What Is Emergency Custody? 

Emergency custody is a temporary court order that grants one parent or guardian sole custody of a child when there is a significant and immediate risk to the child’s well-being. These orders are typically issued when a child is in danger due to: 

• Abuse or neglect (physical, emotional, or sexual) 

• Substance abuse by a parent or caregiver 

• Domestic violence in the home 

• Parental abandonment 

• A parent’s incapacity due to mental illness or other factors 

When Can You Request Emergency Custody? 

Emergency custody orders are granted in cases where waiting for a standard custody hearing could put the child at further risk. Some common scenarios where emergency custody may be granted include: 

• A parent has been arrested for domestic violence or child abuse. 

• A parent has relapsed into substance abuse and is unfit to care for the child. 

• A child has been left in unsafe conditions or abandoned. 

• A parent has threatened to harm the child or take them out of state without permission. 

How to File for Emergency Custody in Utah 

If you believe your child is in danger and you need immediate legal protection, follow these steps to request emergency custody: 

1. Gather Evidence of the Emergency 

Before filing, you need to present strong evidence showing why emergency custody is necessary. This may include: 

• Police reports documenting domestic violence, abuse, or neglect 

• Medical records showing injuries or signs of mistreatment 

• Witness statements from teachers, neighbors, or family members 

• Text messages, emails, or voicemails containing threats or admissions of harm 

2. File a Motion for Temporary Emergency Custody 

You must submit a formal motion (legal request) to the Utah family court explaining the urgent circumstances and why emergency custody is necessary. This motion should include: 

• A detailed statement of the emergency 

• Evidence supporting your claims 

• A request for a hearing (if needed) 

3. Attend an Emergency Custody Hearing (If Required) 

In some cases, the court will issue a temporary order based on the documents provided, but in others, a hearing may be scheduled within a few days. At the hearing, both parents may be allowed to present evidence and testimony. 

4. Obtain the Temporary Custody Order 

If the judge grants emergency custody, the order will specify: 

• Who has temporary legal and physical custody of the child 

• Any restrictions on the other parent’s visitation or contact 

• The duration of the emergency order (usually until a full custody hearing can be held) 

5. Follow Up with a Permanent Custody Modification (If Necessary) 

Emergency custody orders are temporary, usually lasting a few weeks to a few months until a more formal custody arrangement is established. If the danger to the child is ongoing, you may need to request a modification of custody to make the change permanent. 

What If You Need Immediate Protection? 

If you fear immediate harm to your child, you should: 

• Contact law enforcement if there is an active threat. 

• Request a protective order if the danger involves domestic violence. 

• Work with a family law attorney to file the emergency custody request quickly. 

Get Legal Help for Emergency Custody in Utah 

Emergency custody cases are time-sensitive and complex. If you believe your child is in immediate danger, it’s crucial to take action quickly and ensure all legal steps are followed correctly.  

Need help with an emergency custody case? Contact us today for a consultation. 

The post How to Get Emergency Custody in Utah – Steps to Take in Urgent Situations  appeared first on Christensen Law - Salt Lake City Family Lawyers.

Going through a divorce doesn’t always mean standing before a judge in a courtroom battle. In Utah, couples have several options to dissolve their marriage without the stress and expense of litigation. Mediation, collaborative divorce, and uncontested divorce processes can help spouses reach agreements outside of court while still ensuring a legally valid divorce. 

If you’re considering divorce but want to avoid court, here’s what you need to know about your options.  

Uncontested Divorce: The Simplest Path

An uncontested divorce is the fastest and least expensive way to get divorced in Utah. This occurs when both spouses agree on all major issues, including: 

• Division of assets and debts 

• Child custody and parenting time 

• Child support and alimony 

Steps to File for an Uncontested Divorce in Utah: 

1. Meet the Residency Requirement – One spouse must have lived in Utah, in the same county, for at least three months immediately before filing. 

2. File the Divorce Petition – The petitioner (spouse initiating the divorce) files a Petition for Divorce with the district court in their county. 

3. Serve the Other Spouse – The petition must be legally delivered to the other spouse unless they waive service. 

4. Submit a Settlement Agreement – If both spouses agree on all terms, they can submit a Stipulation of Divorce outlining their settlement. 

5. Wait the Mandatory 30 Days – Unless waived, Utah requires a 30-day waiting period before the court finalizes a divorce. 

6. Judge Reviews and Signs the Decree – If everything is in order, the judge signs the final Divorce Decree without requiring a hearing. 

Best for: Couples who can fully agree on all aspects of their divorce and want a simple, court-free process. 

Mediation: Resolving Disputes Without a Trial 

Mediation is a required step in all Utah divorce cases, but it can also be used voluntarily prior to litigation. In mediation, both spouses work with a neutral mediator to negotiate agreements on contested issues. 

How Mediation Works in Utah: 

1. A certified mediator helps facilitate discussions on property division, custody, and support. 

2. Mediation is confidential and designed to encourage compromise. 

3. If successful, the couple submits a signed mediation agreement to the court. 

4. Once approved, the divorce can be finalized without a trial. 

Best for: Couples who need help reaching agreements but want to avoid a courtroom battle. 

Collaborative Divorce: A Team-Based Approach 

A collaborative divorce is a structured process where both spouses hire attorneys trained in collaborative law. Instead of fighting in court, they commit to resolving issues through negotiations. 

What Makes Collaborative Divorce Different? 

• Each spouse has an attorney who focuses on settlement rather than litigation. 

• Experts like financial planners or child specialists may be involved. 

• If negotiations break down, both attorneys must withdraw, and the couple must hire new attorneys for litigation. 

Best for: Couples who want a cooperative, lawyer-guided divorce process without going to trial. 

Divorce by Default: When the Other Spouse Doesn’t Respond 

If one spouse files for divorce and the other fails to respond within 21 days (if served in Utah) or 30 days (if served outside Utah), the court may grant a default divorce without requiring a hearing. 

How Default Divorce Works: 

• The petitioner files the divorce petition and serves their spouse. 

• If the respondent doesn’t answer within the deadline, the petitioner can request a default judgment. 

• The court reviews the request and may finalize the divorce without any further input from the absent spouse. 

Best for: Cases where one spouse is uncooperative or missing, and the filing spouse follows all legal steps. 

Arbitration: A Private Court Alternative 

Arbitration is a lesser-known option where a private arbitrator (often a retired judge or attorney) makes binding decisions on divorce matters. Unlike mediation, where spouses negotiate their own agreement, an arbitrator has the authority to decide the case. 

Best for: Couples who want a legally binding decision but prefer privacy and efficiency over a public court trial. 

Which Option is Right for You? 

While avoiding court can save time and money, the best approach depends on your situation. Consider: 
 

• Uncontested Divorce – If you agree on everything and want a fast, simple process. 

• Mediation – If you need help resolving disputes but want to stay out of court 

• Collaborative Divorce – If you prefer a team-based approach with legal guidance. 

• Default Divorce – If your spouse refuses to participate. 

• Arbitration – If you want a legally binding decision without a formal trial. 

Talk to a Utah Divorce Attorney Today 

Every divorce is unique, and the right path depends on your specific circumstances. If you’re considering a divorce but want to avoid the courtroom, our experienced Utah family law attorneys can help guide you through the best alternative for your needs. 

Contact Christensen Law today for a consultation with one of our experienced divorce attorneys.  

The post Can You Get a Divorce Without Going to Court in Utah? appeared first on Christensen Law - Salt Lake City Family Lawyers.

Filing an appeal is your opportunity to challenge a court decision that you believe was incorrect due to legal error. However, strict deadlines apply, and missing these deadlines can prevent you from pursuing your case further. This post will explain everything you need to know about filing an appeal in Utah, including deadlines, exceptions, and steps in the process. 

How Long Do You Have to File an Appeal in Utah? 

When filing an appeal, Utah law imposes a 30-day deadline in most cases. This time limit begins on the date the final judgment or order is entered by the court. However, the deadline varies depending on the type of case: 

• Civil Cases: Participants have 30 days to file a notice of appeal from the date of entry of the final judgment. 

• Criminal Cases: Defendants have 30 days to appeal a conviction or sentence. 

• Juvenile Cases: Participants may have as few as 15 days to file a notice of appeal after entry of the final decision 

• Eviction Cases: Participants have as few as 10 business days to file a notice of appeal after entry of the final decision. 

• Certain Cases Affected by Uniform Public Expression Protection Act: Participants have as few as 21 days to file a notice of appeal after entry of a final decision  

Make sure to confirm the exact date of entry of final judgment on the docket, as missing the deadline could result in the court dismissing your appeal. 

What Is a ‘Final Judgment’ or ‘Order’? 

A final judgment refers to a court’s final decision that resolves all claims and issues in a case. This typically signals the end of the trial court process. In civil cases, certain temporary or intermediate orders (like child custody modifications) cannot be appealed until the final ruling is made. Similarly, in criminal cases, the final order usually refers to sentencing. 

If you’re unsure whether your case has reached a final judgment, it’s crucial to consult with an attorney. 

Exceptions to the Appeal Deadline 

While the 30-day deadline is standard, there are limited exceptions: 

1. Post-Trial Motions: 
   • If you file a motion to amend the judgment, for a new trial, or to set aside a decision, your appeal deadline may be paused until the court resolves these motions. 

2. Request for Extension: 
   • Under certain circumstances, you may request an extension of time to file an appeal. Utah courts may grant this request, but only if there is a valid reason, such as procedural delays or unavoidable circumstances. 

3. Extraordinary Circumstances: 
   • In rare cases, exceptions may be made if the court finds a significant legal error or other extraordinary factors affecting your right to appeal. 

What Happens If You Miss the Deadline? 

Failing to meet the appeal deadline can have consequences, including: 

• Losing your right to appeal. 

• Enforcement of the original court decision without further review. 

• Limited options for legal recourse unless extraordinary circumstances exist. 

If you’ve missed the deadline, contact an appellate attorney immediately to explore whether there are any options to file a late appeal or find other relief. 

Steps to File an Appeal in Utah 

If you’re ready to move forward with filing an appeal in Utah, here are some of the key steps: 

1. File a Notice of Appeal: 

Submit your notice of appeal to the court where the original case was heard. This document formally notifies the court and opposing parties of your intent to appeal. 

2. Pay the Filing Fee: 

Pay the required appeal filing fee. If you’re unable to afford the fee, you can apply for a waiver by submitting a request to the court. 

3. Submit the Appellate Brief: 

Your appellate brief is a written document that explains your legal arguments and the errors made in the original case. Utah appellate courts have strict rules regarding the format and submission of briefs. 

4. Attend Oral Arguments (if scheduled): 

In some cases, the appellate court may schedule a hearing where both sides can present their arguments. However, most appeals are decided based on written briefs alone. 

Frequently Asked Questions (FAQs) 

1. Can I represent myself in an appeal? 

Yes, you can, but appeals are highly technical. Mistakes in filing or presenting arguments can lead to dismissal. It’s advisable to hire a lawyer familiar with appellate procedures. 

2. How long does the appeal process take in Utah? 

The process can take anywhere from several months to over a year or two, depending on court schedules and case complexity. 

3. Can I appeal a temporary custody order? 

Generally, temporary orders are not appealable until the case concludes. However, there are exceptions in urgent and special circumstances. 

Contact Us for Help Filing an Appeal in Utah 

If you’re considering filing an appeal in Utah, don’t wait until it’s too late. Our experienced attorneys can guide you through the process and help protect your legal rights.

Contact us today for a consultation. 

The post What Are the Deadlines for Filing an Appeal in Utah? appeared first on Christensen Law - Salt Lake City Family Lawyers.

What Is Alienation of Affection? 

Alienation of affection is a civil lawsuit where a wronged spouse sues a third party—often an alleged affair partner or someone who intentionally influenced the marriage’s breakdown—for damaging the marital relationship. To succeed in such a case, the plaintiff must prove: 

• A loving marriage existed. 

• The defendant’s wrongful actions caused the loss of affection. 

• The loss of affection directly harmed the marriage. 

These cases can extend beyond extramarital affairs. For example, in-laws, friends, or other individuals who meddle in a marriage may also be defendants. 

How Alienation of Affection Laws Work in Utah 

In Utah, the courts have upheld alienation of affection claims. Plaintiffs can seek damages for emotional distress, loss of companionship, and harm to their marital relationship. However, these cases often face significant challenges: 

• Burden of Proof: The plaintiff must provide substantial evidence that the defendant intentionally caused the breakdown of the marriage. 

• Complexity: Proving that the third party’s actions were the primary reason for the loss of affection can be difficult, as many factors may contribute to marital issues. 

What Damages Can Be Awarded? 

If successful, plaintiffs may be awarded compensatory damages for emotional pain, humiliation, and loss of consortium. In some cases, punitive damages may also be awarded to punish particularly egregious behavior. 

Criticism of Alienation of Affection Laws 

While Utah continues to recognize this cause of action, alienation of affection claims have faced criticism nationwide for several reasons: 

• Perceived as Outdated: Critics argue that these laws reflect antiquated views of marriage and relationships. 

• Potential for Abuse: Some worry that alienation of affection lawsuits can be misused as tools for revenge or financial gain. 

Legal Alternatives and Considerations 

For those facing marital problems in Utah, there are other legal options outside of alienation of affection claims, including: 

• Filing for divorce and addressing issues like adultery during proceedings. 

• Seeking spousal support (alimony) if one spouse needs financial assistance. 

• Negotiating property division with consideration of marital misconduct, which may influence the court’s decisions. 

Contact Christensen Law for Legal Guidance 

If you believe your marriage has been intentionally harmed by a third party or if you have questions about Utah family law, Christensen Law can help. Our experienced attorneys are here to guide you through your legal options and protect your rights. 

Contact us today to schedule a consultation with our knowledgeable family law attorneys. 

The post Alienation of Affection in Utah  appeared first on Christensen Law - Salt Lake City Family Lawyers.

Understanding Equitable Division in Utah Divorce

Equitable division means that a couple’s marital assets are divided based on what a court deems “fair,” considering various factors like each spouse’s financial situation, contributions to the marriage, and future earning potential. Unlike community property states, which often split marital assets 50/50, Utah courts have the flexibility to tailor the distribution to each couple’s unique circumstances. 

Key Points: 

1. Fair vs. Equal: While “fair” can sometimes mean a near-even split, the court may grant one spouse a greater share depending on need, contributions, or other relevant factors. 

2. Separate vs. Marital Property: Assets acquired before the marriage or after legal separation may be considered separate property. However, if those assets gained value during the marriage, the increase in value might be divisible. 

3. Judicial Discretion: A judge has broad discretion to decide what is “fair,” taking into account the couple’s standard of living, the duration of the marriage, and each spouse’s economic prospects. 

Unique Challenges in High-Net-Worth Divorces 

When substantial assets are on the line, the complexity of identifying, valuing, and dividing those assets grows exponentially. High-net-worth divorces can involve: 

1. Business Ownership and Partnerships 
   • Determining a business’s valuation is often a primary challenge. Valuation experts, forensic accountants, and financial analysts may be necessary to assess the company’s worth accurately. 

2. Multiple Real Estate Holdings 
   • Luxury residences, vacation homes, and rental properties require careful appraisals. Courts also look at whether improvements made during the marriage increased any property’s value. 

3. Complex Investment Portfolios 
   • Stocks, bonds, retirement accounts, and cryptocurrency can be difficult to distribute fairly, especially if these assets are spread across multiple brokerage accounts or internationally. 

2. Significant Debt or Liabilities 
   • High net worth does not always mean zero debt. Courts must consider mortgages, business loans, or other liabilities alongside an individual’s assets. 

3. Tax Implications 
   • Splitting large assets can have significant tax consequences. Strategic planning might involve working with financial professionals to minimize tax burdens and protect wealth. 

Factors Courts Consider in High-Net-Worth Equitable Division 

Utah courts typically weigh several factors to ensure a fair division of assets and liabilities, including: 

• Duration of the Marriage: Longer marriages often see more intertwined finances, potentially leading to a more equal split. 

• Financial and Non-Financial Contributions: Courts consider income-earning capacity, as well as non-financial contributions like homemaking or childcare. 

• Age and Health of Each Spouse: Ongoing or future medical needs might justify awarding more resources to a spouse. 

• Occupations and Earning Potential: A spouse with significantly higher income or specialized skills may be less entitled to a large share of marital assets—depending on the other circumstances. 

• Standard of Living Established During the Marriage: Courts generally aim to help each spouse maintain a lifestyle close to what was enjoyed during the marriage, as resources allow. 

Protect Your Financial Future When Facing Divorce

Schedule a consultation with our team today to discuss how Utah’s equitable division laws impact your assets and learn the best strategies for protecting you and your family.  

Call Us: (801) 303-5800

Online Contact Form: Contact Us

Disclaimer 

The information in this post is for general educational purposes and does not constitute legal advice. For advice tailored to your unique situation, please contact an attorney at Christensen Law. Laws and court interpretations may change, so it’s important to consult a professional for current, personalized guidance. 

The post Equitable Division in Utah Divorce appeared first on Christensen Law - Salt Lake City Family Lawyers.

Definition of a Putative Father 

A putative father is a man who may biologically be a child’s father but has not yet been legally recognized as such. This situation frequently arises in adoption cases, where determining paternity can have a significant impact on legal proceedings. 

You might be considered a putative father if: 

• You were in a relationship with the child’s mother around the time of conception but were not married. 

• You have been informed or suspect that a child you fathered is being considered for adoption. 

• You wish to have a role in adoption or custody decisions but have not yet established legal paternity. 

Why Your Paternity Status Matters 

Understanding whether you are a putative father is essential for protecting your parental rights and ensuring your child’s best interests are considered. Your status as a putative father can influence: 

• Receiving Notice of Adoption Proceedings: Registering with Utah’s putative father registry ensures that you are notified about adoption actions involving your child. 

• Consent to or Contest an Adoption: Legally recognized fathers generally must provide consent for an adoption or contest it, except in certain circumstances. 

• Establishing a Legal Relationship: Once paternity is confirmed, you may pursue custody, visitation, or parenting rights based on the child’s best interests. 

Legal Implications for Putative Fathers 

Being identified as a putative father carries significant legal implications: 

• Recognition as a Father: Confirming paternity grants you legal status in your child’s life, including the ability to make or influence critical decisions. 

• Rights in Adoption Cases: You may challenge an adoption, seek custody, or negotiate an open adoption agreement, where applicable. 

• Responsibilities: Legal fatherhood often comes with financial obligations, such as child support and medical coverage. 

• Access to Legal Counsel: Experienced legal guidance is crucial to navigate strict deadlines, documentation requirements, and court procedures. 

Frequently Asked Questions (FAQs) for Putative Fathers 

Contact Christensen Law 

If you have concerns about your status as a putative father, suspect a child you fathered may be placed for adoption, or need assistance with paternity or adoption-related issues, Christensen Law is here to help. 

Phone: (801) 303-5800 

Online Consultation Form: Schedule a Consultation 

Our team is dedicated to protecting your rights and helping you make the best decisions for your child’s future. 

The post What is a Putative Father?  appeared first on Christensen Law - Salt Lake City Family Lawyers.

Sometimes life changes, and a custody order that once worked well may no longer fit your family’s needs. In Utah, custody orders are not set in stone. Modifications are possible, but they require specific circumstances and legal steps to ensure the best interests of the child are prioritized. 

When can a custody order be modified in Utah?  

A custody order can be modified under the following conditions:  

1. Material and Substantial Changes in Circumstances  
   • Examples can include a parent relocating out of state, a change in the child’s needs (education, health, etc.), evidence of abuse, neglect or endangerment, or a parent’s inability to adhere to the custody agreement.  

2. Time Since the Last Order 
   • Modifications are more likely to be successful when they come at least a few years after the last permanent order. 

3. Best Interests of the Child  
   • Utah courts will always evaluate whether the proposed changes align with the child’s best interests, focusing on their safety, stability, and overall well-being. 

How to Modify a Custody Order  

If you believe that a custody modification is necessary, here are the steps to follow:  

1. Consult an attorney  

2. File a petition to modify  

3. Provide evidence for modification  

4. Mediation  

5. Court hearing  

Some cases may require a more complex process for modification. Consult an attorney to understand the possibilities of your case.  

Frequently Asked Questions About Custody Modifications  

Can I Modify Custody Without the Other Parent’s Consent?

• Yes, but you’ll need to prove to the court why the modification is necessary and in the child’s best interests. 

How Long Does the Process Take?

• The timeline varies depending on the complexity of the case and whether mediation resolves the issue. It can take a few months to over a year. 

What If the Other Parent Violates the Current Custody Order?

• If the other parent consistently violates the custody order, this may serve as grounds for modification. Document these violations and consult an attorney. 

Contact Christensen Law Today  

Contact Christensen Law for a consultation and take the first step toward a better future for your family.  

Call Us: (801) 303-5800 

Online Contact Form:  Contact Us

The post Modifying a Custody Order: When and How It’s Possible  appeared first on Christensen Law - Salt Lake City Family Lawyers.

What Is a Guardianship Appeal? 

A guardianship appeal is the process of asking a higher court to review a lower court’s decision in a guardianship case. Rather than introducing new evidence, appeals focus on whether the lower court properly considered all relevant information and applied the law correctly. It’s essentially a check on the legal process, ensuring that the decision about who cares for a protected individual—often an elderly parent, a disabled adult, or a minor who cannot care for themselves—is grounded in correct interpretation of the law and supported by sufficient evidence. 

Reasons You May Consider an Appeal 

Not every unfavorable ruling will warrant an appeal. However, you may have grounds to pursue one if you believe the court made a significant error. Common reasons include: 

1. Improper Application of the Law: 
   • If the court misunderstood or failed to follow Utah’s guardianship laws, such as neglecting the “best interests” standard for the protected person, an appeal may be warranted. 

2. Improper Exclusion or Inclusion of Evidence: 
   • Sometimes, key medical records or witness testimony are excluded from a trial, or evidence that should have been disallowed is admitted. If the lower court’s evidence handling compromised the fairness of the decision, this could form the basis of an appeal. 

3. Insufficient Evidence or Findings: 
   • The court’s decision should logically follow from the evidence presented. If the judgment is not backed by sufficient facts or doesn’t make sense given the record, the appeals court may intervene. 

4. Conflicts of Interest: 
   • If a guardian was appointed despite clear conflicts of interest that could harm the protected person’s interests, this may call the integrity of the original ruling into question. 

Types of Decisions That May Be Appealed 

• Denials of Guardianship Petitions: If your request to become a guardian was denied without proper consideration of the evidence, you may be able to appeal. 

• Improper Guardian Appointments: If someone who is unqualified or potentially harmful was appointed as guardian, seeking review is a critical step to protect your loved one. 

• Modifications to Existing Orders: If an established guardianship was altered in a way that doesn’t align with the protected person’s best interests, you may have the right to challenge that decision. 

Taking the Next Step 

If you suspect that a guardianship decision was reached in error, it’s crucial not to wait. Appeals have strict deadlines and missing them could mean losing your opportunity to seek a fair outcome. Speaking with an experienced Utah attorney will help you understand whether you have grounds for appeal, what the process entails, and how best to present your case. 

Contact Christensen Law for a Consultation 

At Christensen Law, our experienced Utah attorneys understand the significance of guardianship rulings and the emotional toll they can take on families. We’re committed to ensuring that decisions about guardianships are made correctly, fairly, and with the protected person’s best interests in mind. If you believe a guardianship decision was unfair or legally flawed, don’t hesitate—contact us today for a free consultation. 

The post Utah Guardianship Appeals: How to Challenge a Decision appeared first on Christensen Law - Salt Lake City Family Lawyers.

For example, imagine you win a lawsuit in California that awards you a monetary judgment, but the person or business ordered to pay you lives in Utah. Because the judgment was issued in California, it has no automatic enforcement power in Utah. To collect on the debt in Utah, you must go through the process of domesticating the judgment in Utah. 

How Does the ‘Domesticate a Foreign Judgment’ Process Work? 

The process of domesticating a foreign judgment can vary depending on the jurisdiction, but it generally involves the following steps: 

1. File the Judgment Locally 
   • The first step is to file the judgment with the court in the jurisdiction where enforcement is needed. Many states in the U.S. follow the Uniform Enforcement of Foreign Judgments Act (UEFJA), which simplifies the process for judgments between states. 

2. Provide Notice to the Judgment Debtor 
   • The person or business against whom the judgment is being enforced (the judgment debtor) must be notified. This gives them an opportunity to contest the domestication if they believe there are valid legal reasons to do so. 

3. Court Recognition 
   • Once the local court recognizes the foreign judgment, it essentially becomes a local judgment. This step allows the creditor to take enforcement actions such as garnishing wages, seizing property, or freezing bank accounts. 

Why Is Domestication Necessary? 

Judgments don’t automatically carry legal authority across state or country lines. Every jurisdiction has its own laws and enforcement procedures, so domestication is required to extend the legal power of your judgment. Without it, you won’t have the legal standing to collect on the debt or enforce the ruling. 

For international judgments, the process is often more complex and may involve treaties or additional legal steps. For instance, in the U.S., some foreign countries’ judgments may not be enforceable if they conflict with U.S. laws or public policy. 

What Are Common Challenges in Domesticating Foreign Judgments? 

While domestication can be straightforward, it’s not always without complications. Common challenges include: 

• Differences in state laws regarding filing requirements and time limits. 

• Disputes raised by the judgment debtor, such as claims of improper notice or lack of jurisdiction in the original case. 

• Additional steps for judgments originating outside the U.S., which may require translation and authentication. 

How Can We Help? 

Domesticating a foreign judgment is a technical process that benefits from experienced legal guidance. At Christensen Law, we assist clients in navigating the intricacies of filing, contesting, and enforcing foreign judgments. Whether your case involves interstate or international enforcement, our team is here to make the process as efficient and stress-free as possible. 

Contact us today for a free consultation and to learn more about how we can help you with the domestication process. 

The post What Does It Mean to Domesticate a Foreign Judgment?  appeared first on Christensen Law - Salt Lake City Family Lawyers.

When Can a Juvenile Be Tried in Adult Court? 

There are several conditions under Utah law that determine whether a juvenile will be tried as an adult. These include both automatic transfers and discretionary decisions by the court. 

First, 16 and 17-year-olds accused of murder are automatically tried in adult court. The gravity of this offense bypasses the juvenile court system entirely, reflecting the seriousness with which such cases are treated. 

Similarly, a 16 or 17-year-old who has previously been sentenced to a secure facility and is later charged with another felony will also face automatic transfer to adult court. This policy aims to address repeat offenders who continue to commit serious crimes despite prior interventions. 

For juveniles charged with certain violent crimes, referred to as the 10 designated felonies against a person, the case initially begins in juvenile court. However, unless the juvenile can convince the judge that there are compelling reasons to keep the case in juvenile court, they will be remanded to adult court.  

Lastly, juveniles as young as 14 years old can be transferred to adult court if they are charged with a felony and the prosecutor persuades the juvenile court judge that it is in the state’s best interest. While this decision is not automatic, it allows the legal system to hold young offenders accountable for particularly serious or violent crimes. 

What Are Designated Felonies Against a Person? 

While the specific 10 designated felonies are not listed here, they typically include violent crimes such as: 

• Aggravated assault 

• Kidnapping 

• Aggravated robbery 

• Sexual assault 

• Attempted murder 

These offenses are deemed severe enough to warrant stricter legal action and potential transfer to adult court. 

Why It Matters 

The consequences of being tried in adult court are far more severe than those in juvenile court. Adult court focuses on punishment rather than rehabilitation, which means juveniles tried as adults face the possibility of lengthy prison sentences in adult facilities. Unlike juvenile court records, convictions in adult court are permanent and can significantly impact future opportunities, including education, employment, and housing. 

For families, this transition represents a critical turning point. A decision to transfer a case to adult court can shape the trajectory of a young person’s life, making it essential to understand the process and seek strong legal representation. 

How Christensen Law Can Help 

If your child or a juvenile you care about is facing charges that could result in being tried in adult court, it is crucial to act quickly. At Christensen Law, we have extensive experience in juvenile defense cases in Utah. Contact us today to schedule a consultation and learn how we can assist you during this challenging time. 

Resources

Utah State Courts

The post Can a Juvenile Be Tried in Adult Court in Utah?  appeared first on Christensen Law - Salt Lake City Family Lawyers.