Family Law In UT

In Utah, domestic violence means any criminal offense involving physical harm (or the threat of physical harm), or any attempt, conspiracy, or solicitation to commit a criminal offense involving violence or physical harm, when committed by one cohabitant against another. A cohabitant can only be someone who is at least 16 years old (or is emancipated) who:
• Is or was a spouse of the other party
• Is or was living as if a spouse of the other party
• Is related by blood or marriage to the other party
• Has or had one or more children in common with the other party
• Is the biological parent of the other party’s unborn child, or
• Resides or has resided in the same residence as the other party
However, cohabitants don’t include parents and their children, or siblings who are less than 18 years old.

Child Custody and Domestic Violence

When parents decide to get a divorce, the custody arrangement for their children can either be determined mutually by the parents or, if the parents can’t reach an agreement, by the court. When determining the future care and custody of a child the court considers the best interests of the child. Custody matters can become complicated when one parent alleges that the other has committed domestic violence in the past. In ordinary cases there is a rebuttable presumption that joint legal custody is in the best interest of the child, however, this presumption is overcome if there is domestic violence in the home or in the presence of the child. The following chart outlines how a family law court designs parenting plans in Utah when domestic violence has been committed within the family. During marriage, couples acquire the rights to some of the property and assets, as well as debts, acquired by one or both of them. Marital property doesn’t include things that are considered “separate property” owned by either spouse, for example, property owned before marriage, inheritance, gifts, property specifically excluded by valid prenuptial agreements, and property gained after legally separating. In addition, keep in mind that you are also on the hook still for your separate debts from before marriage.

There are two ways states divide marital property:
• equitable distribution and
• Community property.
Utah is an equitable distribution or common law state, which is the majority marital property legal system. However, large numbers of people, especially in the Western U.S., live in community property states. This means marital property in Utah isn’t automatically assumed to be owned by both spouses and therefore should be divided equally in a divorce. In Utah, marital property is divided “equitably” or fairly, which may not be an even 50-50. Usually for longer marriages, it is about 50% to each party. For short-term marriages, the court generally puts people back to their position before the marriage, such as giving people what they had before the marriage and typically what they made during the marriage. Parties can agree on how they want to divide the property outside of court, but a judge will review it to ensure it’s fair.

Community Property: Utah is an equitable distribution state that doesn’t have community property laws. However, Utah has enacted the Uniform Disposition of Community Property Rights at Death Act (UDCPRDA). The UCDPRDA allows a person who lived in a state with community property for its marital property laws (such as Nevada and Idaho) and then moved to a state without community property (namely, Utah) to not lose any pre-existing property rights.

Utah Marriage Age Requirements Laws

Each state regulates marriage. Adult couples can decide whether or when to marry, including gay and lesbian couples where same-sex marriage has been legalized, which includes Utah since October 2014. However, if under the legal age of adulthood in a state, parents, guardians, or the court, in some situations, must provide permission for a child to marry. Even then, there’s usually a minimum age to prevent very young children from marrying. Some states, including Utah, require premarital counselling. Utah encourages the use of premarital counselling by persons seeking to marry who are under 19 years old or who’ve been previously divorced. Depending on which county in Utah you live in, premarital counselling may be a prerequisite for getting a marriage license. Minimum Legal Age without Parental Consent of both men and women who are at least 18 years old can legally marry in Utah without the permission of anyone else, including parents or religious leaders.

Minimum Legal Age with Parental Consent of Teenage boys and girls who are at least 16 years old, but are not yet 18 years old can get married in Utah with the consent of their parents or guardians.

Who must consent depends on the youth’s circumstances:
• If the child’s parents are married, either parent can sign consent to the marriage
• If the parents are divorced and only one parent has legal custody, then he or she must consent to the marriage
• If the parents are divorced and both have joint custody, then the parent with physical custody the majority of the time must consent
• If the child lives with a guardian rather than parents, the guardian must provide proof of guardianship and sign consent to the marriage

Minimum Age for First Cousin Marriage Utah permits first cousins to marry as long as both parties are at least 65 years old, or both parties are at least 55 years old and the local district court has determined that either party is unable to reproduce. In order to get legally married in Utah a couple must have a valid marriage license and have the marriage solemnized. Marriage licenses in Utah are issued by the county clerk where you intend to get married. In order to apply for a marriage license, both parties must be present and provide the following information and documentation to the clerk:
• Full name, address, and date and place of birth of both parties
• Both parties’ social security cards (unless a party doesn’t have a social security number)
• The names and birth places of both parties’ parents (including their mothers’ maiden name)
• A valid picture ID for both parties (such as a passport, birth certificate, drivers license, or state ID card), and
• A license fee (most counties charge a fee)
Family law courts in Utah determine how much child support a non-custodial parent (a parent who doesn’t live with their minor child) is required to pay by using the state’s child support guidelines. These guidelines take into consideration both parents’ gross incomes and the number of children that they have together. The court will follow the child support guidelines unless there is substantial evidence to rebut the guidelines. In order to determine whether or not to deviate from the guidelines the court will consider:
• The standard of living of the parents
• The relative wealth and income of the parents
• The ability of the non-custodial parent to earn
• The ability of the custodial parent to earn
• The ability of an incapacitated adult child to earn, or other benefits received by an adult child
• The needs of the custodial parent, the non-custodial parent, and the child
• The ages of the parties, and
• The responsibilities of the custodial parent and the non-custodial parent for the support of others
Gross income includes perspective income from any source. For example: salaries, wages, commissions, royalties, bonuses, rents, gifts, prizes, dividends, severance pay, interest, alimony from a previous marriage, Social Security benefits, etc. Gross income doesn’t include means-tested welfare benefits that a parent receives. Adjusted gross income is calculated by subtracting alimony previously ordered and paid and child support previously ordered from the parent’s gross income.
Each parent’s child support obligation is established in proportion to their adjusted gross incomes by following these steps:
• Step 1: Combine the adjusted gross incomes of the parents
• Step 2: Look up the base combined child support obligation using this chart
• Step 3: Take the appropriate figure from the chart and multiply it by each parent’s percentage of the combined adjusted gross income
The court won’t follow the child support guidelines above if: The parents have joint physical custody or split custody, or the non-custodial parent’s adjusted gross income is $1,050 or less per month Imputed Income
In Utah, if a parent is unemployed or underemployed the court may impute an income on the parent in order to perform the child support calculations in the chart above. Imputed income is based on employment potential and probable earnings. This figure is calculated from employment opportunities, work history, occupation qualifications, and prevailing earnings for people of similar backgrounds in the community. If a parent doesn’t have recent work history, or if their occupation is unknown, then the court can impute income on the parent at the federal minimum wage for a 40-hour workweek. However, income can’t be imputed if any of the following conditions exist (and aren’t temporary in nature):

• The reasonable costs of child care for the parents’ minor children equals the amount of income that the custodial parent can earn
• A parent is physically or mentally unable to earn the minimum wage, or
• The unusual emotional or physical needs of a child requires the custodial parent to stay home and care for them

Utah Child Abuse Laws

Criminal statutes are in place to keep people safe. Utah’s child abuse laws are designed to protect children from harm by prohibiting the physical, emotional, and sexual abuse of children. These child abuse statutes assist in prosecuting child abusers and mandate certain third parties and professionals with access to children to report knowledge or suspicion of child abuse to the authorities. Utah’s Department of Child and Family Services also provides resources state-wide to protect the welfare of children.

Utah Child Custody Laws

When a couple with children breaks up, the responsibility to care for the children must be shared by both parents. An important aspect is child custody or with whom the child will live with and what visitation with the other parent will be like. Another part of this responsibility is financial support, in the form of child support. Utah family courts, like those in most states, determine child custody matters using the “best interests of the child.” The factors considered by the judge include:
• Past conduct and demonstrated moral standards of the parties
• Parent most likely to act in the best interest of the child, including allowing child frequent contact with non-custodial parent
• Bonding between each parent and the child
• If a parent has intentionally exposed the child to pornography or other harmful sexual-related materials
• Physical, psychological, and emotional needs of the child
• Both parent’s ability to reach shared decisions for the child and prioritize the child’s welfare
• If both parents participated in raising the child before the divorce
• The geographic proximity of the parents’ homes
• The child’s preferences
• Parents ability to protect child from their conflict
• Past and present ability to cooperate with each other in parenting and making decisions
• Any history of child abuse, domestic violence, or kidnapping
• Any other relevant factors
When parents can’t develop their own parenting schedule, the court can establish an appropriate schedule more or less than the statutory minimum parent-time based on the following best interest of the child factors:
• How parent-time would negative impact child’s physical health and emotional development
• Distance between child’s home and the non-custodial parent’s home
• Allegations of child abuse
• Lack of demonstrated parenting skills when there’s no safeguards to ensure child’s safety
• Financial inability of non-custodial parent to provide food and shelter during parent-time
• Child’s preference, if sufficiently mature
• Parent’s incarceration
• Shared interests of the child and non-custodial parent
• Non-custodial parent’s involvement in the child’s school, community, religious, or other related activities
• Non-custodial parent’s availability to care for the child when the custodial parent is working or has other obligations
• Chronic pattern of missing, cancelling or denying regularly scheduled parenting time
• Parent-time schedule of siblings
• Lack of reasonable alternatives for nursing child
• Any other criteria the court feels is relevant to the best interests of the child

How Can a Family Law Attorney Help Represent Your Case?

Divorce and all legal issues associated with this pivotal life event can be resolved through negotiation, mediation and dynamic representation in trial. Legal elements connected to divorce include custody, visitation and asset and property division. Family Attorney can help you with a number of issues related to family law including, but not limited to:
• Asset and property division is a fair and just distribution of marital property and debts.
• Child Custody includes disputed cases. In sole physical custody the most able parent, best equipped to provide a safe, stable and healthy environment is selected. Visitation can be a part of this to help the noncustodial parent continue a relationship with the child.
• Shared custody means that both parents demonstrate the ability to cooperate and communicate in sharing responsibility for a child.
• Visitation involves the creation of comprehensive parenting plans suited to individual family circumstances. They protect your children’s well-being and your vital relationship with them.
• Child support Utah courts recommend that you consult an attorney about child support. This is because calculating child support can be very complicated. It’s possible to limit your consultation to this or other aspects of your case.
• Protection orders are often necessitated when domestic violence is threatened. They may also be requested by a party seeking to gain an advantage in a custody dispute.
• Adoption and guardianship are alternatives that enable other responsible caregivers such as stepparents and grandparents the legal right to make important decisions regarding the welfare and protection of children.
• Paternity actions can be made on behalf of either a mother or father who chooses to take responsibility and seeks to claim custody or visitation rights.
• Prenuptual and Postnuptual Agreements can not only help protect assets, but it can also help clarify any debt issues. We live in a time when divorce is more common, it is always wise to be informed.
• Mediation is required by Utah Law for Divorcing Spouses
• Divorce Modification is the legal process of amending a divorce order issued by a court.
• Virtual Visitation is a broad phrase that refers to any use of technology that a parent uses to keep in contact with his or her child.
• Parental Kidnapping or parental abduction is defined as the concealment, taking, or retention of a child by his parent in violation of the rights of the child’s other parent or another family member.
• Grandparent’s Rights – Grandparents are heavily involved in child rearing in many families, sometimes as the primary caretakers.
Under Utah divorce law, individuals that wish to end their marriage can do so on either fault or no-fault grounds. No-fault based divorces are the most common in Utah and are normally much faster and less expensive than proving a fault based divorce. The requirements for a no-fault divorce in Utah are particularly stringent when compared to other states and can be found here at Title 30 Chapter 3 Section 1 of the Utah Code. A no fault divorce is found under Utah Code 30-3-1(3)(h) where it states: “irreconcilable differences of the marriage.” This essentially means that the marriage did not work out and neither spouse is placing blame on the other or saying that one person did something to cause the divorce. While proving irreconcilable differences may be enough to receive a no-fault divorce award, the divorcing couples can also receive a no-fault divorce if they have lived separate and apart for at least three years, while other states typically require between 3-18 months of living separate and apart. This is found in Utah Code 30-3-1(3) (j): “ when the husband and wife have lived separately under a decree of separate maintenance of any state for three consecutive years without cohabitation.” If a no-fault divorce is not possible, a fault divorce can be granted one of the following grounds are proven with evidence and testimony before a Utah divorce judge: Grounds for divorce:
• Impotency of the respondent at the time of marriage;
• Adultery committed by the respondent subsequent to marriage;
• Wilful desertion of the petitioner by the respondent for more than one year;
• wilful neglect of the respondent to provide for the petitioner the common necessaries of life;
• habitual drunkenness of the respondent;
• conviction of the respondent for a felony;
• cruel treatment of the petitioner by the respondent to the extent of causing bodily injury or great mental distress to the petitioner;
• irreconcilable differences of the marriage;
• incurable insanity; or
• when the husband and wife have lived separately under a decree of separate maintenance of any state for three consecutive years without cohabitation.

Family Law Attorney Free Consultation

When you need legal help with family law in Utah, please call Ascent Law for your free consultation (801) 676-5506. We want to help you. We can help you with:

Family Law

Divorce

Child Custody

Guardianship

Adoption

Child Support

Alimony

And More.

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

Ascent Law LLC

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Utah Injury Lawyer

from Michael Anderson https://www.ascentlawfirm.com/family-law-in-ut/

from
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Utah Injury Lawyer

Your wounds may not have even dried before you start getting calls, requests and bills from insurance companies, doctors, police and others. At such a time when you should be focusing on healing and recovery, you may be feeling completely overwhelmed and stressed wondering how you are going to pay for everything. This is when an injury lawyer can help. An injury lawyer helps individuals who have sustained injuries in accidents to recover financial compensation. These funds are often needed to pay for medical treatment, make up for lost wages, pain and suffering, and provide compensation for injuries suffered. Common examples of personal injury practice areas include motor vehicle accidents, slip and fall accidents, defective products, workplace injuries and medical malpractice.

Basics of an Injury law

An injury lawyer performs many important duties. These common functions include:

• Explains your rights: An injury lawyer can explain how an accident and different legal issues affect a person’s rights. Different states have different laws pertaining to the statutes of limitations or how comparative negligence affects a case. the statute of limitations imposes time limits for when a lawsuit must be filed. Comparative negligence rules determine whether a person can sue if he was partially to blame for the accident and how much he can recover.

• Provides advice: An injury Lawyer can walk a client through the system with the finesse of a professional tour guide. They help you understand complicated legal procedures, interpret medical and insurance jargon, and get through the maze of paperwork required in injury cases. One common piece of advice is not to provide a statement to the other driver’s insurance company since it will simply look for ways to deny liability. An injury lawyer may also recommend seeking medical treatment to document the relationship between the accident and the injury. An injury attorney also provides you objective opinions about your case so that you can make the best possible decision that aren’t clouded by fear, anger, frustration, stress and other emotions many injury victims understandably experience.

• Represents in court: Most injury cases do not result in a trial; the vast majority is settled even before a lawsuit is filed. However, if the insurance company denies the claim, it’s possible that the only way for the victim to recover is by going through a full civil trial. Litigation is complex and requires close adherence to proper procedures and rules of evidence. This is not a task best handled by a novice.

Some surprising ways you didn’t know a lawyer could help you

Lawyers do have skills, you know. There are some great ways they can help:
• Completes a professional investigation: An injury firms may have their own investigators document the scene of an accident, interview witnesses and develop theories about how the incident occurred. These might be professional investigators or even retired cops working a new job. Outside experts such as accident reconstruction experts may be necessary if the cause of the accident is in dispute. Your attorney will have a dedicated roster of professionals he or she normally uses and will know who can assist.

• Connects with medical providers: An injury lawyer may have a business relationship with a medical professional who may agree to provide medical services in favour of a lien on any future settlement or judgment. They may also have greater experience in understanding serious injuries and may recommend a particular specialist who has provided superb results in previous cases.

• Better assesses damages: Many accident victims only think about the immediate impact of an accident. After all, they could be receiving harassing phone calls from bill collectors, making up funds after being off work for a few weeks and may need to repair their vehicle to get back on the road. However, an injury lawyer deals with these cases on a routine basis and can help identify a more accurate estimate of the real and long-term effect of injuries, such as a loss in earning capacity if the accident left the victim disabled. An injury lawyer may also ask an economist or actuary for help in assessing the lifetime impact of an accident.

• Works through a variety of legal processes: A personal injury lawyer can help in a number of different judicial forums. For example, he or she may help with informal negotiation with the insurance company before or after a case is filed in court. Alternatively, they may help litigate a case if the settlement offer is not satisfactory to the client or the claim is denied. However, personal injury lawyers can also help in other types of forums such as alternative dispute resolution. Arbitration may be required if the victim’s own insurance company is involved. This involves presenting a case in front of a neutral arbitrator who makes a binding decision. Mediation consists of the victim and the person responsible for the injury working together to reach a solution out of court with the help of a third-party neutral.

Surprisingly, not every case requires the use of a lawyer. If the damages are minimal, there is no serious injury and the settlement offer appears reasonable, providing a significant portion of the settlement to an attorney may not make sense. However, sometimes cases that seem simple at first may become more complicated, which may be best handled by hiring an experienced personal injury lawyer. For example, someone’s insurance may not have been in effect at the time of the accident or an injury might not reveal itself as chronic until months after the accident. Some key times to hire an injury lawyer include when:

• The claim is denied: If you know that the other party was responsible for the accident but the insurance company does not want to take responsibility, it is important to talk to a lawyer to get an objective and experienced opinion.

• Multiple parties may be involved: In some cases, accidents might involve multiple vehicles or parties. This often complicates things. This can occur if there was a multi-car pileup or a situation involving contractors, subcontractors and employees. An injury lawyer can help identify all parties that may share liability in the case and who may be named as defendants.

• A settlement is offered: It is often worth the time and money to consult with a personal injury lawyer before accepting a settlement. Insurance companies may try to get rid of cases as quickly as possible to minimize the payout since they represent their client’s financial interests. Very often, the first offer is a low-ball offer that they hope the victim will accept. A personal injury lawyer can determine whether an offer seems fair.

Sometimes, the skills of an experienced injury lawyer or at least the threat to an insurance company that such a lawyer may present are worth the money you must pay that lawyer to represent you. You may need a lawyer because of complex legal rules involved in your particular claim, or because the severity of your injuries might cause your compensation to vary greatly from the norm or simply because an insurance company refuses to settle a matter in good faith. The following types of injuries and accidents almost certainly require a lawyer’s help.

• Long-Term or Permanently Disabling Injuries: Some accidents result in injuries that significantly affect your physical capabilities or appearance for a long time over a year or even permanently. Figuring out how much such a serious injury is worth can be a difficult business. You’ll probably require some assistance from an experienced lawyer to get the most out of your claim.

• Severe Injuries: The amount of your accident compensation is mostly determined by how severe your injuries were. And the severity of your injuries is measured by the amount of your medical bills, the type of injuries you have, and the length of time it takes for you to recover. As the amount of your potential compensation increases, the range within which that compensation may fall becomes wider. In such cases, it may be worth the expense to have a lawyer handle your claim and make sure you receive compensation at the highest end of the range.

• Medical malpractice: If you have suffered an injury or illness due to careless, unprofessional, or incompetent treatment at the hands of a doctor, nurse, hospital, clinic, laboratory, or other medical provider, both the medical questions and the legal rules involved are complex. They almost certainly require that you hire a lawyer experienced in medical malpractice cases.

• Toxic Exposure: In the increasingly chemical world, we sometimes become ill because of exposure to contaminants in the air, soil, or water, in products, or in food. Claims based on such exposure are difficult to prove, however, and often require complex scientific data. And because the chemical and other industries have erected a huge wall to protect themselves from legal exposure while they continue to expose us to potentially harmful chemicals, the required evidence is very hard to come by. Get expert help.

• When Insurance Company Refuses to Pay: In some instances, regardless of the nature of your injury or the amount of your medical bills and lost income, you will want to hire a lawyer because an insurance company or government agency simply refuses to make any fair settlement offer at all. In these cases, something what the lawyer can get minus the fee charged to get it is better than nothing.

Types of Injury Cases

Any case or claim that involves an injury to the body or mind falls under the umbrella of an injury law. Some of the most common types of cases handled by this type of lawyer include:
• Animal bite injuries
• Auto accidents
• Aviation accidents
• Bicycle accidents
• Boating accidents
• Brain injuries
• Burn injuries
• Construction accidents
• Defective products
• Insurance/bad faith claims
• Medical malpractice
• Motorcycle accidents
• Nursing home abuse
• Pedestrian accidents
• Slip and fall accidents
• Spinal cord injuries
• Wrongful death

Personal and Professional Skills

The most successful injury attorneys excel at oral advocacy, negotiation, and client development. They should also have a capacity for handling stress and pressure, particularly those who decide to practice on their own rather than sign on as an associate with an existing firm. Attorneys in this specialty usually represent clients on a contingency basis, meaning their fees represent a percentage of the plaintiff’s eventual compensation when the case is resolved, which is typically from 30 to 40 percent. This arrangement means that the plaintiff doesn’t pay a fee unless and until the lawyer recovers money on their behalf. These lawyers are typically only compensated if they win. Some injury cases can drag out for years before they’re resolved. This makes efficient time management skills very important as well. An injury attorneys have to balance these long, involved cases with shorter, less demanding ones if they’re going to pay the bills, at least if they elect to go into practice for themselves. It’s often recommended that new injury lawyers get their feet wet with an established law firm before heading out on their own even an insurance defence firm. This will help them understand the ins-and-outs of how their adversaries approach cases.

Factors to Consider Before Hiring a an Injury Attorney in Utah

• Lawyers Near Me Who Practice Injury Law: When searching for an injury Lawyer in Utah, it is important to search for a law firm that handles injury cases similar to your case. For instance, if a car accident caused your injuries, you may want to search for “car accident attorney near me” when you begin your internet search for a lawyer to handle your automobile insurance claim. The same is true if your injury relates to medical malpractice, wrongful death, dog bites, semi-truck accidents, and motorcycle accident in Utah, workers ’ compensation, premises liability, catastrophic injuries, or pedestrian accidents.

• Experienced Injury Lawyers: Experience matters. Professionals, including injury lawyers, are always learning about their practice. You do not want your case to be a “learning lesson” in which the attorney realizes that he should have hired an expert witness early in the case instead of waiting until after a personal injury lawsuit is filed to consult an expert witness. You also do not want a lawyer representing you who is still learning the local rules and procedures of the various courts in your area who might miss a deadline or fail to file the correct motions in your case to keep your case moving efficiently through the court system. Every attorney gains experience through each case the attorney handles. However, when the negligence of another party causes you harm or injury, you need accident lawyers who specialize in motor vehicle accidents, and already understand personal injury law, the court systems, tactics used by insurance companies, settlement demands, expert witnesses, accident investigations, rules of evidence, and statutes of limitations to handle your injury claim. You need an accident attorney who has several years of experience under his belt after law school to fight for your best interests.

• How Much Will A Personal Injury Attorney Cost Me: Most injury lawyers in Utah offer a free consultation for accident victims. During the free appointment, victims can ask questions about the injury process while the attorney reviews the facts in the case to determine if the attorney believes the person has a valid legal claim for compensation. One important question you want to discuss during your free consultation is how much the attorney charges for services and how much money you will need to pay up front to retain the law firm. In most cases, Utah injury law firms accept cases involving injuries and accidents on a contingency fee basis. A contingency fee means that you will not pay any money up front to retain the law firm. You agree to pay a percentage of the amount recovered for your claim to the law firm for attorney fees. In many cases, you are only charged attorney fees if the lawyer obtains a settlement on your behalf. In other words, you do not pay any attorney fees if the law firm does not recover money for your injury claim. However, you should also discuss the payment of costs and expenses of the case. Depending on your case and whether an injury lawsuit is filed, you could incur some minor fees and expenses related to your claim. The way expenses and costs are handled vary by law firm, so make sure you ask about this matter before you retain an attorney for your case.

• Proven Track Record of Obtaining Fair Compensation: Another factor to consider when retaining an injury attorney in Utah is the attorney’s track record. Does the attorney win cases? Has the attorney won large settlements in jury trials? What is the law firm’s rate of success versus losses? As with any professional, you want to retain a lawyer who has a proven record of winning injury cases. When you question a law firm about their success rate, be sure to consider the total number of cases they handle each year. If an injury lawyer tells you that he has a 100 percent success rate, you are likely to be impressed until you hear that the attorney only handles two cases a year.

• Skilled Trial Litigators and Negotiators: You want to choose a Utah injury attorney who is a talented negotiator and a skilled, experienced trial litigator. Most personal injury claims settle without filing a personal injury lawsuit or going to trial. Therefore, polished negotiating skills are crucial for a personal injury lawyer. You want your attorney to be able to negotiate effectively with insurance companies to obtain a fair and just settlement for your claim as quickly as possible. A talented negotiator understands how to use the facts of the injury case to maximize the amount of compensation you receive for your accident claim.

• Excellent Availability and Communications: Make sure that you ask the law firm how quickly they return telephone calls, emails, and other forms of communication. Talented attorneys are busy. You may not always be able to reach an injury attorney or a paralegal when you call a law firm. However, it is important to know that you will receive a return call within a certain number of hours. It is also important to understand the procedure used in the law firm to handle calls related to urgent matters that cannot wait for a return call.

Utah Injury Attorney Free Consultation

If you’ve been injured in an accident and need to recover for your injuries, 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

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Search And Seizure Issues And The Fourth Amendment

from Michael Anderson https://www.ascentlawfirm.com/utah-injury-lawyer/

from
https://grum193.wordpress.com/2020/06/03/utah-injury-lawyer/

Search And Seizure Issues And The Fourth Amendment

The Fourth Amendment (Amendment IV) to the United States Constitution is part of the Bill of Rights. It prohibits unreasonable searches and seizures. In addition, it sets requirements for issuing warrants: warrants must be issued by a judge or magistrate, justified by probable cause, supported by oath or affirmation, and must particularly describe the place to be searched and the persons or things to be seized. Fourth Amendment case law deals with three main issues: what government activities are “searches” and “seizures”, what constitutes probable cause to conduct searches and seizures, and how violations of Fourth Amendment rights should be addressed. Early court decisions limited the amendment’s scope to physical intrusion of property or persons, the Supreme Court held that its protections extend to intrusions on the privacy of individuals as well as to physical locations. A warrant is needed for most search and seizure activities, but the Court has carved out a series of exceptions for consent searches, motor vehicle searches, evidence in plain view, exigent circumstances, border searches, and other situations.

The Fourth Amendment was adopted in response to the abuse of the writ of assistance, a type of general search warrant issued by the British government, and a major source of tension in pre-Revolutionary America. The Fourth Amendment was introduced in Congress in 1789 by James Madison, along with the other amendments in the Bill of Rights, in response to Anti-Federalist objections to the new Constitution. Congress submitted the amendment to the states on September 28, 1789. By December 15, 1791, the necessary three-fourths of the states had ratified it. On March 1, 1792, Secretary of State Thomas Jefferson announced that it was officially part of the Constitution. Because the Bill of Rights did not initially apply to state or local governments, and federal criminal investigations were less common in the first century of the nation’s history, there is little significant case law for the Fourth Amendment before the 20th century. The right of the people to be secure in their persons, houses, papers, and effects,[a] against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Every subject has a right to be secure from all unreasonable searches, and seizures of his person, his houses, his papers, and all his possessions.

All warrants, therefore, are contrary to this right, if the cause or foundation of them be not previously supported by oath or affirmation; and if the order in the warrant to a civil officer, to make search in suspected places, or to arrest one or more suspected persons, or to seize their property, be not accompanied with a special designation of the persons or objects of search, arrest, or seizure: and no warrant ought to be issued but in cases, and with the formalities, prescribed by the laws. Fourth Amendment case law deals with three central issues: what government activities constitute “search” and “seizure”; what constitutes probable cause for these actions; how violations of Fourth Amendment rights should be addressed. The Fourth Amendment typically requires “a neutral and detached authority interposed between the police and the public”, and it is offended by “general warrants” and laws that allows searches to be conducted “indiscriminately and without regard to their connection with crime under investigation”, for the “basic purpose of the Fourth Amendment, which is enforceable against the States through the Fourteenth, through its prohibition of ‘unreasonable’ searches and seizures is to safeguard the privacy and security of individuals against arbitrary invasions by governmental officials.”

The Fourth Amendment has been held to mean that a search or an arrest generally requires a judicially sanctioned warrant, because the basic rule under the Fourth Amendment is that arrests and “searches conducted outside the judicial process, without prior approval by judge or magistrate, are per se unreasonable”. In order for such a warrant to be considered reasonable, it must be supported by probable cause and be limited in scope according to specific information supplied by a person (usually a law enforcement officer) who has sworn by it and is therefore accountable to the issuing court. The Supreme Court further held in Chandler v. Miller (1997): “To be reasonable under the Fourth Amendment, a search ordinarily must be based on individualized suspicion of wrongdoing. But particularized exceptions to the main rule are sometimes warranted based on ‘special needs, beyond the normal need for law enforcement’. When such ‘special needs’ are alleged, courts must undertake a context-specific inquiry, examining closely the competing private and public interests advanced by the parties.” The amendment applies to governmental searches and seizures, but not those done by private citizens or organizations who are not acting on behalf of a government.

Search

One threshold question in the Fourth Amendment jurisprudence is whether a “search” has occurred. Initial Fourth Amendment case law hinged on a citizen’s property rights that is, when the government physically intrudes on “persons, houses, papers, or effects” for the purpose of obtaining information, a “search” within the original meaning of the Fourth Amendment has occurred. Early 20th-century Court decisions, held that Fourth Amendment rights applied in cases of physical intrusion, but not to other forms of police surveillance (e.g., wiretaps). A “search” occurs for purposes of the Fourth Amendment when the government violates a person’s “reasonable expectation of privacy”. Katz’s reasonable expectation of privacy thus provided the basis to rule that the government’s intrusion, though electronic rather than physical, was a search covered by the Fourth Amendment, and thus necessitated a warrant. The Court said that it was not recognizing any general right to privacy in the Fourth Amendment, and that this wiretap could have been authorized if proper procedures had been followed. This decision in Katz was later developed into the now commonly used two-prong test, adopted in Smith v. Maryland (1979), for determining whether a search has occurred for purposes of the Fourth Amendment:

• a person “has exhibited an actual (subjective) expectation of privacy”; and

• society is prepared to recognize that this expectation is (objectively) reasonable.

The Supreme Court has held that the Fourth Amendment does not apply to information that is voluntarily shared with third parties. In Utah, the Court held individuals have no “legitimate expectation of privacy” regarding the telephone numbers they dial because they knowingly give that information to telephone companies when they dial a number. In certain situations, law enforcement may perform a search when they have a reasonable suspicion of criminal activity, even if it falls short of probable cause necessary for an arrest.

Seizure

The Fourth Amendment proscribes unreasonable seizure of any person, person’s home (including its curtilage) or personal property without a warrant. A seizure of property occurs when there is “some meaningful interference with an individual’s possessory interests in that property”, such as when police officers take personal property away from an owner to use as evidence, or when they participate in an eviction. The amendment also protects against unreasonable seizure of persons, including a brief detention. A seizure does not occur just because the government questions an individual in a public place. The exclusionary rule would not bar voluntary answers to such questions from being offered into evidence in a subsequent criminal prosecution. The person is not being seized if his freedom of movement is not restrained. The government may not detain an individual even momentarily without reasonable, objective grounds, with few exceptions. His refusal to listen or answer does not by itself furnish such grounds. When a person is arrested and taken into police custody, he has been seized (i.e., a reasonable person who is handcuffed and placed in the back of a police car would not think they were free to leave). A person subjected to a routine traffic stop on the other hand, has been seized, but is not “arrested” because traffic stops are a relatively brief encounter and are more analogous to a Terry stop than to a formal arrest. If a person is not under suspicion of illegal behavior, a law enforcement official is not allowed to place an individual under arrest simply because this person does not wish to state his identity, provided specific state regulations do not specify this to be the case. A search incidental to an arrest that is not permissible under state law does not violate the Fourth Amendment, so long as the arresting officer has probable cause.

Warrant

Under the Fourth Amendment, law enforcement must receive written permission from a court of law, or otherwise qualified magistrate, to lawfully search and seize evidence while investigating criminal activity. A court grants permission by issuing a writ known as a warrant. A search or seizure is generally unreasonable and unconstitutional if conducted without a valid warrant and the police must obtain a warrant whenever practicable. Searches and seizures without a warrant are not considered unreasonable if one of the specifically established and well-delineated exceptions to the warrant requirement applies. These exceptions apply “only in those exceptional circumstances in which special needs, beyond the normal need for law enforcement, make the warrant and probable cause requirement impracticable”. In these situations where the warrant requirement doesn’t apply a search or seizure nonetheless must be justified by some individualized suspicion of wrongdoing. However, the Supreme Court carved out an exception to the requirement of individualized suspicion. It ruled that, “In limited circumstances, where the privacy interests implicated by the search are minimal and where an important governmental interest furthered by the intrusion would be placed in jeopardy by a requirement of individualized suspicion” a search [or seizure] would still be reasonable.

Probable Cause

The standards of probable cause differ for an arrest and a search. The government has probable cause to make an arrest when “the facts and circumstances within their knowledge and of which they had reasonably trustworthy information” would lead a prudent person to believe that the arrested person had committed or was committing a crime. Probable cause to arrest must exist before the arrest is made. Evidence obtained after the arrest may not apply retroactively to justify the arrest. When police conduct a search, the amendment requires that the warrant establish probable cause to believe that the search will uncover criminal activity or contraband. They must have legally sufficient reasons to believe a search is necessary. Exceptions to the warrant requirement

Consent

If a party gives consent to a search, a warrant is not required. There are exceptions and complications to the rule, including the scope of the consent given, whether the consent is voluntarily given, and whether an individual has the right to consent to a search of another’s property.

Exigent Circumstances

Law enforcement officers may also conduct warrantless searches in several types of exigent circumstances where obtaining a warrant is dangerous or impractical. The Court also allowed a search of arrested persons in to preserve evidence that might otherwise be destroyed and to ensure suspects were disarmed. A subset of exigent circumstances is the debated community caretaking exception. The Supreme Court has held that individuals in automobiles have a reduced expectation of privacy, because vehicles generally do not serve as residences or repositories of personal effects, and vehicles “can be quickly moved out of the locality or jurisdiction in which the warrant must be sought.”[120] Vehicles may not be randomly stopped and searched; there must be probable cause or reasonable suspicion of criminal activity. Items in plain view may be seized; areas that could potentially hide weapons may also be searched. With probable cause to believe evidence is present, police officers may search any area in the vehicle. However, they may not extend the search to the vehicle’s passengers without probable cause to search those passengers or consent from the passengers. A common law rule permits searches incident to an arrest without a warrant. This rule has been applied in American law, and has a lengthy common law history. The justification for such a search is to prevent the arrested individual from destroying evidence or using a weapon against the arresting officer by disarming the suspect. The Supreme Court ruled that “both justifications for the search-incident-to-arrest exception are absent and the rule does not apply”, when “there is no possibility” that the suspect could gain access to a weapon or destroy evidence. Border search exception despite the foregoing citation the Fourth Amendment prohibitions against unreasonable searches and seizures nonetheless apply to the contents of all communications, whatever the means, because, “a person’s private communications are akin to personal papers.” Fourth Amendment reasonableness is the point at which the Utah government’s interest advanced by a particular search or seizure outweighs the loss of individual privacy or freedom of movement that attends the government’s action.

The Exclusionary Rule

One way courts enforce the Fourth Amendment is through the use of the exclusionary rule. The rule provides that evidence obtained through a violation of the Fourth Amendment is generally not admissible by the prosecution during the defendant’s criminal trial. The exclusionary rule and its effectiveness have often been controversial, particularly since its 1961 application to state proceedings. Critics charge that the rule hampers police investigation and can result in freeing guilty parties convicted on reliable evidence; other critics state that the rule has not been successful in deterring illegal police searches. Proponents argue that the number of criminal convictions overturned under the rule has been minimal and that no other effective mechanism exists to enforce the Fourth Amendment.

The Supreme Court has also held the exclusionary rule to not apply in the following circumstances:
• evidence illegally seized by a “private actor” (i.e., not a governmental employee)
• tax hearings
• evidence collected by Utah Customs agents
• deportation hearings
• evidence seized by probation or parole officers
• probation or parole revocation hearings

When is a Warrant Not Required?

While there is a judicial preference for warrants (in terms of separation of powers, warrants act as a check on the power of the executive branch by the judicial branch), the Supreme Court has never required all searches to be supported by a valid warrant. In fact, a number of exceptions to the warrant requirement have been developed. Among the most important in use today are:

• searches incident to a lawful arrest (allowing the police to search a lawfully arrested person and the area immediately surrounding that person for weapons or hidden evidence that might be destroyed)
• consent searches (allowing the police to search without probable cause with an individual’s voluntary permission)
• plain view searches (allowing the police to seize an object related to criminal activity when it is in the “plain view” of the officer)
• stop and frisk (allowing the police to pat down-frisk-an individual for weapons when the police believe the person is acting suspiciously and likely to be armed)
• hot pursuit (allowing the police to make a warrantless entry into a building when freshly pursuing a fleeing felony suspect)
• automobile searches (allowing the police to search a car when they have probable cause without first obtaining a warrant because of the inherent mobility of a car)
• inventory searches (allowing the police or corrections officials to conduct a warrantless inventory search to make a list of the arrestee’s belongings in order to protect the officials against later claims of theft of property)
• border and airport searches (allowing police and customs officials to make warrantless searches, including limited searches without any probable cause)
• exigent circumstances (allowing the police to search without a warrant when confronted with an emergency such as evidence about to be destroyed)

These exceptions are judicially created categories designed to accommodate the legitimate needs of law enforcement as balanced against the individual’s right to be free from unreasonable searches and seizures. Searches falling into these categories are deemed reasonable, even though warrantless. However, the increase in violent crime and the parallel response of law enforcement in the last quarter of this century has made it very difficult to fit search and seizure cases into a neat analytic model. That would mean requiring a valid warrant unless the search clearly fits into one of the recognized exceptions.

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How Do I Look Up My USDOT Number?

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How Do I Look Up My USDOT Number?

According to the Federal Motor Carrier Safety Administration, a USDOT Number is a specific number that serves as a unique identifier for certain commercial vehicles. This number is used to collect and monitor any safety information related to the vehicle, typically during inspections, crash investigations, compliance reviews, and audits. In order to maintain an active number, you must register with the Department of Transportation, complete the New Entrant Program and complete all biennial updates. If you do not have an active DOT Number when the law requires you to have one, you may be subject to penalties. (The abbreviation USDOT stands for the United States Department of Transportation.) The number is unique for each company and allows the government to track carriers on their system. All companies that transport passengers or haul cargo across state lines must be registered with the FMCSA and have a valid USDOT number in order to operate legally. The number must be displayed on every commercial vehicle the company uses for transportation purposes. Searching the DOT number of a motor carrier on the SAFER database (The FMCSA Safety and Fitness Electronic Records System) gives you access to the company’s licensing and safety information, so that you can learn more about the people you’re dealing with and make an informed decision about your move. For this reason, it is important to know the status of your USDOT Number at all times.

Who needs a USDOT Number?

Federal law requires USDOT Numbers for all companies that operate commercial vehicles that haul cargo and/or transport passengers from state to state. These numbers are also required for certain commercial carriers that haul hazardous materials intrastate. Even if you are not required to register for a USDOT Number by federal law, many states require USDOT Numbers for all commercial vehicles. If you still aren’t sure whether you need a DOT Number, you can find out using the Federal Motor Carrier Safety Administration’s interactive online tool.

Determining USDOT Number Status

If you need to check the status of your USDOT Number, you have several options. The different methods you can use include:

• Checking online: One of the quickest ways to check your DOT Number status is to visit the Safety and Fitness Electronic Records website, which is operated by the United States Department of Transportation. On this website, you can use your USDOT Number, MC/MX Number or company name to search for the status of your number.

• Via email: If you don’t want to use the online search tool, or if the tool doesn’t work properly for you, you can submit the query online via the online form located on the Safety and Fitness Electronic Records website. When you submit the form, you will receive a tracking number, and the support team will reply to your email promptly.

• Calling directly: If you want to get an answer immediately, you can check the status of your DOT Number by calling 800-832-5660, which is the FMCSA Customer Service number. After answering a few questions, you should be able to get an updated status report. If you find that your USDOT is inactive, you can take steps to reactivate it. The exact steps you will need to take will depend on the reason your DOT Number was deactivated.

How to check a DOT number

Although President Reagan’s signature phrase “Trust, but verify” is usually used in a political context, it applies to many aspects of life you need to remember it every time you’re expected to place belief in or act upon information or claims another person presents to you. Even if you’re taking their word for it, it is always important to fact check before making a decision or you may deeply regret it. This is especially true in the event of moving house you’re supposed to trust your movers with all your earthly possessions just like that, without knowing anything about them. They will say that they’re trustworthy professionals, of course, and will promise to do a good job for you, but how can you know if this is true? How to make sure you’ve found reliable and experienced moving specialists who will handle your relocation with professionalism, efficiency, and care? How to know that you’re not dealing with rogue or incompetent movers? There are some foolproof ways to make sure your movers are qualified professionals, but the most important thing to do when researching your potential moving partners is to confirm that they’re properly licensed and authorized to transport household goods and provide moving services. If you’re looking for interstate moving companies, the fastest, easiest, and surest way to verify their licensing status is to check their USDOT number. A USDOT number lookup will provide you with a lot of useful information about the movers you’re interested in their identification, type and range of operations, operating status, safety rating, etc. In order to get this information you need to: Go to the FMCSA official website; Find the “FMCSA Searches” menu (located in the middle lower section of the home page) and click the “Company Snapshot” link; Select your search criteria;
Enter the mover’s name, USDOT number, or MC/MX number and click the “Search” button. You will get access to the company’s profile in the MCMIS and will see a report with all the available data on the carrier in question.

What to look for during a USDOT number check?

Take a close look at the displayed report and pay attention to: The type of operations the company is authorized to perform – it should say CARRIER; The company’s operating status – it should say AUTHORIZED FOR HHG; The company’s identification and contact information – the carrier’s legal name, DBA name (the trade name under which the company does business), physical address, phone number, and mailing address; The company’s registration numbers – USDOT number, MC/MX/FF number(s), State Carrier ID number and/or DUNS number (as applicable); The number of power units (vehicles registered under the company’s name) and drivers the company has; The carrier’s operation classification – there should be an X before “Auth. For Hire”; The carrier’s range of operation – interstate or intrastate; The type of cargo the company is authorized to transport – there should be an X before “Household Goods”. Check if the company’s identification and contact information match the ones provided by the mover and make sure the company has an active USDOT number and is not ordered out of service. Once you’ve confirmed that the carrier is properly licensed and certified, you should focus on the company’s inspections summary and safety ratings in order to obtain greater detail on their performance and find out how reliable they are:

Inspection and crash reports – The table below the general company information shows the number of inspections made to the mover during the last two years and their results – the first row indicates the number of roadside inspections made to the vehicles and drivers; the second one shows the number of inspections which resulted in an “Out of Service” status (when out-of-service violations have been found during the inspection); the third row shows the percentage of inspections that resulted in an “Out of Service” status; the last row represents the percentage of all inspections made in the country during the year specified in the field that resulted in an “Out of Service” status. The next table shows the number of crashes reported to the FMCSA during the last 24-month period that involved vehicles operated by the moving company you’re researching;

Safety rating – The Company’s safety rating status shows its compliance with the Federal Safety Regulations – a SATISFACTORY rating means that the carrier abides by the FMC safety rules; a CONDITIONAL rating indicates that the company has been found in violation of one or more regulations; an UNSATISFACTORY rating shows significant non-compliance with the federal requirements.

Why Is a DOT Number Lookup So Important?

A USDOT number is an identifier issued by the Federal Motor Carrier Safety Administration (a division of the United States Department of Transportation – U.S.DOT). It is assigned to a census record in the Motor Carrier Management Information System (MCMIS) and allows the government to track carriers on their system. The number is unique for each company and gives quick access to its safety information (an indicator of its compliance with a number of federal regulations designed to protect the customers and improve the quality of the moving industry). All companies that transport passengers or haul cargo between states must be registered with the FMCSA and have a USDOT Number in order to operate legally.
Companies that ship intrastate may also need a USDOT number if: they transport hazardous materials in amounts that require safety permits; they have moving trucks with gross vehicle weight rating of more than 10,00 pounds; they have vehicles that are used to transport more than 8 passengers for payment (or more than 15 people in case they are not transported for compensation).

The FMCSA provides information about every moving company in the form of a concise electronic record of the carrier’s identification, type of operations, inspections summary, crash information, and safety rating. To get this information you need to go to the SAFER website and enter the mover’s name or DOT number in the blank field displayed in the middle of the page (do not forget to select your search criteria first). This will give you access to the company’s profile in the MCMIS and will reveal all the available data on the movers you’re interested in.

Company Status

The USDOT number check will give you the most important information about the company: The company’s type – the type of operations in which the company is engaged (a carrier, a shipper of hazardous materials, both a carrier and a shipper, etc.);

• The company’s operating status: if it says ACTIVE or AUTHORIZED FOR {Passenger, Property, HHG}, the carrier is authorized to operate and transport the specified type of goods/passengers. If this field says OUT OF SERVICE, NOT AUTHORIZED, or INACTIVE USDOT NUMBER, the mover has no right to operate. If the company has been ordered out of service, it will be listed in the Out of Service Date field; The company’s identification and contact information – its legal name, DBA name (a trade name under which the company does business), physical address, phone number, and mailing address; The company’s ID and registration numbers – USDOT number, State Carrier ID (for intrastate moving companies), MC/MX/FF Number (issued by the FMCSA to companies that conduct interstate transportation activities), and DUNS Number (corporate registration number), if applicable;

• Power units: the number of vehicles that are registered under the name of the company;

• Drivers: the total number of drivers employed by the company;

• Operation classification: the type of motor carrier (an X in front of a category indicates that it is relevant to the company, while the absence of a character means that the type of business/activity is not applicable to the company);

• Carrier operation: the company’s range of operation (interstate, intrastate hazardous material, or intrastate non-hazardous material transportation);

• Cargo carried: the type of cargo the company is authorized to transport.

You’re strongly advised to review all this information with great care and make sure that: the company you consider hiring for your move has an active USDOT number and is not ordered out of service; the company’s identification and contact information matches the ones you have received from the movers; the company is authorized for hire (there should be an X before “ For Hire” in the Operation Classification field); the company is allowed to transport household goods (there should be an X before “Household Goods” in the Cargo Carried field); the company is authorized to operate interstate (there should be an X before “Interstate” in the Carrier Operation field), which is of primary importance if you’re moving out of state. Once you’ve confirmed that the movers are properly licensed and certified, you need to find out how reliable they are. Your dot number check will provide you with some useful information on that aspect as well.

Inspections and Crash Reports

Below the general company information, you’re going to find a table that shows the number of inspections that were made to the movers during the last two years, together with the corresponding results.

• The first row of the table indicates the number of roadside inspections made to the vehicles, drivers, and hazmat (when applicable).

• The second row shows the number of inspections which resulted in an “Out of Service” status (this means that the mover has made one (or more) out of service violations during a single inspection). If you see high numbers in this row, you may want to stay away from the company in question.

• The third row shows the percentage of inspections that resulted in an “Out of Service” status. Naturally, the lower the percentage, the better.

• The fourth row is the National Average – the percentage of all inspections made in the country that resulted in an “Out of Service” status for the year specified in the field. If the numbers in this row are smaller than the numbers in the third row, you need to raise your guard and consider a different moving company.

Safety Ratings

Last but not least when performing your USDOT number lookup, you need to turn your attention to the company’s Safety Rating status. It shows the carrier’s compliance with the Federal Motor Carrier Safety Regulations:

• A SATISFACTORY rating means that there is no significant non-compliance with the safety requirements;

• A CONDITIONAL rating indicates that the company has been in violation of one or more safety regulations;

• An UNSATISFACTORY rating shows substantial non-compliance with the federal regulations.

A dot number check won’t be enough to ensure your successful relocation, but it will help you find reliable professionals who will do a good job with your move. It is only the first step in your research, yet it is indispensable. You need to verify the USDOT number of a moving company in order to confirm its legitimacy. Only when you’re absolutely certain that you’re dealing with properly licensed and fully qualified movers can you begin to consider hiring them for your move. Before making your final decision, however, you’re advised to dig a bit deeper: Call FMCSA for further details concerning the company’s insurance plans and practices – you want your chosen movers to be properly insured, fully bonded, and liable for damage; Find out if the company belongs to a movers’ association – if the company you consider hiring for your move holds accreditation from a well-known and highly esteemed movers’ association, such as AMSA, it is a guarantee of reliability and professionalism;
Check the company’s rating with the BBB; Find out if the company has won any awards or accolades for service; Ask for references and get recommendations from other people who have recently used the movers’ services; Read moving reviews left by previous customers of the moving company to find out if they were happy with their choice and if they had any problems with the movers. Consult a reliable, up-to-date list of the top-rated long distance moving companies in the country.

Research the company’s online profile – visit the company’s webpage and look for warning signs of moving fraud or convincing evidence of the movers’ reliability and competence; check their social media pages; join local forums to get useful feedback from people who have recently worked with the company, etc.; Call the FMCSA’s safety violation and consumer complaints hotline or research the database of reputable consumer protection sites, such as ProtectYourMove.gov, MovingScam.com, etc., to check the company’s complaint history; Examine the movers’ paperwork to make sure that it is full and clear.Checking the USDOT number of the moving company you’re interested in on the SAFER database is a great way to confirm that you have chosen a legitimate and trustworthy mover. When paired with some further research, your USDOT number lookup will help you find out everything you need to know about the moving company. Then, you’ll be able to make an informed decision about your move and ensure a safe, smooth, and simple relocation that will give you a successful head start in your new life.

Transportation Lawyer Free Consultation

When you need legal help with the United States Department of Transportation, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

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

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Divorce and all legal issues associated with this pivotal life event can be resolved through negotiation, mediation and dynamic representation in trial. Legal elements connected to divorce include custody, visitation and asset and property division. Your best legal support will come from a Salt Lake City family law attorney who has open communication with you and helps you to make important decisions with the information and insight you need. Family lawyer can help you with a number of issues related to family law including, but not limited to:

• Asset and property division is a fair and just distribution of marital property and debts.
• Child Custody includes disputed cases. In sole physical custody the most able parent, best equipped to provide a safe, stable and healthy environment is selected. Visitation can be a part of this to help the noncustodial parent continue a relationship with the child.
• Shared custody means that both parents demonstrate the ability to cooperate and communicate in sharing responsibility for a child.
• Visitation involves the creation of comprehensive parenting plans suited to individual family circumstances. They protect your children’s well-being and your vital relationship with them.
• Child support Utah courts recommend that you consult an attorney about child support. This is because calculating child support can be very complicated. It’s possible to limit your consultation to this or other aspects of your case.
• Protection orders are often necessitated when domestic violence is threatened. They may also be requested by a party seeking to gain an advantage in a custody dispute.
• Adoption and guardianship are alternatives that enable other responsible caregivers such as stepparents and grandparents the legal right to make important decisions regarding the welfare and protection of children.
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• Prenuptual and Postnuptual Agreements can not only help protect assets, but it can also help clarify any debt issues. We live in a time when divorce is more common, it is always wise to be informed.
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• Parental Kidnapping or parental abduction is defined as the concealment, taking, or retention of a child by his parent in violation of the rights of the child’s other parent or another family member.
• Grandparent’s Rights – Grandparents are heavily involved in child rearing in many families, sometimes as the primary caretakers.

In Utah, you can get a no-fault divorce. We can also help with custody whether or not there has been a discussion about ex-nuptial children. With the enactment of this bill, divorce was granted based on living separately for at least 12 months. It also quickened the divorce process, reducing the waiting period to one month. FLA defines marriage as a”union between 2 persons, to the exclusion of all others voluntarily entered into for life”. This has been interpreted by the Australian courts to include same-sex marriages and common-law marriages. Although this is an Australian bill, the Utah courts and legislature have used this ground-breaking act as a basis for rulings and legislation in our state. The cost of mediation is determined, in large part by the mediator’s hourly fee. This averages around $100 to $300 per hour, depending on the skill and experience of the mediator. Some mediators also charge for a full-day or half-day session (no matter how much time you use). Some US states recognize live-in relationships when they fall into the parameters of common-law marriage. Essentially, this is when a couple has lived together for so long, they are virtually married. However, each state defines this arrangement somewhat differently. It’s important to note that Utah is one of the handful of states that accepts common law marriage as a type of marriage. In addition, if the marriage was formed in Utah (or another state that recognizes this status as a valid marriage), the couple will be considered married by the law in other states, even if they do not recognize such unions that are formed in their state. A family attorney is a lawyer trained and experienced in handling matters that come before the family courts, such as adoption, divorce and custody disputes. He or she represents the best interests of the clients and lends his or her expertise and experience to the proceedings. After all, family law situations are stressful situations. This is no time to be teaching yourself the nuances of the law so that you can represent yourself. In general, attorney fees are not tax-deductible. However, if they are incurred trying to collect money, such as suing a former spouse for child support, you may be able to deduct them from your tax return. Court fees are never tax-deductible.

Things a Family Lawyer Can Do

• Handling Divorce Issues: Undergoing a divorce is probably one of the most draining experiences that a family can face. Emotions may set in and make it impossible for a couple to settle it calmly. In such a case, a family law attorney can act as a mediator, and assist them to approach the issue rationally and within the law. In other words, a competent family law attorney can assist couples in the process of divorcing to settle the matter fairly without necessarily going to court. Consult Austin Lawyer Referral Service to refer you to a knowledgeable family lawyer.
• Handling Estates and Wills: A will is a legal document through which people state how they would wish their property to be managed when they die. Family law attorneys are responsible for assisting people in drafting these documents. They also have what it takes to ensure that an estate is administered as stated by a deceased via the will.
• Handling Child Custody Agreements: When a couple separates, one of the most difficult issues to handle has to be what happens to the children. Couples need to agree on how to take care of the children they have had together in the new arrangement. Child custody is defined by an agreement in which both parents have to live with the terms therein. A competent family lawyer can help parents that are parting ways to draft such an agreement. A family law attorney can also help parents in amending child custody agreements if need be.
• Handling Prenuptial Agreements: A prenuptial agreement is a contract signed by a couple prior to a marriage or a civil union. Although the content of such a contract may vary from one case to another, its main aim is to spell out the provisions of spousal support and division of the property in the event of a breakup or a divorce. A family lawyer can assist a couple in drafting a prenuptial agreement and handling any matters that may arise from the contract according to the law.
• Represent Litigants in Court: Although family attorneys can help people to settle family disputes outside court, some of these matters still end up in the courts. In such a case, family lawyers are best suited to help litigants get justice. These attorneys handle such cases almost every other day, and therefore, they have the necessary legal knowledge and practical experience to help litigants to navigate the complex jungles of the family law and ensure that justice is served accordingly.

Private Family Law

Private Family Law cases are those brought forward by individuals. These generally include divorce, civil partnership dissolution and private disputes concerning children. Additionally, they can involve matters such as financial applications, special guardianship orders and orders under s8 of the Children Act 1989 to decide a child’s primary residence, parental contact and other specific disputes. On the other hand, Public Family Law cases are those brought forward by local authorities or an authorised person such as the NSPCC to protect the child. These can include matters such as care orders regarding a child’s parental responsibility, supervision orders to put a child under the supervision of the local authority and emergency protection orders which ensure a child’s immediate safety.

Family Law Arbitration

Arbitration is an out-of-court process and an alternative way to resolve disputes. It is private, confidential and carried out by a trained arbitrator. More often nowadays, family law practice includes a commitment to offering alternative dispute resolution such as arbitration to avoid resorting to potentially stressful court action. Some family lawyers may even have trained as mediators or arbitrators to be able to provide such services to their clients During family law arbitration, parties enter into an agreement under which they allow the arbitrator to adjudicate a dispute regarding finances or children following a relationship breakdown. They agree to be bound by the reasoned written decision of the arbitrator. Arbitration is often described as faster and more flexible than formal court decision making. Due to this, it is often more cost-effective than court. However, arbitration is not suitable for everyone. For example, if one party may attempt to hide assets or if one of the parties is in fear of the other or is particularly vulnerable, arbitration may not be suitable.

How Do I Know If I Need a Family Lawyer?

You may want to consult with a family lawyer for any big changes in the family dynamic, including:
• Civil unions and domestic partnerships
• Marriage
• Prenuptial agreements
• Divorce
• Separation
• Property settlements
• Alimony
• Child abuse
• Spousal abuse
• Child custody
• Child kidnapping
• Adoption
Not every family attorney will have experience in all of these categories. Be sure to ask which areas your lawyer practices to confirm that his or her practice areas fit your needs.

How Much Does a Family Lawyer Cost?

Family lawyers typically charge by the hour, though some also use flat rates for simple services like document drafting or reviews. Rates will vary depending on where you live and the complexity of the matter. Set a rate with your lawyer up front so that you know what to expect at the end.

What Should I Expect When Working with a Family Lawyer?

Because the family law practice area is so broad, it’s hard to say exactly what you can expect from a family law proceeding. But in the end, you should have a better defined relationship with your family. In any case, your lawyer should supply you with advice on whether you should take your case to court and how strong your case is. Your lawyer should take you through every step of the process of filing papers or a lawsuit.

For document creation or review, you can expect that your family lawyer will create a legally binding agreement that has clear terms you can understand. If you have to go through negotiations or go to court, there is no guarantee that the outcomes will be ideal for you, but having a family lawyer on your side will give you the best information and chance of winning your case. The family can concentrate on healing, and leave the legalities to the lawyers who will:
• File paperwork
• Negotiate with insurance companies
• Value the claim
• Oversee witness statements
• Find and secure expert testimony
• Move the legal process forward
It is important to contact legal counsel soon after the personal injury has occurred. There are statute of limitations laws regarding the timing of different aspects of the legal process. It is important to have a legal representative watching the legal clock of your claim. Personal injury claims are not about punishing the person who did wrong, but about compensating the person who was hurt by the actions of another. If you, or a loved one, have been injured because of the actions of another person or business, contact Salt lake City Family Lawyer today to discuss your options.

Family Lawyer Salt Lake City Free Consultation

When you need legal help from a family lawyer in Salt Lake City 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

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from Michael Anderson https://www.ascentlawfirm.com/salt-lake-city-family-lawyer/

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