Miller Family Law

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Case Highlights from Miller Family Law:

  1. Defeated a request for protective order against our client, an out-of-state defendant, where petition raised decades old claims of disputed past abuse and successfully argued petitioner did not satisfy the intent of the statute by failing to show a reasonable fear of abuse.
  2. Increased property settlement for our client by 80% through negotiations with opposing counsel after multiple attorneys refused to accept our client's case.
  3. Successfully defended against a temporary restraining order alleging drug abuse and neglect of an infant where evidence of a failed drug test and warrant for arrest against our client was presented.  Argued that such evidence does not support a showing of abuse or neglect of our client's infant.  The restraining order was denied.
  4. Successfully obtained a protective order and supervised parent-time (visitation) to protect our client's child against neglect of his father during his parent-time.
  5. Assisted client in successfully recalling criminal warrants.
  6. Successfully represented father in mediation and settlement of paternity rights, obtaining favorable custody, support, right of first refusal and decision making orders.

Blog Posts

Civil Protective Orders

Today I argued an interesting case defending against a request for a protective order. The details are sensitive, but the intent of the statute was the central issue. In Utah, you may obtain a protective order if you have been abused in the past or if there is a substantial likelihood of current abuse: meaning you do not have to show both those conditions. A petitioner can request a protective order based on past abuse alone, and the court may not deny the petition based on a passage of time alone. However, the intent of the statute is to provide "a timely and simplified process whereby some level of protection and safety could be afforded to victims." Therefore, there must be some showing of reasonable fear of abuse. This distinction between a "substantial likelihood of abuse" and "a reasonable fear of abuse" is an important one.

Domestic violence is a problem on epidemic levels in Utah. Although it can be experienced by any gender, it is most often experienced by women. If you have been the victim of domestic violence or abuse, there are shelters and victim advocacy agencies throughout the state. Miller Family Law can also help you obtain a timely protective order.

On the other hand, some people in the divorce process or in the middle of a custody dispute use protective orders to harass the other party and gain the upper hand. These orders carry significant penalties and could impact your custody and parent-time for years to come. If you need help defending against a wrongful or over-reaching protective order, Miller Family Law can help.

Jeremy Miller