Divorce St. George

Divorce happens after a married couple does not want to be legally married and/or living together anymore; it is legally dissolving a marriage.

How Much Does A Divorce Cost In St. George, Utah?

There is a lot that goes into the divorce process. Filing for divorce costs alot in Utah, however, there is a lot more to a divorce than just a small fee.

• Mutually agreed divorce: When a couple can agree on the terms prior to them filing for divorce, the cost can be significantly lower than if they are not on agreeing terms. The average cost of a divorce when both parties already agree on all terms for the divorce can be as low as $100-$400. When they are not on agreeing terms, it can involve divorce attorneys. Most divorces are far more expensive than just a few hundred dollars.
• Having Minor Children: Filing for divorce while they are minors involved can make it more lengthy and costly. What this really means is that attorneys need to be involved in order to complete the divorce process. The average cost of a divorce according to Utah divorce law is in Utah is $13,200, including around $10,000 in attorney fees. The average hourly rate for divorce attorneys in Utah is $250, it takes on average 53 hours total work time to start and complete a divorce.
• Disputing over Alimony: Alimony is the financial legal obligation for a spouse in the event of a marriage separation or divorce. In the event of a divorce, sometimes there are disagreements over how much support one spouse is willing to provide.
• Property Division problems: When a couple files for divorce, one major component of the divorce according to Utah divorce law is the division of property. Property can be one of the most disputed issues in any divorce.
• Do-It-Yourself: Utah divorce law says that if both spouses are in full agreement to all of the terms of the divorce, then a Do-It-Yourself or DIY divorce can be an option that is much cheaper. In Utah, there are clinics that offer their DIY divorce for a price much lower than that of one that involves a divorce attorney. If a couple file for divorce and they do not have minor children, the total DIY divorce is somewhere between $1,000 and $2,000, and remember – there is the $350 +/- Utah divorce court filing fee. If a couple file for divorce with minor children, the DIY divorce can cost even more than that. Keep in minds that many who choose to undergo a divorce without professional legal help end up dealing with long-term unfortunate consequences down the road.

How Long Does A Divorce Take In St. George, Utah?

Utah divorce law says that a divorce has a minimum 90 day mandatory waiting period; this is a time where the spouses should ‘cool off’ and helps many people make rational decisions because emotions won’t be so high. Once the 90 day waiting period is over, the divorce may be completed – it will take at least 90 days to complete

What Is An Uncontested Divorce?

An uncontested divorce means that all of the aspects of your divorce have been agreed upon between you and your spouse. If you and your spouse can discuss and reach an agreement as to all the terms that you would like incorporated in your Decree of Divorce (and Parenting Plan if there are minor children), you can save your family thousands of dollars, and spare your family months if not years of litigation.

How Do I Obtain An Uncontested Divorce?

After meeting with you and collecting the necessary information, Lawyer prepares a Stipulation, that will contain all the necessary provisions that you and your spouse have agreed to, as well as all the provisions required by Utah law. After the Stipulation is signed by both parties, Lawyer will prepare all the additional documents necessary to obtain your Decree of

Divorce from the court.

Why Do I Need An Attorney If My Spouse And I Have Reached An Agreement On Our Own?

Even if you and your spouse have reached your own agreement, and/or utilized the court’s online assistance program, you should meet with an attorney to ensure that you have included all the necessary provisions in your divorce decree. Unlike most civil cases, divorce proceedings never really close. A decree of divorce can be modified if there is a substantial change of circumstances, or reopened if the parties neglect to include a necessary provision. Modifications can be extremely costly and time consuming. You want to get it right the first time. Additionally, if you have minor children you may need to include a Parenting Plan which you will have to live with, and abide by, until your youngest child reaches the age of majority. You owe it to yourself and your family to meet with an attorney to make sure you has addressed not only the issues you and your spouse are currently facing, but also the issues and contingencies that you may be faced with in the future.

What If My Divorce Becomes Contested?

Unfortunately, many couples cannot reach an agreement or stipulation on their own. If you and your spouse cannot reach an agreement, A Lawyer can represent you at our hourly rates. The majority of contested divorces eventually resolve through settlement, and very few end in trial. Utah Law dictates that before a court will hold a trial in a divorce proceeding, the parties must attempt to resolve the matter through mediation.
Do-It-Yourself Divorce (DIY Divorce)
Doing your own divorce through Utah Legal Clinic is easy and economical. The process will save you substantial money and allows you to end a marriage with minimum involvement by lawyers and the legal system. To qualify for a Do-It-Yourself Divorce, your divorce must be completely uncontested. This means you and your spouse must be in full agreement as to all terms. Many times, Utah Legal Clinic can determine quickly over the phone if you qualify for the Do-It-Yourself Divorce service. In most cases, no court hearing is required for uncontested divorces.

The Difference Between a Divorce and an Annulment

There are two options for legally leaving a marriage: divorce and annulment, and there are several similarities and differences between the two. Legally, some of the biggest differences include the type of evidence that is required to obtain an annulment vs. a divorce and the obligations to and from the former spouse with each ruling. Many religions define divorce and annulment as well, and the legal ruling does not necessarily have to align with the religious designation. The biggest difference between a divorce and an annulment is that a divorce ends a legally valid marriage, while an annulment formally declares a marriage to have been legally invalid.

Divorce: A legal dissolving, termination, and ending of a legally valid marriage. A divorce ends a legal marriage and declares the spouses to be single again. No-fault divorces, in which neither party is required to prove fault on the part of their spouse, is legal in every state, though some require that the couple live apart for a period of time before either can file. “Irreconcilable differences” is often cited as grounds for a no-fault divorce. Common grounds cited for fault divorces can include things like adultery, imprisonment, or abandonment. Regardless of type, the divorcing couples may still have disputes about property, finances, child custody, and more that must be settled through court orders. Fault divorces can lead to larger settlements for the party without fault.

Annulment: A legal ruling that erases a marriage by declaring the marriage null and void and that the union was never legally valid. However, even if the marriage is erased, the marriage records remain on file. Note that a religious annulment is not a legal dissolution of a civil marriage. There are different reasons for pursuing a divorce versus an annulment. At the core, ending a marriage is generally because one or both spouses want to leave the union. A divorce, which is much more common, is sought when the parties acknowledge that the marriage existed. An annulment is sought when one or both of the spouses believe that there was something legally invalid about the marriage in the first place. An annulment ends a marriage that at least one of the parties believes should never have taken place. If the marriage took place despite unknown facts, such as a secret child, or even a secret illness, it may be voidable. An annulment can also end a marriage if the marriage was not legal to begin with. This might occur if issues such as bigamy or incest made the marriage illegal. The legal grounds for obtaining an annulment vary between states, but typically include reasons like the following:
• One or both spouses were forced or tricked into the marriage.
• One or both spouses were not able to make a decision to marry due to a mental disability, drugs, or alcohol.
• One or both spouses were already married at the time of the marriage (bigamy).
• One or both spouses were not of legal age to marry.
• The marriage was incestuous.
• Concealment of major issues such as drug abuse or a criminal history

Length of the Marriage

Often, people assume that a very brief marriage can be ended with an annulment due to the short duration. However, legal experts disagree. While many states will not grant an annulment after a certain length of time, there is not an automatic annulment granted to end a marriage because the couple wants to end it after a short period of time. The marriage still has to meet one or more of the conditions above in order for it to be annulled.

Legal Assistance

Both types of marriage dissolution can be fairly complicated from a legal standpoint, requiring costly and lengthy legal proceedings. And both start the same way, with one or both of the spouses formally asking the court for either a divorce or an annulment. Either a divorce or an annulment can also be simple and low-cost if both parties agree to end the union without too many disputes or disagreements about how to do so.

After a Divorce or Annulment

Among the differences between the two types of marriage dissolution: After an annulment, the marriage is considered to have never legally happened. It is as if the clock is turned back to before the marriage. After a divorce, the former spouses may still have obligations to each other, such as spousal support, joint childrearing, and division of shared property.

Finances After Divorce vs. Annulment

After a divorce, spouses are often entitled to a certain number of years of spousal support, alimony, or a portion of each others’ profits or property gained during the marriage. With an annulment, in contrast, the parties are not really considered to have been valid spouses and are not entitled to these same rights. Instead, they will revert to the financial state they were in prior to the marriage.

Religious Rules

Many religions have guidelines regarding divorce and annulment. Often, permission is granted by religious clergy or by written guidelines. Obtaining permission to have an annulment or a divorce from your religious leaders is usually a completely separate process from the legal process. The rules regarding divorce and annulment in your religion often determine whether one, both or neither of the partners has permission to marry again within the religion or in a religious ceremony or to participate in religious rituals. A court of law may consider your religious marital status but does not have to recognize the religious determinations when making rulings about spousal support, property disputes, or any other legal issues.

Determining the Division of Property During a Divorce

Utah domestic courts focus on providing equality to both parties. When going through a divorce, certain assets will need to be split between both parties. Division of property in Utah can be complicated as each case is unique. Utah recognizes two types of property in a divorce case: separate property and marital property.

Separate Property

Separate property is defined as property belonging to one spouse. The property owned by the spouse is normally acquired before the marriage, or property left to that person through a will of a deceased loved one or acquaintance.

Marital Property

Marital property is deemed as property acquired during the marriage. Both parties may or may not be on the deed to the property together, however the property is normally paid for during the marriage. The courts will consider several factors when determining how to divide property including:
• The amount and type of property to be divided
• Source of the property
• Health of both parties
• Standard of living for both parties
• Financial conditions of both parties
• Needs of both parties
• The earning capacities of both parties
• Duration of the marriage
• What both parties gave up in the marriage
The division of property is related to the amount of alimony awarded. The court will consider all these factors as they make the ruling on which spouses get to keep different property. If there is a large discrepancy in the incomes of the two spouses, the court often sides with the lesser-earning party by awarding them with more marital assets.

Debt and Divorce

Marital debt is split during the divorce. Something that is not discussed is the role of the debtor in the new arrangement. Even if the debt is joined and your spouse agrees to pay for it, your credit can still be hurt if they fail to make payments. If your spouse incurred debt you were unaware of, you can be legally responsible for this debt as it is deemed joint debt. To protect you financially, Lawyer focus on full disclosure during settlement negotiations by requiring both parties to list all debtors, account numbers, and current amount of debt.

St. George Utah Divorce Lawyer

When you need a divorce in St. George 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

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Utah Code 57-1-2

Utah Code 57-1-2: Words Of Inheritance Not Required To Pass Fee.

The term “heirs,” or other technical words of inheritance or succession, are not requisite to transfer a fee in real estate.

The Rights of Heirs under a Trust or Will

Sooner or later many people find that they are going to inherit money or assets from a relative or friend’s trust or estate and that is usually a bittersweet discovery. They have lost a loved one or a good friend but are also going to receive an asset, usually tax free that can make a huge difference in one’s life. It is a gift of love from someone who often was an important part of life and that gift is often a very emotional event. And then the weeks, then months pass, and the asset somehow is not transferred and seems mired in various court or tax issues that delay the actual transfer. What was a gift from a friend or loved one becomes a matter requiring complex documentation, many meetings, letters or discussions, costs for attorneys and accountants, executors, trustees and even filing fees for courts. It may seem that the executor or trustee or legal and accounting professionals are grasping what they can from this gift of love. For many heirs, frustration and often anger mounts. We hear it all the time. What began as a gift ends up as a complicated and, at times, an apparent expensive exercise of bureaucratic inefficiency. Often the heirs have goals and plans for the inheritance that are delayed or made impossible as the probate process slogs along. The executor or trustee seems disinclined to move it along with efficiency yet seems to want his or her fees promptly. Tensions rise.

Probate versus Trust Administration

Probate: This is the public legal process by which a decedent’s property is distributed to the specified heirs under court supervision. An executor (if there is a Will) or administrator (if they die without a Will) is appointed by the court and that executor/administrator has the obligation to account for all assets, pay all creditors, pay all taxes, and, with court approval, make a formal accounting and then pay the remainder to the specified heirs. If there is a Will, the Will will specify the heirs. If there is no Will, the law will specify who inherits what. The executor or administrator receives a fee for his or her services, usually specified in a schedule published by the court and is allowed extraordinary fees if particular services are required, such as commencing litigation or selling real property. The executor or administer has a fiduciary duty to the heirs and is personally liable for failure to perform. The process is a public one with documents filed with the court and available in the court records. Normally, an accounting is filed within a year and the probate is closed with the court approving the final accounting and distribution one to two years after the probate begins.

If taxes are due the probate will remain open for at least a year since there are tax advantages in that approach. Estate taxes are only due of the assets are substantial (over five million if a single person, over eleven million for a couple) but income tax returns may have to be filed for the estate. Attorneys are usually hired by the executor or administrator to handle the various legal filings and an accountant as well to help with the accounting and tax returns. The attorney’s fees are also set by court schedules with extraordinary fees available if there is litigation or complex business aspects to the estate.

Accountants are usually paid their normal hourly fees.

Trust Administration: If one has a trust, normally there is no public probate process and the terms of the trust appoints the trustee or trustees, describes their duties, describes what fees they are entitled to, and provides for distribution of assets either outright or in trust both during the life of the creator of the Trust (the “Settlor”) and after the death of the Settlor. Trust administration is often faster than probate, but taxes still must be paid, and attorneys and accountants are usually retained by the trustee. Trustees have fiduciary duties to the beneficiaries of the trust and while there is no probate filed, the court is available to enforce the terms of the trust.

Basic Rights of Heirs

An heir is commonly thought of as someone who receives money or property from a person who has died. In legal terms, heirs are the next of kin and are the people who would normally benefit if the person died without leaving a will (died “intestate.”) The succession of intestate heirs is based on direct descendants, such as children or grandchildren. Other relatives, such as sisters and brothers, or aunts, uncles, nieces, nephews, and cousins, are called collateral heirs. If there is a written will, it specifies who will inherit and it often is not the people that would normally inherit intestate. A trust has “beneficiaries” rather than heirs, but they are treated the same as heirs in a will with their rights and inheritance being spelled out in the trust instrument. A person who receives property or a share of an estate under a will or trust has certain rights as soon as the will is probated, or the Settlor dies. Probate is designed to protect the rights of will beneficiaries. A trust beneficiary has the right to receive the share entitled in a timely manner and to receive written notice of the all substantive trust proceedings. A wise executor or trustee will provide ongoing reports to heirs and beneficiaries and, if the estate will take years to settle, will ask the court to allow preliminary distributions to the heirs. The fiduciary should promptly answer questions from the heirs as to status and the assets in the estate. Once the probate process has completed payment to creditors and taxes due as well as the accounting, distributions to heirs should promptly follow. While the trust document normally describes the process required of the trustee, the beneficiaries are also entitled to information as to assets, state of administration, and prompt payment of sums due them under the trusts.

Accounting

A beneficiary may ask the executor for an account of what actions the executor has performed for the estate. Any such report should be in writing, and the executor or trustee should be expected to provide supporting papers, such as receipts or canceled checks for payments, proof of asset transfers and statements from any estate bank accounts. The supporting papers must conform to the information the executor or trustee provides.

Executor or Trustee Compensation Approval

Beneficiaries have the right to object to the level of compensation an executor or trustee requests for services but assuming those requests are within the guidelines set by the court or trust instrument, such objections are unlikely to be approved by the court. Note that many executors do not wish to be paid since often it is a relative who acts as executor and they may waive compensation either due to family connections or because such compensation is taxable, and they may rather just inherit their share. In trusts, the compensation is normally set in the terms of the trust but if the terms are generic “reasonable” or “appropriate,” then the court is available to review and, again, conforming to the court schedule is usually required.

Fairness to Beneficiaries and Heirs

The will or trust beneficiaries are entitled to an executor or trustee who performs duties fully and honestly and without favoritism. An executor must not act in a way that harms the estate or favors one beneficiary over another, behave in a dishonest or illegal manner or fail to abide by the legal obligations. An heir may petition the court if he or she believes the executor or trustee has failed to perform duties properly but note that the burden of proof is on the petitioner. Courts give executors and trustees discretion as to many decisions and will not normally replace business judgment of the executor or trustee with the court’s own. But self-dealing or using trust resources for improper purposes is something courts will not allow. Remedies can be extreme, including personal liability of the fiduciary, removal of the fiduciary, etc.

Relief Available

Heirs can seek relief from the court via use of a petition during the pendency of the estate, or later, a complaint for breach of fiduciary duty if the wrongdoing is discovered after the estate is closed. Such a process can be expensive and prior to filing a petition or suit, careful analysis of the potential causes of action should be conducted by competent legal counsel in the venue of the estate. A trustee is subject to court review if a beneficiary claims wrongdoing and that can occur during the time of the trust or thereafter, subject to the statute of limitations. Each heir is owed a fiduciary duty by the executor or trustee. Each heir is owed an accounting and information as to actions occurring in the estate or trust and each heir is owed prompt distribution of his or her inheritance. But the heir must act to protect his or her interest and that may mean filing a petition in a court of law seeking relief.

Inheritance Law and Your Rights

Inheritance law governs the rights of a decedent’s survivors to inherit property. Depending on the type of inheritance law your state has, a surviving spouse may be able to claim an inheritance despite what you may have written into your will. This statutory right of a surviving spouse hinges on whether a state follows the community property or common law approach to spousal inheritance. Children, and sometimes grandchildren, also have a right to claim an inheritance when a parent or grandparent dies.

Inheritance Law in Community Property States

Community property is generally property acquired by either spouse during the marriage. This includes income received from work, property bought during the marriage with income from employment, and separate property that a spouse gives to the community. A spouse retains a separate interest in property acquired through the following methods:
• Inheritance or a gift
• Acquisition of the property prior to the marriage
• An agreement between the spouses to keep the property separate from the marriage community.

In a community property state, each spouse owns a one-half interest of the marital property. Spouses have the right to dispose of their share of the community property in whatever way desired. A deceased spouse, for instance, can elect to give his or her half of the community property to someone other than the surviving spouse. Spouses cannot give away the other spouse’s share of the community property, however. A provision in a prenuptial agreement may also change a spouse’s right to distribute the property. A spouse has the sole right to dispose of their separate property. A deceased spouse can distribute both their separate property and their share of the community property in a will.

Inheritance Law in Common Law States

Unlike a surviving spouse in a community property state, a spouse is not entitled to a one-half interest in all property acquired during the marriage. In a common law state, both spouses do not necessarily own the property acquired during marriage. Ownership is determined by the name on the title or by ascertaining which spouses’ income purchased the property if a title is irrelevant. If, for example, only one spouse takes the title to a property, the spouse with the name on the deed owns the house even if the other spouse actually paid for it. A surviving spouse in a common law state has protection from complete disinheritance, however. Every common law state has different guidelines, but most common law states’ inheritance law allows the surviving spouse to claim one-third of the deceased spouse’s property. A deceased spouse can choose to leave less than a state’s mandated inheritance right, but the surviving spouse may make a claim with the court to inherit the predetermined amount. The will is carried out according to the decedent’s wishes if the surviving spouse agreed in writing to accept less than the statutory amount or the surviving spouse never goes to court to claim the legal share.

Inheritance Rights of a Spouse after Divorce

Once a divorce becomes final, many states automatically revoke gifts made in the will to the ex-spouse. In other states, a divorce has no effect on gifts to the ex-spouse. It is best to create a new will after a divorce becomes final to prevent an unintentional gift to a former spouse.

Inheritance Rights of Children

Unlike a spouse, a child generally has no legally protected right to inherit a deceased parent’s property. The law does protect children when an unintentional omission in a will occurs, however. The law presumes that such omissions are accidental — especially when the birth of the child occurred after the creation of the will. Depending on whether a spouse survives the decedent, the omitted child may inherit some portion of the deceased parent’s estate. If the omission was intentional, though, the will should expressly state this.

Rights and Liabilities of Heirs

No one is an heir to a living person. Before the death of the ancestor, an expectant heir or distributee has no vested interest but only a mere expectancy or possibility of inheritance. Such an individual cannot on the basis of his or her prospective right maintain an action during the life of the ancestor to cancel a transfer of property made by the ancestor.

Gifts and Conveyances in Fraud of Heirs

A person ordinarily has the right to dispose of his or her property as he or she sees fit, so that heirs and distributees cannot attack transfers or distributions made during the decedent’s lifetime as being without consideration or in fraud of their rights. For example, a parent during his or her life can distribute property among his or her children any way he or she wants with or without reason, and those adversely affected have no standing to challenge the distribution. One spouse can deprive the other of rights of inheritance given by statute through absolute transfers of property during his or her life. In some jurisdictions, however, transfers made by a spouse for the mere purpose of depriving the other of a distributive share are invalid. Whether a transfer made by a spouse was real or made merely to deprive the other spouse of the statutory share is determined by whether the person actually surrenders complete ownership and possession of the property. For example, a husband’s transfer of all his property to a trustee is void and illusory as to the rights of his surviving wife if he reserves to himself the income of the property for life, the power to revoke and modify the trust, and a significant amount of control over the management of the trust. There is no intent to part with ownership of his property until his death. Such a trust is a device created to deprive the wife of her distributive share. Advancements or gifts to children, including children by a former marriage, which are reasonable in relation to the amount of property owned and are made in Good Faith without any intent to defraud a spouse, afford that spouse no grounds of complaint. Good faith is shown where the other spouse knew of the advancements. If a spouse gives all or most of his or her property to the children without the other spouse’s knowledge, a rebuttable presumption of fraud arises that might be explained by the children.

Debts of Intestate Estate

Heirs and distributees generally receive property of their ancestor subject to his or her debts. The obligation of an heir or distributee to pay an ancestor’s debt is based upon his or her possession of the ancestor’s property. All property of an intestate ordinarily can be applied to pay his or her debts, but, generally, the personal property must be exhausted first before realty can be used.

Rights and Remedies of Creditors, Heirs, and Distributees

The interest of an heir or distributee in the estate of an ancestor can be taken by his or her creditors for the payment of debts, depending upon the applicable law. Advancements received by an heir or distributee must be deducted first from his or her share before the rights of creditors of the heir or distributee can be enforced against the share.

Utah Real Estate Lawyer

When you need a real estate lawyer in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

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

Ascent Law LLC

4.9 stars – based on 67 reviews

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Cybersquatting Lawyer

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Cybersquatting Lawyer

If you own a trademark and find that someone is holding it hostage as a domain name until you pay a large sum for it, you may be the victim of cybersquatting. Cybersquatting is registering, selling or using a domain name with the intent of profiting from the goodwill of someone else’s trademark. It generally refers to the practice of buying up domain names that use the names of existing businesses with the intent to sell the names for a profit to those businesses. The practice that’s come to be known as cybersquatting originated at a time when most businesses were not savvy about the commercial opportunities on the Internet. Some entrepreneurial souls registered the names of well-known companies as domain names, with the intent of selling the names back to the companies when they finally woke up. Opportunities for cybersquatters are rapidly diminishing, because most businesses now know that nailing down domain names is a high priority.

Recognizing Cybersquatting

• Check where the domain name takes you: As a general rule, first check to see if the domain name takes you to a website. If it does not take you to a functioning website, but instead takes you to a site stating “this domain name for sale,” or “under construction,” or “can’t find server,” the likelihood increases that you are dealing with a cybersquatter. The absence of a real site may indicate that the domain name owner’s only purpose in buying the name is to sell it back to you at a higher price. Of course, absence of a website does not always mean the presence of a cybersquatter. There may also be an innocent explanation and the domain name owner may have perfectly legitimate plans to have a website in the future. If the domain takes you to a functioning website that is comprised primarily of advertisements for products or services related to your trademark, you may also have a case of cybersquatting. For example, if your company is well-known for providing audio-visual services and the website you encounter is packed with ads for other company’s audio-visual services, the likelihood is very strong that the site is operated by a cybersquatter who is trading off your company’s popularity to sell Google ads to your competitors.
• Contact the domain name registrant: Before jumping to any conclusions, contact the domain name registrant. Find out whether there is a reasonable explanation for the use of the domain name, or if the registrant is willing to sell you the name at a price you are willing to pay.

What You Can Do to Fight a Cybersquatter

A victim of cybersquatting in the United States has two options:
• sue under the provisions of the Anticybersquatting Consumer Protection Act (ACPA), or
• use an international arbitration system created by the Internet Corporation of Assigned Names and Numbers (ICANN).
Trademark experts consider the ICANN arbitration system to be faster and less expensive than suing under the ACPA and the procedure does not require an attorney.

Using the ICANN Procedure

In 1999, ICANN adopted and began implementing the Uniform Domain Name Dispute Resolution Policy (UDNDRP), a policy for resolution of domain name disputes. This international policy results in an arbitration of the dispute, not litigation. An action can be brought by any person who complains (referred to by ICANN as the “complainant”) that:
• a domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights
• the domain name owner has no rights or legitimate interests in the domain name, and
• the domain name has been registered and is being used in bad faith.

All of these elements must be established in order for the complainant to prevail. If the complainant prevails, the domain name will be canceled or transferred to the complainant. However, financial remedies are not available under the UDNDRP.

Suing Under the ACPA

The Anticybersquatting Consumer Protection Act (ACPA) authorizes a trademark owner to sue an alleged cybersquatter in federal court and obtain a court order transferring the domain name back to the trademark owner. In some cases, the cybersquatter must pay money damages.
In order to stop a cybersquatter, the trademark owner must prove all of the following:
• the domain name registrant had a bad-faith intent to profit from the trademark
• the trademark was distinctive at the time the domain name was first registered
• the domain name is identical or confusingly similar to the trademark, and
• the trademark qualifies for protection under federal trademark laws that is, the trademark is distinctive and its owner was the first to use the trademark in commerce.

Defenses to ACPA lawsuits

If the accused cybersquatter demonstrates that he had a reason to register the domain name other than to sell it back to the trademark owner for a profit, then a court will probably allow him to keep the domain name.

What Can Be Done To Stop A Cybersquatter?

There is little you can do to safeguard completely against cybersquatting, short of buying up all conceivable domain iterations of your brand name and its potential misspellings. The most you can do is follow the best practice of checking regularly to see if a copycat website has popped up, and know what to do should it occur. Since many cybersquatting sites will attempt to trick your computer into sending over your private details or try to install malicious software on your device, it’s vital that you have the appropriate vulnerability management in place before you go investigating. A managed security service can help you safeguard your personal information and your business against phishing software and other threats. If you’re operating a business, you may want to look into investing in some CASB solutions. Cloud access security brokers (CASBs) are software tools that act as gatekeepers between your business’s local infrastructure and that of your cloud provider, ensuring that any traffic reaching your business complies with your security policies. Once you’ve carried out the checks mentioned above and have come to the conclusion that you’re dealing with a case of deliberate cyberstalking, you can:
• Raise a free complaint with the auDA through its official complaints form – just remember, if found guilty, the domain name will be deregistered completely and so may be bought up again by another cybersquatter.
• Consult the Dispute Resolution Policy and launch an independent arbitration process at a cost of $2,000 or more
• Report the incident to the Internet Corporation of Assigned Names and Numbers (ICANN) to enact the Uniform Domain Name Dispute Resolution Policy (UDNDRP), an international policy for the resolution of domain name disputes. If your claim is successful, the domain name will be cancelled or transferred to you, but this will not result in any financial remedies
• Hire a trademark attorney to look into the case for you. While this option is likely to be more pricey, it has the advantage of providing legal advice and dedicated service around your individual circumstances
Another option for dealing with a cybersquatter on your domain name is to file a lawsuit against the holder of the domain. This can be done by filing a lawsuit in Federal Court under the Anticybersquatting Consumer Protection Act (ACPA). The holder of the domain name is required to respond to the lawsuit, and failure to do so can result in a default judgment in your company’s favor. However, this method often takes longer than paying a cybersquatter for the domain and can be very expensive and time-consuming as you are required to navigate the courts. Use the international arbitration system that was designed by the Internet Corporation of Assigned Names and Numbers (ICANN). Under ICANN, a trademark owner can pursue the domain name through arbitration under the Uniform Domain Name Dispute Resolution Policy (UDRP). The complaining trademark owner must be able to prove that: they own a valid trademark; the domain name is identical or confusingly similar to their company’s trademark; that the cybersquatter has no legitimate interest in the domain name; and that the domain has been registered and used in bad faith. Each of the elements of the UDRP may appear on their face easy to establish, however, the facts may not be so clear after a thorough review. What makes the UDRP attractive is its speed and relative cost-effectiveness.

Legal Mechanism for Combating Cybersquatting

The Lanham Act is the primary law on trademark infringement in both the physical and the cyber marketplaces. Although the UDRP is the overwhelming choice of regime for cybersquatting in the 15 years of operation, Panels have handed down more than 45,000 decisions covering a multiple of domain names, the great majority of which favored trademark owners; there may be reasons for preferring a civil action, reasons that lie in the differences between the two regimes. While the ACPA and UDRP (and now the URS) have similar missions, they are differently constructed. The ACPA is an “either/or” model, which means that liability rests on proof that an alleged infringer either registered or is using the domain name in bad faith. The UDRP is an “and” model, which means that liability rests on proof that the alleged infringer registered and is using the domain name in bad faith. There is one other distinguishing feature that is particularly important and rarely highlighted, which is that the ACPA is a symmetrical and the UDRP an asymmetrical regime. With the ACPA, the prevailing party is entitled to injunctive relief, damages and attorney’s fees. For trademark owners this could be a primary incentive for a civil action, although it is also a double edged sword because, if the trademark owner overreaches its statutory rights, it will pay a heavy price in the form of attorneys’ fees and damages. With the UDRP each party bears its own costs and legal fees which are modest relative to a federal action. The asymmetry lies in the fact that only the complainant/trademark owner has an affirmative remedy, which is either cancellation or transfer of the domain name to its own name. For the domain name holder, the best it can get is a clean bill finding it either has a right or legitimate interest in the domain name, in which case it wins outright; or, if it lacks a right or legitimate interest the trademark owner fails to prove abusive registration. If the trademark owner has overreached by attempting a reverse domain name hijacking the Panel is authorized to issue a declaration to that effect, but the sanction is without economic penalty. The compensatory reasons for a trademark owner choosing the UDRP lie in the efficiency of its procedures and the quickness in resolving disputes. Reasoned decisions are generally delivered within 45 days of filing a complaint. Also, in the 15 years of its existence, the UDRP has developed an impressive jurisprudence that is partly based on trademark law, but which has essentially developed in much the same way as the common law, namely through successive decisions. This makes for a fairly predicable outcome in most cases. There is no appellate procedure under the UDRP, but if either party is unhappy with the UDRP decision it may commence a de novo civil action under the ACPA.

Arbitrating Under The UDRP

The UDRP has a simple three part structure. For standing to maintain an administrative proceeding the complainant has to prove two elements: the domain name is either identical or confusingly similar to the trademark; and complainant has to have a trademark right. Applicants for trademark rights are ineligible. Other parties who may be aggrieved by a domain name registration but have no trademark rights (an individual personal name for example), have no standing to complain. If complainant has standing it must then prove that respondent lacks any right or legitimate interest in the domain name in issue. Finally, the complainant has to prove that the respondent has registered and is using the domain name in bad faith. The common denominator of bad faith is targeting a complainant’s trademark with the intent of profiting from it. Bad faith is defined by the respondent’s acts in either registering or using the domain name. There are four nonexclusive circumstances that, in practice, cover a good bit of the universe of possibilities. Bad faith is found on proof of
1. extortion,
2. expropriation,
3. competitor foul play, and
4. impersonation
The first three are distinguished by focusing on registration. The fourth targets mark owners through their use of the domain name.

Cyber Law

Cyber law, is been fast evolving into its own castigation pushing the traditional law firms into lucrative new legal areas. Legal combats most active area has been domain name disputes that involve indictments of trademark infringement, habitually by cybersquatters. Introduced by United States for the first time, cyberspace specific trademark legislation with Anti-Cybersquatting Infringement Act of 1999 (ACPA) was inclusive in US Trademark law.

Trademark Law

Trademark law, has advanced to certify that the consumer is not mislead with respect to the product source. Accordingly trademark law helps maintain quality assurance. The benefits extend to the trademark owner. A trademark signifies a substantial expanse of benevolence from the view point of trust and recognition of customers. Hence, the trademark becomes valuable assets to businesses that their owners are profound to protect. Internet being most widely used commercial tool, company’s haven been beleaguered by cybersquatters. These squatters register trademarks as domain names thereby not allowing the trademark owners’ have their website created using their own mark. Since domain name disputes encompass trademark, traditional trademark law has been applied as well bigoted competition, slander, distorted and deceptive practises and passing off.

Domain Name Disputes

In 1993, very few businesses realised the commercial opportunities with internet still being in its infancy. The leading corporations were also slow to identify the use of technology provided by internet those days. In 1995, the number of domain names registered worldwide was 100,000 and 5 million in 1999. By 2000, this number jumped to 15 million domain names. In recent times, there has been a rapid increase in the growth of businesses and in respective domain name registration. Domain name registration has heated up from then.

Trademark Infringement

Domain name is the internet protocol address uniquely assigned to a single computer via internet. Once this IP address coincides with name of a business that moment it becomes a valuable asset. For instance, an IP address 192.160.1.30 when turned into something like puma.com, this leads us to a totally new world which would involve consumer recognition and loyalty towards the brand or trademark. The association with the trademark makes the domain name a profitable tool.

Free Initial Consultation with Lawyer

It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!

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Utah Criminal Code 76-5-102.6

Utah Criminal Code 76-5-102.6: Propelling Substance Or Object At A Correctional Or Peace Officer–Penalties

1. Any prisoner or person detained pursuant to Section 77-7-15 who throws or otherwise propels any substance or object at a peace officer, a correctional officer, or an employee or volunteer, including a health care provider, is guilty of a class A misdemeanor, except as provided under Subsection (2).
2. A violation of Subsection (1) is a third degree felony if:
a. the object or substance is:
I. blood, urine, or fecal material; an infectious agent as defined in
II. Section 26-6-2 or a material that carries an infectious agent;
III. vomit or a material that carries vomit;  or
IV. the prisoner’s or detained person’s saliva, and the prisoner or detained person knows he or she is infected with HIV, hepatitis B, or hepatitis C;  and

b. the object or substance comes into contact with any portion of the officer’s or health care provider’s face, including the eyes or mouth, or comes into contact with any open wound on the officer’s or health care provider’s body.
3. If an offense committed under this section amounts to an offense subject to a greater penalty under another provision of state law than under this section, this section does not prohibit prosecution and sentencing for the more serious offense.
Degree
Depending on the facts, propelling a substance or object at a correctional or peace officer can be charged as a class A misdemeanor or a 3rd degree felony.

Elements Of The Crime

A defendant commits a class A misdemeanor propelling a substance or object at a correctional or peace officer when they are detained and throw or otherwise propel any substance or object at a peace or correctional officer. A defendant commits a 3rd degree felony propelling a substance or objects at a correctional or peace officer when they are detained and throw or otherwise propel any substance or object at a peace or correctional officer; and the object or substance is:
• blood, urine or fecal material;
• or the prisoner’s or detained person’s saliva, and the prisoner or detained person knows they are infected with HIV, hepatitis B, or hepatitis C;
• and the object or substance comes into contact with any portion of the officer’s face, including the eyes or mouth, or comes into contact with any open wound on the officer’s body.
Fine
• 3rd degree felony: A fine not to exceed $5,000, plus a 90% surcharge.
• Class A misdemeanor: A fine not to exceed $2,500, plus a 90% surcharge.

Restitution

The court may order the accused to pay restitution if convicted of this crime.

DNA Specimen Analysis

A defendant convicted of a class A misdemeanor or 3rd degree felony propelling a substance or object at a correctional or peace officer must provide a DNA specimen.
Imprisonment
• 3rd degree felony: A term of imprisonment not to exceed 5 years.
• Class A misdemeanor: A term in jail not to exceed 1 year.
Firearms
A defendant convicted of a 3 degree felony propelling a substance or object at a correctional or peace officer may not posses, use or have control of a firearm or ammunition for life.

Different Levels Of Assault Charges In Utah

Assault charges range from a Class B misdemeanor to a second-degree felony. Depending on the circumstances of the assault and on its results, a person convicted of assault could spend up to 15 years in prison. Assault is typically considered a Class B misdemeanor, punishable by up to $1,000 in fines and up to 6 months in jail. However, it can be classified as a Class A misdemeanor if the victim is pregnant or if the act causes substantial bodily injury to the victim. A Class A misdemeanor carries up to one year in jail and $2,500 in fines. You can also face multiple counts of assault depending on the situation when you were arrested for the charge. For example, let’s say you got into a bar fight with three different people. You would then face three separate counts of assault. You only got into one fight, but it’s compounded due to the number of people involved. This means you could be facing up to 3 years in prison versus just the original 1 you would have faced with a normal Class A misdemeanor.

Aggravated Assault Charges In Utah

Aggravated assault is any assault that includes the use of a dangerous weapon. According to assault law, a dangerous weapon is any item that can cause death or serious bodily injury. Typically, aggravated assault is a second-degree felony that carries a prison sentence of 1-15 years and up to $10,000 in fines. If you are facing charges of aggravated assault, you could also be facing the additional charge of carrying a dangerous weapon with the intent to cause harm or to display it in a threatening manner. When your charges are compounded, it increases your potential jail time and any additional fines you might have to pay.

Prosecution For Assaulting A Peace Officer

Assault is a criminal offence. Assaulting a peace officer is deemed an ‘aggravated assault’ and is treated more seriously by the courts.
• It is a criminal offence to assault a constable in the execution of his duty, or a person assisting a constable in the course of his duty.
• It is an offence to resist or willfully obstruct a constable in the execution of his duty.
The key element to both offences is whether or not the peace officer was executing his duties at the time of the alleged assault, and therefore acting lawfully at the time the alleged offence occurred. However, it will be important to establish whether or not the individual was acting in self-defense.
Peace officer’s ‘duty’
This is not defined by statute; however, the courts will take into account what was necessary for the police to do to protect life and limb, to keep the peace, to prevent crime and to detect crime.
Willful obstruction
At common law, a peace officer is under a duty to keep the peace and prevent a breach of the peace. Willful obstruction of a peace officer is most likely to occur when the officer is exercising these common law powers. Willful obstruction typically occurs during protests when peace officers are attempting to prevent a breach of the peace, but protesters refuse to stop certain activities and obstruct peace officers performing their duties.
The offence has three elements:
1. Obstruction; for instance, making it more difficult for an officer to carry out his duty, or refusing to cooperate with a police officer’s questioning.
2. The obstruction must be ‘willful’ i.e. deliberate or calculated.
3. The police officer must have been acting in the course of his duty.
Assaulting A Peace Officer
Assaulting a peace officer can happen at any time when a peace officer comes into contact with the public and there is the potential for a peace officer to be assaulted. This can often happen in demonstrations when they turn violent, or can happen when an officer is trying to arrest someone. Where, for example, someone resists arrests and punches the officer, this will be an assault. To prove a charge of assaulting a peace officer, the crown must establish that an assault has taken place. The law states that an assault is committed when a person attacks another person by intentionally or recklessly causing another to apprehend the immediate infliction of unlawful force. Assault may also be a battery (when a person intentionally and recklessly applies unlawful force to another). If a peace officer is assaulted at a time when he was not exercising his lawful duties, the offender may still be charged with common assault which carries a lesser sentence. On conviction of assaulting a peace, the defendant faces a sentence of up to 6 months’ imprisonment and/or a fine of up to £5,000. On conviction of obstructing a peace officer, the offender can be sentenced to up to 1 month in prison and/or a fine of £1000.
How an Attorney Defend an Assault on a Peace Officer Case?
These types of assault charges are serious. There are several strategies a lawyer will use in your defense:
• Were there any violations of your Charter rights before, during or after the arrest?
• Did the peace officer use excessive force?
• Were you given proper access to a lawyer after detention?
• Was the force, in fact, non-consensual?
• Were you aware that you were assaulting a Peace Officer?
Prosecutors must prove beyond a reasonable doubt several elements to have a guilty verdict returned by a jury. First, the prosecution must prove the assault caused bodily injury to another. Proof of injuries varies from case to case. The assault must have been committed against a peace officer who was performing law enforcement responsibilities at the time of the assault. In addition, prosecutors must prove beyond a reasonable doubt that the defendant knew, or had reason to know, the victim was a peace officer.

Prosecutors will seek the stiffest penalty allowed by Utah law when litigating an assault of a peace officer case. A conviction on this charge is a third degree felony conviction. Here is how the statute reads in the Utah Penal Code: “A person the actor knows is a public servant while the public servant is lawfully discharging an official duty, or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant.” A third degree felony may result in a jail sentence of between 2 and 10 years and a fine not to exceed $10,000.

Self-Defense

Self-defense is an effective defense to use in criminal law cases that involve the use of violence. However, a defense lawyer must prove a peace officer attacked his or her client first. Another way to argue self-defense is to assert a client felt threatened by a peace officer. Self-defense works only when the force used to repel an attack by a peace officer is proportionate to the force applied by the peace officer.

Constitutional Violations

Assault against a peace officer will trigger strong emotions from other law enforcement officers at the scene of the alleged crime. In reaction to an alleged assault, one or more peace officers might shirk their duty to uphold the constitution.
Is Assaulting a Peace Officer a Misdemeanor or Felony
It’s important to remember peace officers are honorable people who act with integrity and are serious about their difficult job. The profession is held to a high standard, so assaulting a law enforcement officer will not play over well in court. As mentioned earlier, assaulting a peace officer is classified as fourth-degree assault, which has the potential to be charged as a felony or misdemeanor depending on the facts of your case. According to the Utah law, physically assaulting a police officer without bodily harm is a gross misdemeanor punishable by:
• Up to a year in jail; or
• A fine of up to $3,000; or
• Both incarceration and a fine
Assaulting a peace officer is a felony in the following situations:
• Physically assaulting an officer and causing bodily harm; or
• Intentionally throwing or transferring bodily fluids or feces at or onto an officer.
Felony fourth-degree assault is punishable by up to three years in prison, a fine of up to $6,000 or both a fine and incarceration. Defending charges for assault against a peace officer is not easy, especially since the offense commonly stems from situations of miscommunication. Defending the crime may come with its challenges, but not all hope is lost. The statute requires that you knew or had reason to believe the alleged victim was a peace officer acting within their line of duty. It may be beneficial to try and prove you did not know the alleged victim was, in fact, a peace officer. For example, the peace officer may have been dressed in plain clothes or was a non-identified school official. Another common defense against charges for fourth-degree assault is self-defense. But keep in mind; Utah states that the type and level of self-defense must be reasonable. You will have to prove you had reason to believe you were in danger and that your response was reasonable for the situation. Additional defenses could include you were defending other people, property or you were misidentified as the assailant. No two cases are alike, and there is no one defense strategy suitable for every case. The best defense you can take is contacting a criminal defense lawyer. They can evaluate the facts of your case and formulate a defense plan in your best interest.

Free Initial Consultation with Lawyer

It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!

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

Ascent Law LLC

4.9 stars – based on 67 reviews

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What Are Short Sales In Real Estate?

A short sale occurs when a home is sold but the amount of the sale is not enough to cover what is owed on the seller’s mortgage loan, as well as closing costs, taxes and the commission owed to the real estate agent. In a short sale, the seller is not willing to make up the difference. Oftentimes, a short sale is happening because the owners are behind on their mortgage payments and are heading down the trail to foreclosure. Other reasons for a short sale could be because the home was bought at the peak of the market and has decreased in value, the homeowners used a large amount of their home equity toward a refinance, the owners are being relocated or they are getting a divorce.

If you are interested in purchasing a short sale, you will need to ask the seller how much is still owed on their debt. Then you can figure out the additional costs associated with the short sale. Many lenders will have their own forms to help calculate these costs. The lender and the title company will have exact figures that will be due at closing. You will also be able to find out if there are any other inspections that should be completed. When a seller decides that a short sale might be the best option, he or she will need to get the lender’s approval. Included in the approval request submission is the borrower’s W-2 forms from any employers, or if he or she is unemployed, a letter outlining the unemployment. It will also include bank statements, two years of tax returns and any other financial documents that show the amount of income and debt obligations. It is also a good idea to include a “hardship letter,” which explains the reasons why you are not able to pay the full amount of the loan. What kind of impact does a short sale have on credit reports? It is not unheard of for the lender to ask the seller to sign a promissory note. It can be for all or part of the difference between the short sale amount and the amount still owed on the debt. Overall, short sales show as negative activity on credit reports and can therefore lower credit scores tremendously. When looking to purchase a short sale property, it is important that you understand exactly what you are getting into and know that the process is a long one. Have your real estate agent walk you through each step of the short sale process.

How a Short Sale Works

In a real world, short-sale scenario, a home seller puts his or her property on the market, while formally designating the home for-sale as a potential “short sale/subject lender” deal to any potential buyers. Once a buyer agrees to make a short sale offer, the homeowner contacts his or her bank, and completes an application asking for short sale status on the home. There is no guarantee the bank will green light the application, but a short sale does eliminate many hassles associated with the mortgage loan, such as closing the books on the homeowner loan, and the bank or lender gets a portion of their loan repaid. Home sellers involved in short sales can expect to file several firms and documents to their mortgage lender. Those include a hardship letter stating why you can’t fully repay your mortgage loan, along with the filing of records like pay stubs and tax returns that back your case as being unable to repay the home loan. The bank will then review your application, send out an appraiser to estimate the full value of the property against the short sale offer, and then either approve or reject the short sale request.

Benefits of a Short Sale to a Home Seller

If the property seller is presented with a short sale opportunity, it’s a good idea to thoroughly vet all the options on the table, and calculate the risks and opportunities and look at other relative personal financial options, before making a decision. Nobody is saying a short sale is a perfect solution to a home seller who has suffered a financial setback and owns a home with where the mortgage exceeds the property’s value – but it might be the best option.

Benefits of a short sale

Credit score advantages
A short sale is highly preferable from a personal credit score point of view, especially when weighed against any potential home foreclosure. Credit scoring firms take a dim view of a foreclosure, and will issue a credit score much lower than when a home seller turns to a short sale instead. That not only protects the seller’s score, it keeps them “in the game” and better able to buy another home down the road, without the burden of a significant foreclosure-induced credit score decline.

Emotional advantages

In many instances, a home mortgage is the biggest financial event of a person’s life at least before retirement. The seller avoids a “worst case scenario” of foreclosure and can honestly say they sold their home and moved on with their life.
Saving on home sale fees
With a traditional home sale, the seller bears the burden of fees and charges, including real estate agent commissions, which can be 3%-to-6% of the total home sale. In a short sale, those fees and commission are paid by the bank.
Negatives of Short Sales to a Home Seller
Short sales can create issues for sellers such as:
• No cash-out: A short sale means they won’t earn any profit from the sale of the house the bank or mortgage lender gets all the sales proceeds.
• Dependence on the lender: Home sellers also need a green light from their lender on a short sale they can’t make that decision on their own.
• Less cash for a future home purchase: Since the seller earns no profit on a home short sale, they won’t be able to steer home sale assets toward the purchase of a new home. Instead, they’ll be starting from scratch.
Benefits of a Short Sale to a Home Buyer
Home buyers can take good advantage of a short sale, as well, with several advantages:
• Reduced price: Primarily, the big benefit is the increased odds of getting the home for a reduced price, knowing that the house is in short sale mode, and that the owners, and likely even the bank or lender in many cases, will want to sell the home and get out from under the home loan. As any real estate agent will say, a motivated seller is a seller who wants to cut a deal, so a low-ball offer has a better chance of being accepted in a short sale than in a traditional home sale negotiation.
• Less competition: Many home buyers, especially first-time buyers not used to the complexities of the process, may not want to get involved with a short sale. That opens up the field for home buyers with more patience for a short sale, and who’ll face less competition for the home.
Negatives of Short Sales to a Home Buyer
Short sales can have negative repercussions for buyers such as:
• A longer home-purchase timetable: For buyers, the paperwork process is significantly longer in a short sale (usually up to 120 days) than in a traditional home sale (usually up to 45 days) and that may be a deal-breaker for home buyers.

• Lender interference: Lenders may also get directly involved in the home price negotiations, often asking for a higher sales price than the home seller (including the insistence that the buyer make all or most of the closing fees), in order to recoup more money on the home loan.
• The property may be in disrepair: It’s also highly advisable for a short sale buyer to work with a real estate agent well-experienced in the short sale process. It’s also strongly advised that a short sale buyer hire a home inspection professional to thoroughly examine the property, as short sellers may not have the financial resources to keep up with home maintenance and repairs.
Disadvantages of Buying a Short Sale
Buying a short sale can be a great opportunity to get a property at a reduced price, but it can also have its disadvantages. Purchasing a short sale is a more complicated process than a typical home sale, so there are some unique risks involved when investing in this type of investment property.
Long Process
Short sales may not be the best choice for those wanting or needing to purchase a property quickly. Getting a short sale approved can be a long process. They can be completed in as little as a month or could take up to a year to be finalized. Many factors can influence this time table including a lender’s experience dealing with short sales, whether the seller has already been approved for a short sale and the number of lenders involved.

Subject to the Mortgage Lender’s Approval

In a typical property sale, the only one who has to approve the sale is the person who owns the property. In a short sale, this is not the case. The current owner is not the only one who must accept the offer. Since the owner is trying to get their mortgage lender to accept less than they are owed for the property, the lender must approve the sale. Lenders are not necessarily too eager to take a loss on their loan. This process is further complicated if there are multiple liens on the property, meaning you would have to get multiple lenders to agree to the short sale.
Lender Could Counter, Reject or Not Respond
Even if a seller has already been approved by their lender for a short sale, there is no guarantee that the lender will accept your offer. They may believe your offer is too low. If this is the case, the lender may counter your offer, flat out reject your offer or they may not even respond to it. This is a significant and real risk considering you could have already been waiting months to even get to this point. Even if the lender does counter, there is no guarantee that the price is a price you would be willing to pay based on your perceived value of the property. In addition, if there are multiple liens on the property, you will have to get the acceptance of all the lien holders. The first lien holder may accept the offer, but the second or third lien holder may reject it, so there will be more hurdles to getting the short sale approved.
Opportunity Cost
Short sales present another risk because the lengthy short sale process could cause you to miss out on other potential purchases. With all your time and resources tied up in short sale negotiations for months, you could miss out on an even better investment opportunity.

Property ‘As Is’

Sellers attempting to negotiate a short sale are usually experiencing some sort of financial hardship. Therefore, they may not have the money to do upkeep on their property. This inability to keep up with maintenance may be obvious, or it may lie deeper in structural, electrical or plumbing issues. When you buy a short sale, you are usually buying the property ‘as is.’ The bank is already losing money on the property, so they will not usually make concessions for these maintenance issues. It is therefore extremely important to get a home inspection so you can uncover any major issues the property may have.

Is the Seller Approved?

Just because someone advertises a property as a short sale does not mean they have been approved for one. They may think they qualify for a short sale, but unless they are actually approved by the bank or mortgage lender, this classification means nothing. Before getting involved in a short sale, you should always verify that the seller has been approved by their lender for one. If they have not, you could be wasting your time or could become involved in a process that will draw on for months or even a year.
Lenders Prefer All Cash or Large Down Payments
Another risk of a short sale is losing out on the property to an all-cash buyer or a buyer who is able to put down a large down payment. When agreeing to a short sale, banks and other lenders prefer to deal with these types of buyers. They see them as less risky than a buyer who needs to get a large mortgage in order to purchase the property.

Pros and Cons of Buying a Short Sale

Any buyer considering participating in a short sale should be aware of these issues:
 Short sales can take a long time.: The term “short sale” is a bit misleading. The bank or lender holding the mortgage must approve the offer, instead of just the seller. The property can end up in escrow for months and months. In the meantime, a better property could come on the market and the hopeful buyer is tied up in red tape on the short sale. For that reason, it pays to have an experienced real estate agent on board.
 They are sold as-is.: Unlike a traditional home purchase, the buyer of a short sale is unable to negotiate on price in exchange for needed improvements, repairs, or updates.
 Make sure the lower price is really worth it: Many buyers are willing to ignore these points because they feel getting a home for a much lower price makes it worth it. However, they will need to factor in the local market conditions, such as inventory, home prices, appreciation rates and how fast homes are selling, aka “DOM” or days on market.
 The good deal factor can be influenced by the market conditions: When properties are being sold well above the list prices and market value, those looking for short sale opportunities could end up on top. If short sale homes can only be purchased for prices in line with the current market value, then it may be better to focus on traditional listings.
 Less competition: A definite plus with short sale listings is that there is not nearly as much competition. Because so many prospective buyers are also first timers, they tend to shy away from anything that’s not a standard transaction.
 Don’t overlook needed repairs: Anyone thinking about a short sale should be aware that all too often; the disgruntled former homeowners have taken their frustrations out on the home. There have been numerous horror stories about sabotaged appliances and hidden damages left by angry parties. Another concern is that because of the owner’s financial problems, these types of homes are often in sad states of disrepair. Are you handy or have the extra funds to make things right?
 Home inspections are a must: Banks are not required to reveal disclosure information like a seller in a traditional property sale would have to do. This includes legal and insurance information. Even though short sellers must complete a disclosure form, as already mentioned, they may not be up to speed on routine maintenance. It may not always be obvious that something costly to replace, such as a roof or furnace, is on its last legs. That’s why in a short sale, a home inspection should always be done. Anxious buyers should never skip this step even if they are experienced with the ins and outs of home ownership. A home inspection can reveal a lot of hidden problems such as, mold, mildew, termites, or electrical issues.
 Research the community, get neighbors’ opinions if possible: It might be a good idea to chat with a few of the neighbors in order to cover all the bases towards finding out what type of situation you are getting into. They may have some extra insight or knowledge of the home’s condition, the neighborhood’s best/worst features, and so on.

Free Initial Consultation with Lawyer

It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!

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

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Utah Code 57-1-1

Utah Code 57-1-1: Definitions
As used in this title:
“(1) Certified copy” means a copy of a document certified by its custodian to be a true and correct copy of the document or the copy of the document maintained by the custodian, where the document or copy is maintained under the authority of the United States, the state of Utah or any of its political subdivisions, another state, a court of record, a foreign government, or an Indian tribe.
“(2)Document” means every instrument in writing, including every conveyance, affecting, purporting to affect, describing, or otherwise concerning any right, title, or interest in real property, except wills and leases for a term not exceeding one year.
“(3)Real property” or “real estate” means any right, title, estate, or interest in land, including all non-extracted minerals located in, on, or under the land, all buildings, fixtures and improvements on the land, and all water rights, rights-of-way, easements, rents, issues, profits, income, tenements, hereditaments, possessory rights, claims, including mining claims, privileges, and appurtenances belonging to, used, or enjoyed with the land or any part of the land.

“(4) Stigmatized” means: The site or suspected site of a homicide, other felony, or suicide;
(a)the dwelling place of a person infected, or suspected of being infected, with the Human Immunodeficiency Virus, or any other infectious disease that the Utah Department of Health determines cannot be transferred by occupancy of a dwelling place;  or
(b) property that has been found to be contaminated, and that the local health department has subsequently found to have been decontaminated in accordance with Title 19, Chapter 6, Part 9, Illegal Drug Operations Site Reporting and Decontamination Act.

How Do I Get a Copy of My Divorce Decree

If you’ve ever been married before and seek a green card based on your current marriage, you’ll need to provide to the U.S. government a divorce decree (also known as a “divorce certificate“), a certificate of annulment, or a death certificate for each prior marriage. If you already have these documents, you can move on to the next step of the marriage green card process.

Who must submit their divorce papers?

For each prior marriage, both the sponsoring spouse (the U.S. citizen or current green card holder) and the spouse seeking a green card must provide a photocopy or certified copy (with the issuing office’s seal or stamp) of their final divorce decree. You must also bring the original document or certified copy to your green card interview.
What if I was previously married but wasn’t divorced from that spouse?
If a previous marriage ended by your spouse’s death or by annulment, you must submit a photocopy of your spouse’s death certificate or your certificate of annulment. You must also bring the original or certified copy of these documents, whichever is applicable, to your green card interview.

Where to Get a Divorce Decree

If you filed for divorce in the United States, you generally can obtain a divorce decree from the court that issued the document. Alternatively, you can request an official copy from the office of vital records in the state where your divorce was finalized. The Centers for Disease Control and Prevention (CDC) website specifies the name and address of each vital records office, as well as the current fee for requesting the paperwork. If you filed for divorce abroad, you may find information about the issuing authority in your home country — including its name, the current fee, and procedures for obtaining an official copy — on the U.S. Department of State’s website.

If you can’t find your marriage certificate or get an official copy, you must submit both of the following documents instead:
• A notarized personal affidavit (written explanation) in which you describe the facts of your marriage and the reason you’re unable to obtain an official copy of your marriage certificate
• A certified statement from the appropriate government agency explaining why your marriage certificate is not available
If you cannot obtain a certified statement from a government agency, you must instead provide an additional notarized personal affidavit (written statement) from one of your parents who is living or a close relative who is older than you. In the affidavit, they must attest to having personal knowledge of your marriage and describe the following:
• Their relationship to you
• How well they know you
• How they know about the information they are swearing to

Financial Documents

It will be more difficult for a CDFA to get an accurate idea of your marital finances if he or she does not have the pertinent information. Keep in mind that these professionals are specifically trained to help you navigate a successful settlement and secure a stable financial future. Without all of the relevant data to review, you could miss out on your share of significant assets, investments, or accounts. You will need to keep in mind that documents should cover your long-term history, not just the most recent transactions. The gold standard is that your documentation should cover five years’ worth of data. Either way, three years’ worth of data should be sufficient to help your team assemble a settlement that you will be satisfied with.

The divorce financial checklist will give you the most thorough rundown of the most commonly requested items:
• Income Tax Returns
• Employment Records
• Financial Records (such as bank statements and loan information)
• Investment Account Statements
• Pension Plan Information
• Retirement Savings Accounts
• Children’s Bank Accounts
• Debt Records
• Wills and Trust Agreements
• Social Security Statements
Some spouses might be extremely secretive about their marital finances, and hide bank information and income statements. Their insistence on keeping you in the dark is bound to make it challenging for you to find copies of your income taxes, pay stubs, and other key information, which will be pertinent during your divorce. In these circumstances, the best thing you can do is create a ruse to pump your spouse for information. If your spouse does not know that a divorce is imminent, you might consider telling him or her that you want to plan for a health emergency. Sit down together, and go over all of your insurance information and finances to make a “plan” for handling the crisis. While this tactic might not give you copies of all the information, you can at least see where your marital finances stand. Alternatively, you can take a much sneakier route for accessing the information you need. Be certain to keep an eye on your mailbox, so you can get the mail first every time. If your name is on a joint checking account, you can even head to the bank to receive copies of your bank statement. Last but not least, pull your credit report and make sure you know about all of the debt that is registered in your name. This tactic will protect you from nasty surprises after the divorce is over, such as receiving bills for credit cards and loans that you were not aware of. This financial information is crucial to helping your CDFA and your divorce attorney, but it also comes in handy when you are creating a new budget. Then you can gain a clearer picture of what it costs to maintain your current lifestyle each month. This baseline can help you adequately prepare to move out and start downs your own path toward a single income.

One of the most important steps to take before getting a divorce is understanding what each person in the marriage brought to the union. To get an idea of the important documents you need to round up for your divorce attorney or CDFA, take a look at the checklist below:
• Marital Home Information
• Information about Other Real Estate
• Vehicle Information
• Personal Property (including jewelry, artwork, collections, and antiques)

Be sure to specify which assets you personally brought into the marriage as individual property. You should be clearly identified on your list of assets, so that everyone will be clear about who should belong in the settlement.

Childcare Documents

For many couples, preparing a childcare plan is one of the most challenging aspects of a divorce. However, since caring for the children together requires financial cooperation, it is essential that you draft a potential plan at this stage. You should start by creating a list of the parenting items that are most important to you. The two of you will need to make decisions about visitation, custody, and insurance expenses. You will even need to decide which one of you will claim them as dependents on your taxes. Consider your priorities for their futures, especially their college expenses. Will you both contribute to a savings account, or will the children pay for their own tuition costs? There is no right or wrong way to handle some of these issues, so you need time to think about what will work best for your family. These ideas are meant to be the catalysts for you and your spouse to start planning how you are going to handle everything after you split into two households. By taking a draft of this information to your divorce attorney now, you are giving him or her an opportunity to see if there is anything you left off that might still need to be considered. Therefore, you will have a bit more breathing room. That way, you can reflect on what will be best for the children, instead of selecting the easiest route in the heat of the moment.

Personal Documents

Remember, your financial information is not the only consideration that a financial planner will need to take into account.
You will also need pertinent information about the children, such as their:
• Birthdates
• Social Security numbers
• Bank Accounts
Personal data about you and your spouse can also help the planner draft an appropriate settlement that all parties will be satisfied with.
This data can include:
• The date of marriage
• Birthdates for you and your spouse
• Social security numbers for you and your spouse
• Information about previous marriages, including divorce decrees
• Prenuptial or postnuptial agreements
• Judgments and pleadings that involved either spouse
• Insurance policies

Other Pertinent Issues

If there are any extenuating circumstances that led up to your divorce, you will need to find documentation and proof. This documentation could factor into the final amounts of spousal support payments, and it could help make decisions about the custody of any children involved in the split.
Here are a few examples of situations when you might want to seek out proof that your spouse was involved in something illicit:
• Abuse
• Adultery
• Kidnapping
• Bullying
• Substance abuse
• Mental illness or instability
In addition, there might be other circumstances that can influence your divorce. Therefore, be sure to acquire any documentation you think might be pertinent to your case, so that the divorce attorney can review it.

Information that needs To be Changed

While you will not have to take this information to your divorce attorney, it is always a good idea to start planning ahead for things that need to be altered. You will not want your spouse’s name on documents that relate to your personal well-being, future finances, or healthcare directives.
You might be able to start changing some of the information on these items, even before you file for divorce:
• Life Insurance Policies
• Wills
• Powers of Attorney
• Advance Healthcare Directives
• Bank Accounts
• Credit Card Accounts
Before you consider heading to your divorce attorney to initiate the end of your marriage, it is critical to be prepared for what happens afterward. By following these steps before filing for divorce, you will gain some sense of control over an otherwise emotionally charged and draining situation. This divorce checklist will help you assemble documentation at your own pace. Then you will be ready for anything that your financial planner may need. In addition, gathering documents to prove and support the current financial situation in your marriage allows you to more adequately prepare for your future. It also gives you some space to reflect facts you consider some of the long-term issues that are bound to arise during a divorce settlement. By completing an accurate assessment of your lifestyle, income, and expenditures, a financial planner can help you prepare for your future as a newly single individual. Preparing a budget and evaluating your lifestyle is an essential part of establishing a firm financial future for yourself. If you utilize this financial checklist, you will be able to more clearly and accurately see what you could be entitled to during your divorce.

Lawyer For Real Estate In Utah

When you need a real estate lawyer, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC
8833 S. Redwood Road, Suite C
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What Does The Woman Get In Divorce?

Yes, it’s true, we have been asked this question. The short answer is a woman and a man should be treated equally in a divorce and each should received 50% of the marital estate.

Divorce, also known as dissolution of marriage, is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country or state. Divorce laws vary considerably around the world, but in most countries, divorce requires the sanction of a court or other authority in a legal process, which may involve issues of distribution of property, child custody, alimony (spousal support), child visitation/access, parenting time, child support, and division of debt. In most countries, monogamy is required by law, so divorce allows each former partner to marry another person. When those that is in a common-law relationship break up, it is referred to as separation, instead of a divorce. Divorce is different from annulment, which declares the marriage null and void, with legal separation or de jure separation (a legal process by which a married couple may formalize a de facto separation while remaining legally married) or with de facto separation (a process where the spouses informally stop cohabiting). Reasons for divorce vary, from sexual incompatibility or lack of independence for one or both spouses to a personality clash.

What Are A Woman’s Property Rights In Divorce

Much here will depend on how the property is owned and whether it is in joint names. It can also be affected by any prenuptial or co-habiting agreement drawn up when you first acquired the property. Basically, if you are married you have a right of occupation. Whether or not your name is on the deeds, you have the right to live there and not to be excluded, for instance by the other party changing the locks. If you are married and have children living with you, you may be able to secure the right to live in the property until the children have left school. In any situation, if your partner is trying to force you out of the house you should take legal advice straight away.

Financial Settlements

There are no hard and fast rules regarding your financial rights in the breakdown of a relationship or how a divorce settlement will be calculated. If you are better equipped to “re-generate” your finances than the other party, you may well receive less than they do. It can appear that you are losing out because you have worked hard, but this is the way a court is likely to deal with things. There will often be a range of possible solutions to dividing the assets, and it is important that you explain fully to your lawyer your own preferences within that range. It may be that you can come to an amicable agreement with your partner. If you can’t agree however you have the right to invite the court to decide on a division of the assets with your partner. Your lawyer will guide you through the factors that the court may take into account, such as the age of the parties, the length of the relationship, jointly and individually held assets (including property), your income and pension provisions. Sorting out these arrangements with your former partner outside the bounds of the court will save time, money and additional heartache. If there are children from the relationship, generally speaking, the court will give priority to whoever is caring for them, and will try to address the reasonable needs of the parties for things like housing. It can sometimes seem as though men have fewer rights than women. This will often be a result of any children living with their mother, who earns less, has a lower mortgage capacity and less pension provision than the other partner.

The Wife’s Grounds for Divorce

The right of the wife to demand a divorce is as legally entrenched as is the right of the husband to demand a divorce. This legal entrenchment goes all the way back to biblical times, and is not merely an adjustment to more modern contingencies. It would be a basic inequity in the relationship if the husband would be allowed to sue for divorce for whatever precipitating factor, whilst the wife would not be allowed to demand exit from the marriage no matter what happened. No one can deny that there are inequities in the system, but these inequities emanate more from abuse of the system rather than from its basic weaknesses.

What About Equity in the Law?

It is therefore not surprising and quite natural that the woman has access to exit from the marriage not only in cases of mutual desire, but also in situations when she is obviously disadvantaged by a callous and insensitive husband. To force a woman to endure the agony of a cruel husband who abuses her is unfathomable.

Irresponsibility

The primary right of a woman to demand a divorce is linked to situations when basic marital needs have been neglected, or abused by the husband. The husband is then “convinced” by the court to both grants the get to his wife, and to give her the marital contract settlement. The husband who has been derelict with regard to the sustenance that he is obliged to give to his wife, or the conjugal visitation that he must share with his wife, has thereby violated a primary responsibility of the marital covenant, and the wife has the right to a divorce in these situations. These elements of the marriage are so crucial, that their being used by the husband as a weapon with which to deprive the wife, either emotionally or physically, is considered a breach of the sacred marital trust. A woman may demand a divorce from her husband, if he has been found to be philandering with other women. There need not be proof of his having committed adultery, just of his having cavorted with other women. Even his causing her a bad name through his lecherous actions is likewise considered legitimate justification for the wife launching a divorce action. If the wife feels repulsed by her husband, it is wrong to force her to remain in the union. If the wife should make a vow that affects the marital union, such as a vow related to abstaining from conjugal union or some other impediment to marital viability, and the husband purposely fails to annul that vow, this is interpreted as a desire on his part to sever the relationship. The wife may then demand a divorce.

Marital Abuse

The husband who hits his wife, curses her, ridicules her, insults her, or insults his wife’s parents in the presence of his wife, or forbids his wife from visiting her parents or family, or whose general mode of communication with his wife is through temperamental outbursts and disrespectful language, creates a situation which is untenable. The wife cannot be expected to live in such an environment, and she is well within her rights to demand a divorce. In this situation, the wife must be able to show that this is not a rare occurrence, or an isolated outburst, but that it is reflective of the husband’s usual demeanor. Should a husband counterclaim with the charge that his behavior is instigated by her; the burden of proof is upon him. We assume the correctness of the wife’s position unless and until the husband can prove otherwise.

Unbearable Conditions

The woman whose husband insists that his mother (that is, the wife’s mother-in-law) move into the house and this thereby restricts the wife’s freedom may demand a divorce if this is an unbearable situation for her. The wife whose husband forces her into conjugal relations during her menstrual period may also demand a divorce. This is the case even if she may not be scrupulous with regard to observing the laws of menstruation, which forbid conjugal union during that period and seven days beyond. The underlying common denominator in the mother-in-law and menstrual situations is that the husband fails, or refuses, to accord to the wife the freedom, dignity and respect to which she is entitled beyond any question. The wife has the right to demand a divorce if the husband, for whatever reason, makes life unbearable for her. Aside from some of the reasons heretofore cited, this untenable situation may come as a result of the husband having developed a repulsive blemish, or having adopted a noxious habit, such as cigarette smoking. It may ensue from his having taken on a malodorous, offensive trade, from which he comes home with an intolerable stench.

Alimony

Alimony payments also known in some states as “spousal support” or “maintenance”—are alive and well in Utah divorce system. And if you earn substantially more money than a spouse to whom you have been married for several years, there is a good chance you will be ordered to pay some alimony. On the other hand, alimony generally isn’t awarded for short marriages or where you and your spouse earn close to the same amount.
If alimony is ordered, you will generally have to pay a specified amount each month until:
• a date set by a judge several years in the future
• your former spouse remarries
• your children no longer need a full-time parent at home
• a judge determines that after a reasonable period of time, your spouse has not made a sufficient effort to become at least partially self-supporting
• some other significant event such as retirement occurs, convincing a judge to modify the amount paid, or
• one of you dies.
As with most issues in your divorce, you and your spouse can agree to the amount and length of time alimony will be paid. But if you can’t agree, a court will set the terms for you. Unfortunately, having a court make the decision means there will be a trial, and that can cost you a lot of time and money.

If you expect to pay alimony

The fact you have to pay alimony to your ex-spouse doesn’t amount to a finding that you are a bad person. Consider it part of the cost of entering a marriage that you probably thought would last until death parted you, but for reasons you didn’t anticipate didn’t. Alimony has been the law for more than 100 years, and while it is ordered somewhat less frequently these days, there is no sign that courts are going to stop making alimony orders for good.

If you expect to receive alimony

The question of whether you qualify for alimony is usually resolved by looking at your capacity to earn which is not necessarily what you are earning at the time you go to court how much your spouse earns and your standard of living during the marriage. You might also be required to make some changes in your life and work. For example, if you have a part-time job that doesn’t pay well, you may be required to attempt to find full-time employment in a better-paid field. Experts called “vocational evaluators” are sometimes hired to report to the court on the job prospects for a spouse who hasn’t been fully employed for a while. The evaluator will administer vocational tests and then shop your credentials with potential employers in order to estimate how much income you could earn.

Alimony Payer

The person paying alimony should keep:
• a list showing each payment (date, check number, and address to which the check was sent)
• the originals of checks used for payments (keep in a safe place, such as a safe deposit box) — be sure to note on each check the month for which the support is being paid, and
• if you pay in cash, receipts for each payment, signed by the recipient.
Be sure to keep these records for at least three years from the date you file the tax return deducting the payments. Some lawyers and tax advisers say you should never throw away these types of records.

Alimony Receiver

The spouse receiving support should make a list that shows each payment received. Include the following information:
• date payment was received
• amount received
• check number or other identifying information (for example, the number of the money order)
• account number on which any check is written
• name of bank on which check is drawn or money order issued
• a photocopy of the check or money order, and
• a copy of any signed receipt you give for cash payments.
How are Property and Debts Divided in a Divorce?
The court will generally divide the marital property in half, and each spouse will get one half of the total property. This doesn’t mean each item will be split in half; one spouse might get the car and the other spouse might get the furniture. The court can give one spouse more property than the other spouse if the court has a good reason to do so.

Division Of Marital Property In Divorce

In general, all property owned by either spouse is marital property. It can be property one of you got before or after you were married. It includes all kinds of property: personal property, homes and land, bank accounts, retirement accounts, etc. After the divorce is filed, things you or your spouse buy are not considered marital property. The court can consider many factors when making this decision, including:
• The contribution of each spouse to the property.
• Whether one spouse got the property before the marriage or by inheritance or gift.
• The economic circumstances of each spouse at the time of the divorce.
• Whether the spouse who is getting custody of the children should stay in the marital home.
• The conduct of the parties related to the property (for example, has one spouse destroyed or wasted property).
• The earnings or earnings ability of each of the parties.
Equitable Distribution Mean
Equitable distribution means fairly divided. When marital property is distributed equitably, it is divided between the two spouses as fairly as the court thinks is possible. Although this does not guarantee that the court will decide the property should be divided equally (50-50), this is usually what happens.

Separate Property

Separate property is property that one of the spouses owned before the marriage. For example, a bicycle that the wife had owned since before her marriage would be considered separate property. Any inheritance one spouse gets, even during marriage, is separate property. So are personal gifts (unless they came from the other spouse) and payments for personal injuries.

Woman Divorce Lawyer

When you need a Woman Divorce Lawyer, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

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

Ascent Law LLC

4.9 stars – based on 67 reviews

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Utah Criminal Code 76-5-102

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

What Is An Assault?

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

What Are The Elements Of Assault?

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

What Is An Aggravated Assault?

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

What Is The Punishment For Assault?

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

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

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

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

What Are The Types of Assault?

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

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

Do I Need an Attorney for Assault Charges?

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

Free Initial Consultation with Lawyer

It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!

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

Ascent Law LLC

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American Sign Language Attorney

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

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

Why Study American Sign Language (ASL)?

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

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

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

When Is Sign Language Interpreting Required By Law?

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

Sign Language Interpreting & Discrimination Law

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

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

Where Sign Language Interpreting Is Required

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

Penalties for Non-Compliance

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

How to Find a Sign Language Lawyer

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

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

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

Here Are Some Tips for Working with Your Lawyer

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

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

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

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

Interpreter To A Client Or Potential Client Who Is Deaf?

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

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

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

A Qualified Sign Language Interpreter

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

ASL Attorney

When you need legal help from an ASL Lawyer, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

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

Ascent Law LLC

4.9 stars – based on 67 reviews

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

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Lawful And Unlawful Use Of Force

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

Utah Misdemeanor and Felony Assault Laws

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

What are the Different Levels of Assault Charges in Utah?

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

What are the Factors That Would Enhance Assault Charges?

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

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

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

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

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

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

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

Assaults Against Protected Victims

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

Hate Crimes

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

Different Levels of Assault

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

Possible Penalties for an Assault Conviction

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

“But What If It Was Self Defense?”

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

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

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

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It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!

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West Jordan, Utah
84088 United States
Telephone: (801) 676-5506

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