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Restraining Order

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Restraining Orders in Utah

A restraining order is generally referred to as a temporary restraining order or a “TRO” in Utah. A TRO is somewhat self-explanatory since it is literally a temporary emergency order. It is in effect for a short period of time. In order to be able to request a TRO, you must already have some kind of case with the court system. This would generally be a custody case or a divorce case.

A TRO is appropriate only when there is a possibility that irreparable harm will take place unless the court issues an order to prevent that harm. 

 

How to get a restraining order:

In order to request a TRO, you must meet the restraining order requirements:

  • There must be an underlying case. You must have some kind of case already filed with the court whether that be a custody case or a divorce case.
  • A TRO is only meant to be used in extraordinary circumstances where there is the possibility of irreparable harm. If you are filing for one, you must show proof of irreparable harm if the TRO is not issued by the courts. 
  • The TRO cannot go against the public interest.
  • You must be likely to win the underlying case that you’ve filed with the court.

 

If you’d like to apply for a TRO, please review the instructions on the Utah Court’s website.

You can also find out more by scheduling a consultation with one of our attorneys.

 

Protective order or restraining order?

There is a difference between a restraining order and a protective order. A TRO is generally used in family law cases as described above. A protective order is frequently mistaken as a restraining order, but it is usually issued when there is a history of or a reasonable concern/fear of abuse. When someone says that they want to get a restraining order, they generally mean that they want to get a court order of protection of abuse. 

In Utah, protective orders are most frequently issued in cases of alleged domestic violence. They are issued for the victim (aka the petitioner) so that the alleged domestic abuser (aka the respondent) is ordered to not commit violence against the people listed in the order, not to contact the people listed in the order and to stay away from places like the petitioner’s home, school or work. For a full description of what a protective order can do, visit the Utah Court’s website. You can also visit the our link , here, of what a protective order can do.

For more information or a consultation, call or text Intermountain Legal at 801-990-4200.

 

 

Warrant in Utah

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Warrant in Utah

What is a warrant for arrest?

A warrant is something that the judge signs in order to allow a police officer to arrest you and hold you in jail until you appear in court. A warrant in Utah can be issued for various monetary amounts and is dependent on how serious the charge is. Warrant in Utah. What do I do if there is a warrant for my arrest?

How do I know if there is a warrant for my arrest?

If you suspect that you may have a warrant for your arrests, you should contact an attorney as soon as you can. An attorney can look up the warrant and can tell you what it is for. 

Can I handle a warrant myself?

Generally, when you contact an attorney for a consultation, they can tell you whether or not you can handle the warrant yourself. If it is something minor, like a traffic ticket, you may be able to contact the court to set a date to see the judge to get it taken care of. 

If your case is more serious, it is generally recommended that you hire an attorney to help you get the warrant taken care of. An attorney can help you to get the warrant recalled and may be able to arrange a time to appear in court to take care of the warrant. 

Can I travel when I have a warrant out for my arrest?

Technically, yes. However, it is generally not advisable to take any unnecessary risks by traveling by air. Additionally, you should drive very carefully in order to avoid traffic tickets while the warrant is active. 

What is an “active warrant”?

An active warrant is a warrant that has been issued by the judge. A warrant will remain active until the subject of the warrant is arrested and booked into jail or a judge recalls it.

To read more about Utah’s warrants, click here.

To find more advice on what to do about a possible warrant for your arrest, click here.

Sex Crimes Lawyer in Utah

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Sex Crimes Attorney at Intermountain Legal

Intermountain Legal offers legal representation for those who have been accused of sex crimes. Our attorneys understand the sensitive nature of these types of cases and possess the discretionary skills needed to handle them effectively. Intermountain Legal’s sex crimes attorneys handle both violent and non-violent sex crimes including:

  • Rape
  • Statutory rape
  • Sexual battery
  • Sexual abuse of a child
  • Bigamy
  • Incest
  • Child pornography
  • Soliciting a minor
  • Lewd conduct
  • Voyeurism
  • Internet Sex Crimes
  • Juvenile sex offenses

Sentencing for Sex Crimes and Sex Offender Registration

Utah uses something called an “intermediate sentencing system” meaning that a judge and the Board of Pardons and Parole has some discretion in determining a defendant’s release date and sentencing requirements. The caveat is that some sex crimes carry mandatory sentencing requirements in which a defendant who is convicted of a certain crime, such as sexual assault, is required to spend a specific amount of time in prison.

Hiring a defense attorney that specializes in defending those who have been charged with sex crimes is generally worth the time and effort since defendants who are convicted generally continue to feel the effects of of conviction long after the case is over.

Call or text Intermountain Legal at 801-990-4200 for a free consultation.

Medical Marijuana in Utah

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Utah Legislature passed the Utah Medical Cannabis Act in December 2018. This allows medical providers to recommend medical marijuana to qualifying patients. Intermountain Legal has created a quick reference sheet, patient checklist and FAQ’s to help medical cannabis patients in Utah know what they can currently do to comply with the Utah Medical Cannabis Act.

Utah Medical Marijuana Cannabis Act Information and Questions by Intermountain LegalAdditionally, in collaboration with Utah Patients Coalition, we have created a brief legal analysis and letter you can download and take to your medical provider.

Our Utah medical marijuana/cannabis resources (PDFs available):

 

Related: Utah medical marijuana news articles featuring Intermountain Legal attorney(s):