in assault charges; and
 Harmful or Offensive Conduct: The defendant’s actions or conduct must have presented a physical threat, or their behavior must have been offensive to the victim. An example of this would be pretending to kick or punch the victim, or attempting to spit on them. When proving an assault, the theory of reasonableness is often brought up.

Do I Need an Attorney for Assault Charges?

You should always have an attorney. Call Ascent Law LLC if you believe you have been assaulted, or you are being accused of assault, you should immediately contact a skilled and knowledgeable criminal attorney. An experienced criminal attorney can help you understand your state’s laws regarding assault, and compile evidence supporting your claim. Finally, an attorney can represent you in court as needed.

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

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Parent Time Utah

Lawful And Unlawful Use Of Force

Divorces In Utah

Drafting LLC Operating Agreements

Utah Divorce And Custody Law

American Sign Language Attorney

{
“@context”: “http://schema.org/”,
“@type”: “Product”,
“name”: “ascentlawfirm”,
“description”: “Ascent Law helps you in divorce, bankruptcy, probate, business or criminal cases in Utah, call 801-676-5506 for a free consultation today. We want to help you.
“,
“brand”: {
“@type”: “Thing”,
“name”: “ascentlawfirm”
},
“aggregateRating”: {
“@type”: “AggregateRating”,
“ratingValue”: “4.9”,
“ratingCount”: “118”
},
“offers”: {
“@type”: “Offer”,
“priceCurrency”: “USD”
}
}

Ascent Law St. George Utah Office

Ascent Law Ogden Utah Office

The post Utah Criminal Code 76-5-102 first appeared on Michael Anderson.

Source: https://www.ascentlawfirm.com/utah-criminal-code-76-5-102/

Wednesday, November 4, 2020

American Sign Language Attorney

The Americans with Disabilities Act (ADA) requires attorneys to provide equal access to their services by providing accommodations necessary to ensure effective communication with individuals who are deaf or hard of hearing. These accommodations include qualified interpreters, CART, and assistive listening devices. Public attorneys, such as public defenders (lawyers assigned to represent people charged with a crime) or other state or local government lawyers may be unfamiliar with their obligations under the ADA. Public attorneys must ensure that communication with deaf or hard of hearing clients and members of the public are as effective as communications with others.

A public attorney must provide appropriate accommodations when necessary to provide an equal opportunity to participate in and enjoy the benefits of the lawyer’s services. A public attorney must give primary consideration to the accommodation requested by the individual who is deaf or hard of hearing. Private attorneys may be unfamiliar with their obligations under the ADA. Some private attorneys may be unwilling to provide and pay for the necessary communication access services. As a result, many deaf and hard of hearing people are unable to retain private attorneys for important legal matters, such as criminal proceedings, family law issues, and employment law matters. The ADA recognizes that private lawyers do not have to provide a specific type of auxiliary aid or service if they can demonstrate that doing so would be an undue burden (a significant difficulty or expense). To demonstrate an undue burden, lawyers must show that the cost to provide accommodations would significantly impact their practice and financial resources, which may be difficult for most law offices. When an undue burden can be shown, the lawyer must provide alternative communication access services that would, to the maximum extent possible, ensure effective communication. The NAD advocates for improved access to legal services through the establishment of a communications access fund (CAF) in each state. The CAF would cover the cost of communication access services to ensure effective communication with private attorneys. The revenue source for each state’s CAF could be generated by assessing a small annual fee to be paid by each practicing attorney licensed in that state. Several states and local jurisdictions have established CAFs for legal services.

Why Study American Sign Language (ASL)?

• Career-wise (working with Deaf people): One of the most common jobs using ASL is as an interpreter. As facilitators of communication between Deaf people and people who don’t sign, interpreters are in high demand, especially after the passage of the Americans with Disabilities Act (ADA). Interpreters work in a wide variety of settings: educational, medical, community, theater, legal, and job-related. You can work as a teacher for Deaf children. Deaf children especially need teachers who know and understand their natural language. You can become an ASL teacher. ASL is accepted as a foreign language in high schools and colleges/universities in most of the states. These are just a few examples. There are many other possible jobs working directly with Deaf people.

• Career-wise (not working directly with Deaf people): Many of your clients will be Deaf or Hard-of-Hearing. It will be to your immense advantage to be able to communicate with them directly. As a Nurse, one will be able to communicate with your Deaf patients while doing routine tasks. Elementary school teachers will possibly have Deaf children mainstreamed in their classroom. Mental health workers, social workers, and counselors who know and understand Deaf people are in high demand. In fact, Deaf people have sought out service providers who use ASL and helped augment the number of clients utilizing a particular service provider. Advocates such as lawyers or lobbyists who work with legislators will be able to use their knowledge and skill in ASL when parts of legislation affect Deaf people. Even if you don’t plan to focus on serving Deaf people, you can probably expand your client base by offering expertise in ASL. Sales assistants in stores and shops will often encounter Deaf customers seeking to make purchases. In fact, a background in ASL will be useful in absolutely any field or employment.

• Academic/Intellectual: Many people undertake to study a foreign language for the insights it gives into a group of people different than themselves. Studying a different language helps you understand your own language better. Likewise, trying to see from the point of view of other people enables you to further delve into your own. This is the very reason many baccalaureate programs require a certain number of semesters of foreign language study. Students who study ASL receive the same benefits. Furthermore, because ASL is a signed language rather than spoken or written, students obtain an additional perspective into how human languages take shape in a medium of expression other than speech. This alone makes studying ASL a unique and fascinating opportunity.

When Is Sign Language Interpreting Required By Law?

Sign language interpreting helps deaf and hard of hearing people communicate, and in the United States, it is often legally required. The Americans with Disabilities Act of 1990 established a series of measures to prohibit instances of discrimination because of a person’s disability. The ADA requires that the communication needs of hard of hearing and deaf persons are met, and this frequently demands the use of an American Sign Language (ASL) interpreter.

Sign Language Interpreting & Discrimination Law

The ADA very clearly states the need for proper communication with hard of hearing and deaf individuals. Specifically, the ADA states: “No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation.”

Additionally, discrimination includes:
“…a failure to take such steps as may be necessary to ensure that no individual with a disability is excluded, denied services, segregated or otherwise treated differently than other individuals because of the absence of auxiliary aids and services…” The ADA definition of “auxiliary aids and services” includes “qualified interpreters or other effective methods of making aurally delivered materials available to individuals with hearing impairments.” Therefore, any place of public accommodation is required to provide sign language interpreters or other effective means of communication for hard of hearing individuals. Depending on the situation, other effective means of communication may include assistive listening devices.

Where Sign Language Interpreting Is Required

One extremely important area covered by the ADA is the medical field, where sign language interpreting services are often required. Hospitals, for instance, must provide an appropriate means of communication to any patients, family members, or hospital visitors who may be hearing impaired. This is applicable in all hospital areas, from the emergency room to the gift shop. In some cases, the ADA specifies that an effective form of communication may consist simply of a written note, but if a conversation is more complicated such as explaining a patient’s symptoms or a medical procedure a qualified ASL interpreter may be necessary. The ADA extends beyond medical settings and also covers areas like the legal, educational, law enforcement, and employment systems. If a company is interviewing a deaf individual, for instance, they are required to provide sign language interpreting. Similarly, hard of hearing defendants in a legal proceeding must be provided with an interpreter. The ADA even covers the hospitality industry. For example, hotels must meet hard of hearing communication needs by providing a teletypewriter the device hard of hearing persons need in order to use a telephone to guest rooms upon request, and they must also have a teletypewriter available at the front desk.

Penalties for Non-Compliance

According to ADA standards, it is usually up to the institution in question to provide and pay for any necessary sign language interpreting. If an institution does not comply by providing ASL interpreting to meet the needs of a hard of hearing individual, it may suffer serious penalties. The key phrase used by the ADA when it comes to deaf and hard of hearing individuals is “effective communication.” Whatever is necessary to ensure effective communication is required, by law, to be done. Although the details of what “effective communication” entails may be hazy in some cases, there’s no doubt that ultimately sign language interpreting is the most straightforward way for institutions to fulfill their obligations under the ADA.

How to Find a Sign Language Lawyer

First, call Ascent Law LLC. We want to help you. Many people prefer to find a lawyer who is deaf or hard of hearing, a lawyer who understands and is familiar with deaf and hard of hearing people, or a lawyer who knows American Sign Language. However, you need a lawyer who is experienced in your type of legal problem. Like doctors, most lawyers have expertise in specific areas of the law. For example, a lawyer who defends people accused of a crime might not be a good choice if you need a divorce. When you contact lawyers, ask them if they have experience with your kind of legal problem. If they do not, ask them if they can recommend a lawyer who can handle your kind of legal problem. Most people hearing, hard of hearing, or deaf are puzzled about how to find a lawyer to help them with their legal problem.

However, here are some tips to help you find an advocate or lawyer in your state who may be able to help you with discrimination or other legal problem:
• Ask your family, co-workers, and friends if they have used a lawyer and if they were satisfied with the lawyer’s work.
• Look in your telephone book yellow pages under “lawyers” or “attorneys.” There will probably be many listings, and some of them will identify the kind of legal problems they handle.
• Go to the public library, and ask for the reference librarian. The librarian can help you use a directory of lawyers to find a local lawyer who handles legal problems like yours.
• Contact your state’s office that serves people who are deaf or hard of hearing, or the office that serves people with disabilities, for advocacy support and information about advocacy and legal services in your state.
• The National Disability Rights Network (NDRN) is the largest provider of legally-based disability discrimination advocacy services in the United States. There is at least one NDRN office in every state and territory. The nickname for these offices is “Protection and Advocacy” or “P&A. Your state’s P&A office may be able to help you – if you have a disability discrimination question or problem. If your state’s P&A office cannot help you, they may be able to give you names of lawyers in your state who may be able to help you.
• Search the Internet for your state’s name and the words “bar association” (the association for lawyers licensed in your state. Most state bar associations have a “lawyer referral” program. They may give you the names of several lawyers who handle your type of legal problem. Often, there will be a low cost for the first consultation. After you meet the lawyer, the lawyer will explain his or her usual fee arrangements and you can decide if you want to hire that lawyer.

• If you are unemployed or have a very low income, you may be eligible for free legal help from your local legal aid society, legal services office, or a nearby law school’s legal clinic program. Your state’s bar association may have information about these services, too.
• If you are charged with a crime, you may be eligible for a court-appointed lawyer or public defender.
The Americans with Disabilities Act (ADA) requires lawyers to provide equal access to their services by providing accommodations necessary to communicate effectively with you. These accommodations include qualified interpreters, CART, and assistive listening devices. Communication with a lawyer is very important. Explain your communication needs clearly. It is important to be able to understand each other so you can explain your situation and the lawyer can explain your legal options. You may have to explain how to use the relay system or how to use an interpreter. Call in advance to make appointments to see your lawyer. If you cannot make it to your appointment, let the lawyer know ahead of time, especially if the lawyer had to hire an interpreter or other services to communicate with you! If you do not understand legal words, ask the lawyer to explain what they mean! It may also be helpful and may save the lawyer time (and save you money) to use alternatives such as fax and email to ask and answer some questions. If your lawyer is unable to communicate effectively with you, needs information about the ADA, or has questions about representing and working with clients who are deaf or hard of hearing, ask your lawyer to contact the NAD Law and Advocacy Center.

Here Are Some Tips for Working with Your Lawyer

• Make sure you understand the lawyer’s rates and billing system. Ask questions if you are not sure about the lawyer’s fees or the expenses you will pay.

• Be prepared when you meet with a lawyer. Bring all paperwork connected with your legal problem. It may be helpful to write out your questions ahead of time.
• Be upfront with the lawyer. Tell the lawyer everything you can about the situation. Don’t hide information or facts or think that they are not important. Let the lawyer decide what is important!
• Don’t wait too long before you contact a lawyer. Investigating a legal problem and preparing legal papers take time. Give your lawyer enough time to do a good job.
Can An Attorney Refuse To Serve An Individual Simply Because That Individual Is Deaf?
Under the ADA, attorneys cannot refuse to serve someone solely due to disability. So, for example, it would be unlawful discrimination for an attorney who practices personal injury law to refuse to meet with an individual who has been injured in an accident simply because that client is deaf.

Does An Attorney Have To Provide Services To Deaf Individuals Beyond The Services Provided To Other Individuals?

Attorneys are not required to fundamentally alter the services they provide in order to serve individuals with disabilities. So, an attorney who only practices bankruptcy law would not be required to meet with a deaf individual to discuss that individual’s housing discrimination issue.
When Is An Attorney Generally Required To Provide A Sign Language

Interpreter To A Client Or Potential Client Who Is Deaf?

When the client or potential client asks for a sign language interpreter in order to participate in a meeting with the attorney. Throughout this document, client is used to refer to both client and potential client. The ADA does not distinguish between an attorney’s obligation to provide effective communication at an initial meeting to evaluate a potential case and a later meeting with a client who has signed a retainer agreement.
Is An Attorney Required To Provide A Sign Language Interpreter If The Client Does Not Ask For One? Generally, no. However, it may be helpful for an attorney to offer to provide a sign language interpreter or other auxiliary aid/service if he or she is having difficulty communicating with a deaf client. Keep in mind that it is generally to the advantage of both the attorney and the client to ensure that communication is clear.

Are There Any Situations In Which An Attorney Can Refuse To Provide A Sign Language Interpreter To A Deaf Client?

The ADA permits attorneys to offer alternate auxiliary aids/services if those will meet the client’s need. For example, some individuals who are deaf might be able to communicate by computer assisted real time translation (CART). If so, it would be okay for an attorney to offer CART as an alternative to a sign language interpreter. As a practical matter, please keep in mind that because American Sign Language (ASL) or other manual communication is generally the first language of most people who are deaf, many deaf individuals are not proficient in reading written English and may only be able to effectively engage in complex communications through use of a sign language interpreter. In addition, the ADA does not require attorneys to provide auxiliary aids or services if doing so would constitute an undue financial or administrative burden or fundamentally alter the nature of their services. However, these standards are very difficult to meet. Determining whether providing a particular auxiliary aid or service constitutes an undue financial or administrative burden should be evaluated by looking at the overall resources of the attorney’s practice. The fact that the cost of providing an auxiliary aid or service to one client may be more than the fees paid by that client to the attorney is not a sufficient reason for an attorney to refuse to provide an auxiliary aid or service. Generally, sign language interpreters and other auxiliary aids/services needed by people with disabilities will not constitute an undue financial or administrative burden or fundamentally alter the nature of the attorney’s program.

A Qualified Sign Language Interpreter

A qualified sign language interpreter is an interpreter who can translate sign language into speech and speech into sign language in order to provide effective communication. It is generally not appropriate for family members or friends to interpret for a person who is deaf.

ASL Attorney

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

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Domestic Violence Lawyer Utah

Deadliest Days In Utah

Are Divorces Expensive?

Corporate Lawyer Layton Utah

Parent Time Utah

Lawful And Unlawful Use Of Force

Ascent Law St. George Utah Office

Ascent Law Ogden Utah Office

The post American Sign Language Attorney first appeared on Michael Anderson.

Source: https://www.ascentlawfirm.com/american-sign-language-attorney/

Lawful And Unlawful Use Of Force

Utah is a stand your ground state. This means that one does not have to retreat, or find safety, before resorting to force. To qualify for this type of defense, the defendant has to be in a place where he or she has a legal right to be. Therefore, the stand your ground rule can apply on private or public property. A stand-your-ground law (sometimes called “line in the sand” or “no duty to retreat” law) establishes a right by which a person may defend one’s self or others (right of self-defense) against threats or perceived threats, even to the point of applying lethal force, regardless of whether safely retreating from the situation might have been possible. Such a law typically states that an individual has no duty to retreat from any place where they have a lawful right to be (though this varies from state to state) and that they may use any level of force if they reasonably believe the threat rises to the level of being an imminent and immediate threat of serious bodily harm and/or death. There are some situations where a person is not authorized to use self-defense. First, a person cannot use force in self-defense when he or she has initiated a conflict. This rule prevents people from starting fights and evading the legal consequences. Second, a suspect may not claim self-defense when he or she is assisting in, or committing a felony crime. Third, when a person voluntarily agrees to enter a fight (by words or conduct) he or she cannot use the defense. However, there is one exception to the rule prohibiting a claim of self-defense in a mutual fight. If the aggressor formally withdrawals from the fight and is attacked, he or she can rely on self-defense.

Utah Misdemeanor and Felony Assault Laws

An assault can be defined as an attempt to do bodily injury to another with unlawful force or violence, an act committed with unlawful force or violence that causes bodily injury to another, or as an act that creates substantial risk of bodily injury to another. It can be the use of unlawful force or the attempted use of unlawful force that creates a substantial risk of bodily injury to another. In Utah, a person commits the crime of assault by causing, threatening, or attempting to cause injury to another person. Assaults that cause serious injuries, assaults committed with dangerous weapons, assaults by prisoners, and second and subsequent assaults against law enforcement officers and military personnel are felony assaults.

What are the Different Levels of Assault Charges in Utah?

There are different levels when it comes to the classification of assault. Simple assault is considered a Class B misdemeanor in Utah, and it occurs between two people that don’t have any prior relationship with one another. For example, a fist fight between two strangers would be considered a simple assault. If the victim of a simple assault is a pregnant woman, then the charge can be enhanced to a Class A misdemeanor.

What are the Factors That Would Enhance Assault Charges?

If there is substantial bodily injury or a weapon involved, then a Class B misdemeanor could be enhanced to a felony. An assault with a weapon is pretty broadly defined under the code, but it can enhance a charge of simple assault to a charge of aggravated assault, which is a third degree felony. A third degree felony is the lowest degree of felony in Utah. The order of charges from least serious to most serious is as follows: Class B misdemeanor, Class A misdemeanor, third degree felony, second degree felony, first degree felony. Felony level charges are very serious, especially assault charges.

Who Would Be Classified as a Special Victim in an Assault Case?

A special victim is a person who is over the age of 65 and/or somewhat incapacitated. Assault on a police officer can enhance an assault charge. Sometimes assault on a minor can enhance an assault charge, but there would also be a charge of child abuse. A person can potentially be charged for assault and child abuse if they assault someone who is under 18 years of age.

How Does the Degree of Injury Affect the Level of Assault Charges?

The degree of injury can make a difference. Simply shoving someone is considered an assault, but it won’t necessarily result in bodily injury. However, if you punch someone and break their nose, then there is clear bodily injury and the charge could be enhanced as a result. If you severely injure someone, then the charge could be enhanced to a felony. A charge can also be enhanced for the age of the victim, the use of a weapon, the degree of the assault and the degree of the injury. Many variables can go into a prosecutor’s decision regarding which level of assault to charge a defendant.

Does an Alleged Victim Have to Be Injured in Order to Bring Assault Charges?

No, an alleged victim does not have to show injury for an assault to have occurred. According to the statute, even an attempt to assault someone is considered an assault. Similarly, creating a substantial risk of bodily injury is considered an assault. So, a person could be charged with an assault without having actually injured or even touched another person. People have to be very careful when dealing with situations that could lead to assault.
In Utah, a charge of assault can be based on any of the following:
• an act that causes bodily injury or creates a substantial risk of bodily injury
• an attempt to cause bodily injury, or
• a threat to cause bodily injury.
The act, attempt, or threat must be committed with or accompanied by unlawful (unjustified) violence or force. That the victim caused serious bodily injury to another person is not a defense to a charge of assault. Under Utah’s laws, bodily injury is defined as physical pain, illness, or impairment. Cuts or bruises are usually considered bodily injury.
Substantial Bodily Injury
Assaults that cause substantial bodily injury are punished more severely in Utah. Substantial bodily injury creates or causes lasting physical pain, temporary disfigurement, or temporary loss or impairment of any body part. Cutting someone’s face with a knife and kicking someone in the head are the kinds of injuries that might be considered substantial bodily injury.

Assaults Against Protected Victims

In Utah, assaults against certain victims are punished by longer jail terms. Assaults against pregnant women (if the defendant knows of the pregnancy) are punished more severely. Utah’s laws also punish more severely assaults against certain public officials and employees, including:
• law enforcement officers (including university and school police, district attorneys and attorneys general, sheriffs, park rangers, airport and transit police, and other public employees who prevent and detect crime)
• uniformed members of the military
• members of the National Guard in active service
• public or private school employees and volunteers, and
• health care providers, including emergency medical service personnel such as paramedics who are providing emergency medical services.
In order for the increased punishment to apply, the victim must be acting in the scope of the victim’s official duties or employment, and the defendant must be aware that the victim is an official or employee. Lawmakers expressly stated in the prohibition against assaults on law enforcement officers and military personnel that the law is not intended to limit any individual’s constitutional rights to free speech and assembly. It is also a crime to throw things at a correctional or law enforcement officer in Utah. This crime is committed when:
• a prisoner (a person in jail or another detention facility, including a juvenile facility), or
• a person detained or arrested on suspicion of having committed a crime
• throws any object or substance
• at any correctional officer or law enforcement officer.

Hate Crimes

In Utah, hate crimes are criminal activities, including misdemeanor assault, committed with the intent to intimidate or terrorize the victim in order to infringe on or resulting in an infringement on the victim’s civil rights. These crimes are punished more severely than non-hate crime assaults. In the prohibition against hate crimes, lawmakers made clear that the law is not intended to limit any individual’s right to free speech or any other Constitutional rights.

Different Levels of Assault

In Utah, an assault charge can range from a Misdemeanor B to a 2nd Degree Felony.
A Misdemeanor B charge requires either:
• an attempt, with unlawful force or violence, to do bodily injury to another
• a threat, accompanied by a show of immediate force or violence, to do bodily injury to another;
• an act, committed with unlawful force or violence, that causes bodily injury to another or creates a substantial risk of bodily injury to another
Any of these actions can become a Misdemeanor A charge if:
• the person causes substantial bodily injury to another; or
• the victim is pregnant and the person has knowledge of the pregnancy.
These actions can become a 3rd Degree Felony if:
• the person uses a dangerous weapon, or
• other force or means likely to produce death or serious bodily injury.
And, finally, a 3rd Degree Felony Assault can become a 2nd Degree Felony Assault if it actually results in serious bodily injury. Also, there are several more “specific” kinds of assault, such as Assault Against an Officer, Assault of a School Employee, Assault by a Prisoner, etc.
Note: there isn’t a “battery” crime under Utah state statute (except for sexual battery), because the assault statute now includes things that were typically considered “battery.”

Possible Penalties for an Assault Conviction

As stated above, it depends on the level of offense. Here’s a chart showing maximum penalties depending on the level:
• 2nd Degree Felony: 1-15 years in prison, $10,000 fine.
• 3rd Degree Felony: 0-5 years in prison, $5,000 fine.
• Misdemeanor A: 1 year in jail, $2,500 fine.
• Misdemeanor B: 6 months in jail, $1,000 fine.
It is unusual for judges to impose a “maximum” jail/prison sentence, but it is a possibility. More likely is some combination of jail/prison, community service, fines, probation, and possibly anger management classes.

“But What If It Was Self Defense?”

Utah law does provide a “defense” to the crime based on a claim of self-defense, specifically: “A person is justified in threatening or using force against another when and to the extent that the person reasonably believes that force or a threat of force is necessary to defend the person or a third person against another person’s imminent use of unlawful force.” If you have a self-defense claim, a key question will be whether or not your belief that you had to defend yourself was “reasonable.” This will be a matter for the jury (or sometimes the judge) to decide. Some of the relevant factors under the self-defense law are:
• the nature of the danger
• the immediacy of the danger;
• the probability that the unlawful force would result in death or serious bodily injury;
• the other’s prior violent acts or violent propensities; and
• any patterns of abuse or violence in the parties’ relationship.
It’s important to note that the defense may not work if you provoked the altercation or you were the “initial aggressor.” Typically, this is a very fact-specific determination that must be argued and resolved at a trial, so it helps to have a good assault attorney helping you out.

“But What If I Never Even Touched the Other Person?”

Most people think of assault as, at the least, a shove or punch–some sort of physical contact–but that’s not the case. Assault certainly can include a shove or punch, but it also can include “an attempt, with unlawful force or violence, to do bodily injury to another or a threat, accompanied by a show of immediate force or violence, to do bodily injury to another.” So, technically, you could be convicted of assault if you tried to throw a brick at someone’s head, but missed. You could also be convicted if you got up in someone’s face and threatened to beat them up. However, threatening someone over the phone probably would not be an assault crime (although it may be another crime) because it’s hard to make a show of immediate force or violence over the phone.

Free Initial Consultation with Lawyer

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

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Domestic Violence Lawyer Utah

Does It Matter Who Files For Divorce First?

Corporate Lawyer Provo Utah

Counterfeiting Legal Defense In Utah

Parent Time Utah

Ascent Law St. George Utah Office

Ascent Law Ogden Utah Office

The post Lawful And Unlawful Use Of Force first appeared on Michael Anderson.

Source: https://www.ascentlawfirm.com/lawful-and-unlawful-use-of-force/

Tuesday, November 3, 2020

Parent Time Utah

The Probate and Family Court always used to call the time children spend with a parent they do not live with “visitation.” In July 2015, the Court changed the words they use on their forms to “parenting time.” The Court says that “parenting time” is the time that children spend with the parent they do not live with. The Court still uses the word “visitation” for supervised visitation and grandparent visitation. Parenting time and visitation decisions can be part of a larger case, like divorce cases, or the case can just be about parenting time or visitation.

How do judges make parenting time and visitation decisions?

Judges make these decisions based on “the best interests of the child.” The “best interests of the child” requires courts to focus on your child’s needs.

Parenting time schedules
Often you and the court decide on a parenting time schedule. An example of a parenting time schedule is:
• every other weekend from Friday at 6:00 P.M. through Sunday at 3:00 P.M. and
• on alternating weekends on Saturday from 9:00 A.M. until 5:00 P.M. and
• once a week after school on Wednesdays from 3:00 P.M. until 6:00 P.M.
This is just an example of a parenting time schedule. Your schedule should be based on the needs of your child and the daily schedule of each parent.
“Reasonable” parenting time
If parents can communicate easily, sometimes you will not need a parenting time schedule. Instead your parenting time can be flexible and you can arrange visits between yourselves. This is called “reasonable parenting time.” If communication between you and the other parent is not good, it is almost always best to have a detailed parenting time schedule so you do not have to be in constant contact to try and agree about the schedule.

Transportation for parenting time or visitation
The law does not say which parent must provide transportation for parenting time or visitation. So, you need to come up with an agreement about transportation. If you cannot agree, the Court can make an order that says who is responsible for transportation in your case.
Supervised visitation

Sometimes, it may not be safe to leave your child alone with a parent during visitation. In these situations, the court can order supervised visitation. Supervised visitation means another person stays with the visiting parent during visits. It is the supervisor’s job to make sure that your child is safe and feels safe. The supervisor also makes sure that the visiting parent acts appropriately. The court prefers to order a supervisor that both parents can agree on. The court also thinks it is important for your child to be comfortable with the supervisor. Generally, the supervisor can stop the visit if he or she believes your child is not safe during the visit. Supervised visitation is important if the visiting parent is abusive, has an alcohol, drug abuse, or other problem that could put your child in danger.
Parenting time and visitation when one parent has abused the other
If there has been violence between you, often it is not safe to have contact with each other during parenting time or visitation. Sometimes abusive parents use parenting time or visitation to continue to have contact with and control the other parent. Your child may be at risk during visits with a parent who has been abusive to you. In those situations, think about supervised visits.
You can make visitation safer for yourself and your child by thinking about:
A clear schedule
A clear schedule makes a parent-child relationship possible so you do not have to be in constant contact with each other. A good way to avoid contact with an abusive parent during parenting time or visitation is to have someone else pick up and drop off your child for parenting time or visits. That person should be someone that both of you trust and agree on. Or, if visits are supervised, one parent can drop off the child and leave before the other parent arrives. Even with a schedule, there will be times you must communicate with each other. It is often best not to have to communicate directly. You can choose someone you both trust to contact the other parent if either of you needs to change plans. This arrangement allows you to deal with changes and not have to be in direct contact with the other parent.
If the court has decided that one of the parents is an abusive parent, the court must provide for the safety and well-being of your child and the safety of the abused parent in visitation orders.
The court may order:
• drop off and pick up of your child in a safe place or in the presence of an appropriate person;
• visitation supervised by an appropriate person, visitation center, or agency;
• the abusive parent to attend and complete a certified batterer’s treatment program to have visitation;
• the abusive parent not to possess or use alcohol or controlled substances during visitation or 24 hours before;
• the abusive parent to pay for supervised visitation;
• no overnight visitation;
• the abusive parent to get bond for the return and safety of your child;
• investigation or appointment of a guardian ad litem or attorney for your child;
• anything else necessary for your safety and the safety and well-being of your child.

Can my child visit with the other parent if I get a restraining order?
A restraining order can meet your safety needs and still allow for visits with your children. For example, if you want your children to visit with the other parent or have contact with the other parent, you can ask the judge to order that the “no contact” part of the restraining order apply to you but not to your children. Talk to a lawyer or a domestic violence advocate about getting a restraining order that can keep you safe and still allow your children to have visits or contact with their other parent. If a restraining order allows the abusive parent to have contact with your children, this is not the same thing as giving the abusive parent visitation rights. Courts are not supposed to give visitation rights to a defendant in a restraining order case.
No parenting time or visitation
In rare situations, it may be in your child’s best interest not to have any contact with one parent. An example is when a parent has abused your child and even in a supervised visit your child would be traumatized by seeing that parent. Orders denying one parent any parenting time or visitation are rare. But a court can order it to protect your child from more harm.
Parenting time, visitation, and child support – What is the connection?
Parents
• Who do not pay child support can still have parenting time or visitation.
• Who do not have parenting time or visitation can still be ordered to pay child support.
If a parent
• pays child support, they do not automatically have parenting time or visitation.
• has parenting time or visitation, they do not automatically have to pay child support.
If a parent does not
• pay child support, they can still have parenting time or visitation.
• have parenting time or visitation, the court can still order them to pay child support.
What Happens When A Parent Withholds Parenting Time In Utah?
Parents who have had their Utah custody orders entered into a court of law or do not have the right to withhold parenting time from the noncustodial parent. Both parents must obey the order of the court. Even if child support is not being paid or being paid irregularly, custodial parents do not have the right to withhold parenting time. Likewise, a parent may not withhold child support payments because they are being denied parenting time. Sharing custody is never an easy process. If you are facing custody issues in Utah, contact child custody attorney now to determine your best course of action moving forward. Some ways that you can work out your custody issue include getting a show cause order in the case, seeking a modified order, working with a parent coordinator, or undergoing a custody evaluation.
Enforcement of Parent Time And Child Custody Orders
When one party does not follow the order of parent time or child custody issued by a Utah judge, then the other parent can file a Motion to Enforce Domestic Order (Order to Show Cause) that asks the court to enforce its previously entered order. This enforcement order can also include a request for extra parent time. It is possible that the court will hold the non-compliant party in contempt of court, subjecting them to the payment of fines or even a jail sentence.

Modifying A Custody Order
Sometimes custody arrangements just don’t work as intended, usually due to changes that have occurred since the order was entered. Either parent can ask the court to modify a previous custody or parenting time order provided there is a valid reason to do so. The court requires that parents have a substantial material change in their circumstances since the issuance of the original order before requesting modification. The modification must also be in the best interest of the child(ren).
Working With a Parent Coordinator
The Utah courts sometimes help parents resolve conflicts regarding parenting issue and custody problem by appointing a parent coordinator. This person is a mental health professional who has a background in child development. It is the job of the parent coordinator to provide advice for parents to help them resolve their differences and establish a more workable parenting plan. Parents are not under obligation to accept the suggestions of the parent coordinator, and all discussions with the coordinator are held in confidence.
Custody Evaluation

Either parent can request a professional custody evaluation through the court. This evaluation looks at the custody issues being experienced and determines whether or not the current custody arrangement still makes sense for all involved
What must the custodial parent prove for the optional schedule to apply?
First, the noncustodial parent must establish that he or she has been involved in the child’s life. Second, he or she must show an ability to communicate with the other parent regarding the child Third, that the noncustodial parent must be able to accommodate the extra time. Fourth, the noncustodial parent must show that the extra time would be in the child’s best interest. Finally, the noncustodial parent can raise any other good reasons. Parents will want to show that they have had responsibility for the child in the past. Also, document any homework or extracurricular activity involvement. Meals, bath time, and bedtime are key activities, as are bonding and other similar activities.
Understanding the Difference between Child Custody and Parenting Time
A divorce is more than two people separating; it is the disintegration of a family’s structure. Legal separations get messy when there are children involved. Unless it is an extreme case of abuse, it is unfair to separate the child/ children from the parent because the adults have issues. Proper parenting starts with the combined effort of both parents. Custody and parenting hours are two terms that pop up during divorce settlement. Custody is the responsibility and the rights the parents have among them to support and care for their children. When custody is decided, visitation hours are also specified. Visitation is the how’s and when’s of a parent visiting a child.
Custody types
In general, there are two types of custody-
• Legal custody which permits the parent to decide the best for the child like welfare, education and healthcare
• Physical custody where the choice to live with which parent is made.
Both can be joint custody when the parents come together as a team to make decisions that is in the child’s best interest. Alternatively, one parent can take sole responsibility for the child. The legal responsibilities include residence, religion, child care, school, sports, travel etc.
Parenting schedule orders
Visitation or parenting time is the plan which the parents devise to distribute time between themselves with the child. When a parent is allotted less than half time with the child, visitation hours are allotted. The frequency of visitation is case specific.
There are four variations of visitation:
• Scheduled visits– Think of this as a time table like the one most of us had in school. There is a specific pre-determined schedule. The flexibility of the hours depends on the equation and understanding between the parents. This schedule ensures that there is no conflict or confusion in the visitation hours.
• Reasonable visits: These are open ended and there is no specific time which is allotted to each parent.
• Supervised visits: When the child’s safety and wellbeing is in question, all visits are supervised either by the other parent, or an adult chosen by the parent or a professional agency.
• No visits: In extreme cases, if any visit from a parent is stressful or unsafe for the child, the parent does not receive visitation rights.

Parent Time Attorney

When you need a parent time 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

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

What Does A Private Placement Memorandum Look Like?

Best Interests For The Child

Corporate Lawyer South Jordan Utah

Forgery Legal Defense In Utah

Domestic Violence Lawyer Utah

Ascent Law St. George Utah Office

Ascent Law Ogden Utah Office

The post Parent Time Utah first appeared on Michael Anderson.

Source: https://www.ascentlawfirm.com/parent-time-utah/

Domestic Violence Lawyer Utah

Domestic violence means any criminal offense involving violence or physical harm with a cohabitant, including assault, a threat of violence or physical harm, or an attempt to commit a criminal offense involving violence or physical harm. Cohabitants refer to people living together as boyfriend/girlfriend, spouses, or the parents of a child. When we say domestic violence, we are talking about a criminal offense that involves a cohabitant. There can be domestic violence assault, domestic violence criminal mischief and domestic violence in the presence of children. Criminal mischief essentially means damaging property. For example, if you and your spouse got into an argument and you threw a plate, causing it to break, then that would be considered criminal mischief. If your children were present during that time, that would be considered domestic violence in the presence of children. I’d like to think of it as an enhancement; it’s more serious because of the familial relationship.

How Serious Are Domestic Violence Allegations In Utah?

In Utah, once the police show up to a domestic violence call, there is about a 95% chance that one person is going to go to jail. It’s almost an unwritten rule that if they have to go out there and get in the middle of your familial relationships, then someone is going to jail. It just seems that way; it’s not an official rule. When that person goes to jail, they don’t automatically get a bail or a bond like they would with other offenses, such as DUI or theft. A lot of times they have to wait there until they can be seen by a judge. They are prohibited from contacting the alleged victim, and they are not going to be able to reach them through the phones at the jail. If they go in on a Friday night, they might not see a judge until Monday morning. Even if they do get out of jail on Monday morning, the terms of the release will disallow them from having any contact with the alleged victim. That means that they won’t be allowed to enter the residence without the assistance of a police officer- not even to gather some clothes for work.

Are Orders Of Protection Automatically Placed In A Domestic Violence Case?

If charges are filed, part of the prosecutor’s duty is to contact the alleged victim or victims and see if they want the criminal court to enter an order of protection. An order of protection is not ordered automatically; it’s the prosecutor’s obligation to make contact with the victim and see what they want. If they want that order in place, then it could stay in place as long as the criminal court has jurisdiction over the case. Depending on the outcome of the case, that could be 12 to 18 months. I see those orders of protection being issued quite frequently because the victims are afraid and worried about their children, their health and their safety.

How Are Domestic Violence Charges Determined To Be Either A Misdemeanor Or A Felony?

There are different things that can make a charge a felony versus a misdemeanor. Aggravated assault, the use of a weapon, very serious injury, and criminal mischief resulting in over $2,500 worth of damage could all lead to felony charges. Another factor that’s taken into consideration is whether or not there are prior domestic violence convictions. For example, if you have an ongoing problem with one of your family members and you were charged and convicted with domestic violence a year ago, then your next domestic violence offense could be enhanced to a Class A misdemeanor. If you have another episode six months down the road, then that can be a felony. Basically, the determining factors are the classification of the charge, the seriousness of the damage involved and prior convictions.

Suing for Domestic Violence

Although for many years suing ones spouse was prohibited under spousal privilege, these days most states do allow one to sue your spouse, either while still married or afterwards. Ten states (Arizona, Delaware, Hawaii, Illinois, Iowa, Louisiana, Missouri, Ohio, Texas, Utah, and Wyoming) and Washington D.C. still do prohibit immediate family from suing one another. But even these states generally allow exceptions for “intentional torts,” or specific and purposeful acts of wrongdoing on the family member’s part. All of the typical behaviors which generally constitute domestic violence assault, battery, psychological abuse, etc… are almost certainly categorized as “intentional,” so you can likely sue in these states as well.

What Kind of Behavior can be Considered Domestic Violence?

There is no all-encapsulating definition of what constitutes domestic violence; every state defines it differently. But any of the following behavior:
• Slapping, punching, pulling hair or shoving
• Forced or coerced sexual acts or behavior such as unwanted fondling or intercourse, or jokes and insults aimed at sexuality
• Threats of abuse-threatening to hit, harm or use a weapon on another, or to tell others confidential information, and
• Psychological abuse-attacks on self-esteem, controlling or limiting another’s behavior, repeated insults and interrogation.

Why Should I Sue my Abuser?

Besides the obvious possible financial benefits, suing your abuser in tort can provide a sense of emotional relief and control. If you’ve missed work because of your abuse, you can receive lost wages and medical expenses, as well as general damages for pain and suffering. Some states will even allow punitive damages, which are meant to punish the defendant, and can be considerable sums of money that can help you start a new life. But obtaining vindication through the court system comes at a cost. There is certainly a lot of stress involved, and already damaged family ties will be further strained. It also difficult for many victims to just recognize their own abuse; actually taking the abuser to court may be too difficult for them to contemplate. But sometimes when victims realize the position they’ve been put in and want to fight back, suing their abuser may be the best way to break ties with the past, especially if the abuser may be going to jail anyway. And while litigation is expensive, courts can often force the abuser to pay your litigation fees, and many attorneys work on contingency.

If you’re considering bringing a tort action for injuries you received from a family member, keep the following points in mind:
• Is it worth it? Does your abuser have the money to pay damages?
• Does the abuser have insurance? Home owner’s insurance will NOT pay for intentional torts, but will pay for negligence (you might be able to frame your abuse as the result of negligence)
• If you are getting a divorce, be careful of signing a marriage settlement, which will often include clauses to prevent suits for any past abuse.

Understanding how domestic violence charges work in Utah is important if you have been charged with domestic violence. In Utah, there is not a single crime that is specified as “Domestic Violence” rather, there are many crimes that are considered a “Crime of Domestic Violence”. To be considered a crime of domestic violence the offender and the victim must have a relationship that is included in the definition of cohabitant that has been set forth in Utah law. Some of these relationships include:
• Husband
• Wife
• Ex-husband
• Ex-wife
• Common law husband
• Common law wife
• Roommates
• Individuals that have a child together
• Individuals related by blood or marriage
Some of the most common criminal charges that are classified as domestic violence crimes in Utah include:
• Simple assaults
• Aggravated assaults
• Criminal mischief
• Protective order violations
• Stalking

If you are convicted of a domestic violence offense, you should understand that you will more than likely be restricted from possessing a firearm pursuant to federal law. You will also be required to complete an assessment and 12-14 weeks of counseling through the Division of Child and Family Services. If you are accused of domestic violence you may find that the accusation is followed by a protection order for or against your spouse and children. Being accused or convicted of a domestic violence charge can be scary.

How Domestic Violence Affects Child Custody in Utah

The effects of domestic violence are far-reaching and can leave visible and invisible scars for years to come. A parent’s past record of abuse, also called “domestic violence,” may significantly alter the outcome of a child custody case. In cases of chronic abuse, a parent may have limitations placed upon his or her visitation rights, or in the most extreme situations, the abusive parent may lose his or her parental rights entirely.

Protective Orders

In situations where domestic violence is ongoing or there is a fear of future abuse, a protective order may be appropriate. Utah’s court website provides protective order forms and basic information about obtaining a protective order. In order to obtain a protective order, you must show that you have been harmed or threatened by one of the following categories of individuals:
• current or former spouse (including spouse by common law marriage)
• person who resides or formerly resided at your same residence
• person who shares a child or unborn child with you, or
• person related by blood or marriage.
If a judge determines that domestic violence has occurred in your case and is likely to occur in the future without court intervention, your protective order will be granted.

Central to any custody decision is what sort of living and visitation arrangement best serves the child’s emotional well-being. Utah recognizes two types of custody: legal custody (decision-making authority) and physical custody (where the child resides). While Utah courts prefer joint or shared custody situations, a history of domestic violence could serve as justification for a judge to deviate from a joint custody arrangement and limit the abusive parent’s visitation with his or her child.
Impact of Domestic Violence on Child Custody Orders in Utah
In determining the best interests of the child, evidence of domestic violence is one of several factors considered and weighed in a custody decision. A single, unreported incident of domestic violence does not automatically mean a parent will lose visitation rights. However, a chronic history of abuse or a parent’s failure to protect his or her children from domestic violence could result in restrictions on custody and visitation or a complete termination of parental rights.

Supervised Visitation

Supervised visitation may be required in cases of chronic or recent domestic violence; it requires the presence of another adult at visitation sessions between the child and abusive parent. Although restrictive, a supervised visitation order does not mean that the abusive parent will only ever receive supervised visits with their child. Nevertheless, before the supervised visit requirement can be lifted, the abusive parent must prove to the court that the child would be safe in his or her care and there is no likelihood of ongoing abuse.

Termination of parental rights

When a judge decides to terminate a parent’s custodial rights, including all rights to visit with or otherwise parent his or her child, the decision is permanent and cannot be undone by a parent’s subsequent good behavior. A judge will only terminate parental rights in the most extreme circumstances. Some reasons a Utah court would terminate parental rights include sexual abuse of any child, causing a disabling injury of or disfigurement of the child, murder or attempted murder of any child, and intentionally or recklessly causing the death of the child’s other parent.

Ways to Help a Victim of Domestic Violence

• Make Time for Them: If you decide to reach out to an abuse victim, do so during a time of calm. Getting involved when tempers are flaring can put you in danger. Also, make sure to set aside plenty of time in case the victim decides to open up. If the person decides to disclose years of pent-up fear and frustration, you will not want to end the conversation because you have another commitment.
• Start a Conversation: You can bring up the subject of domestic violence by saying “I’m worried about you because …..” or “I’m concerned about your safety…” or “I have noticed some changes that concern me…” Maybe you’ve seen the person wearing clothing to cover up bruises or noticed that the person has suddenly become unusually quiet and withdrawn. Both can be signs of abuse. Let the person know that you will be discreet about any information disclosed. Do not try to force the person to open up; let the conversation unfold at a comfortable pace.
• Listen Without Judgment: If the person does decide to talk, listen to the story without being judgmental, offering advice, or suggesting solutions. Chances are if you actively listen, the person will tell you exactly what they need. Just give the person the full opportunity to talk. You can ask clarifying questions, but mainly just let the person vent their feelings and fears. You may be the first person in which the victim has confided.
• Learn the Warning Signs: Many people try to cover up the abuse for a variety of reasons, and learning the warning signs of domestic abuse can help you help them:
Physical Signs:
• Black eyes
• Busted lips
• Red or purple marks on the neck
• Sprained wrists
• Bruises on the arms
Emotional Signs:
• Low self-esteem
• Overly apologetic or meek
• Fearful
• Changes in sleeping or eating patterns
• Anxious or on edge
• Substance abuse
• Symptoms of depression
• Loss of interest in once enjoyed activities and hobbies
• Talking about suicide
Behavioral Signs:
• Becoming withdrawn or distant
• Canceling appointments or meetings at the last minute
• Being late often
• Excessive privacy concerning their personal life
• Isolating themselves from friends and family
Believe the Victim: Because domestic violence is more about control than anger, often the victim is the only one who sees the dark side of the perpetrator. Many times, others are shocked to learn that a person they know could commit violence. Consequently, victims often feel that no one would believe them if they told people about the violence. Believe the victim’s story and say so. For a victim, finally having someone who knows the truth about their struggles can bring a sense of hope and relief.

Reasons Why Victims Stay

It can be hard to understand why someone you care about would seemingly choose to stay in an abusive or unhealthy relationship. Here are a few reasons why it’s not easy to part ways.
• Fear of harm if they leave
• They still love their partner and believe they will change
• Their partner promised to change
• A strong belief that marriage is “for better or worse”
• Thinking the abuse is their fault
• Staying for the children
• Lack of self-confidence
• Fear of isolation or loneliness
• Pressure from family, community, or church
• Lack of means (job, money, transportation) to survive on their own