The idea of talking to a personal injury lawyer may be intimidating to some individuals. Once you’ve been hurt and you know someone else is at fault, but maybe you think addressing the issue on your own is easier. Your thought may be to submit an insurance claim and wait for the payment to be made. However, there are many ways a personal injury lawyer can significantly enhance your chance of getting paid for your medical bills and other damages incurred. Sometimes personal injury claims can be very complicated, most especially if multiple parties are involved in the collision. It can also be complicated to make claims if your injuries are severe and will require treatment for a long duration, or lead to some degree of disability. A personal injury lawyer can help to ensure that you get a fair settlement for your claim. If you handle it all alone, there is high tendency of getting less than your claim is actually worth. Once you hire a personal injury attorney, your attorney can take care of the case and also deal with the necessary details while you concentrate on recovering from the injuries you sustain and also take care of your family. There are some steps along the process after your accident where an experienced South Jordan personal injury lawyer can be valuable. InvestigationThere is need for you to gather evidence to support your allegations that the other person caused your accident, and that you have sustained injuries that can be compensated financially whenever you have an accident and want to make a claim for your injuries. A personal injury lawyer will know the kind of evidence you need, how to source for such evidence, and how to prove with the evidence that the other person’s recklessness, negligence, or intentional actions caused your injuries. Your lawyer should also have a set of experienced people who can assist with the various aspect of the investigation. Such individuals may include a physician who can perform an assessment on your injuries, an accident reconstruction expert, or an appraisal that can assist to determine the value of the damaged property. NegotiationAfter gathering all the evidence, your lawyer will put it into writing as a demand letter to the insurance company of the individual that caused your injuries. The demand letter will state clearly what happened to you, how you are affected, and also make a demand for the compensation owed to you based on such facts and evidence. The demand letter is the first step to take in the process of negotiation. A good personal injury attorney brings to the negotiations knowledge of Utah law, insurance policies, and the claims processes, as well as an understanding of the approach most insurance companies use to try to minimize the amount they pay out. Your lawyer can negotiate on your behalf based on his or her knowledge so as to get a reasonable settlement for you. LitigationA lawsuit may become necessary if the insurance company refuse to pay you. A good personal injury lawyer brings your case to the state and federal court where your case will be heard, including working with judges, clerks, and the lawyer who may be representing the other side. Your lawyer will also be with you through every step of the litigation process, from writing and filing the complaint to trying the case in the court. Your claim may end up hinging some part of Utah or federal law, in which case you would want an attorney who understands the law in details and can make the best possible arguments on your behalf. It is important to know how an insurance company would value your claim. This is to give you an insight to how much in claims your injury worth. The first thing an insurance carrier will consider is the type and amounts of damage incurred and then, the percentage of the fault. An insurance company will pay for the following types of damages • Loss of Consortium: Loss of Consortium is a loss incurred by a spouse when his or her partner is injured. It also covers loss of sexual relation, companionship, aid and comfort and partners. In this case, we need to consider some factors before the partner who sues for this kind of benefit will be considered. The factors include: Basics Of Personal Injury LawA personal injury law firm performs many important duties. These common functions include: • Represents in court: Most personal injury cases do not result in a trial; the vast majority is settled even before a lawsuit is filed. However, if the insurance company denies the claim, it’s possible that the only way for the victim to recover is by going through a full civil trial. Litigation is complex and requires close adherence to proper procedures and rules of evidence. This is not a task best handled by a novice. Personal Injury Is Tort LawPersonal injury attorneys specialize in an area known as tort law. This covers private or civil wrongs or injuries, including defamation and actions for bad faith breach of contract. The main goal of tort law is to make the injured party whole again and to discourage others from committing the same offense. Personal injury lawyers help plaintiffs receive compensation for their losses, including loss of earning capacity due to an inability to work, pain and suffering, reasonable medical expenses, both present and expected, emotional distress, loss of consortium or companionship, and legal costs and attorney fees. They also work to safeguard clients from being victimized by insurance companies and the legal system. A tort occurs when one person acts wrongfully and, in doing so, causes injury to another person. The injury can occur because of a fall, a car accident, a malfunctioning product, a botched medical procedure, false accusations, poisoning by toxic chemicals, police misconduct, unlawful serving of alcohol to a minor, criminal activity, etc. The list of potential causes of torts is as broad as the activities that occur in society. However, the defining aspect of a tort is the injury without injury or harm, there is no tort, even if someone acted wrongfully. People injured by the wrongful conduct of others can recover monetary damages by suing in a civil court. The time for filing a claim to recover damages for a personal injury can be extremely limited. Regardless of your situation or your age, an experienced personal injury lawyer can help you investigate the basis of your claim and ensure that your claim is filed in a timely manner, enabling you to eventually recover any and all damages that you have suffered as a result of the wrongful acts of another. Credentials Of A Personal Injury LawyerTo successfully practice personal injury law, passing a written bar exam is mandatory in addition to a written ethics exam. These examinations vary from state to state. The majority of states require applicants to have a college degree and a law degree from an institution that is accredited. Non-accredited law schools have minimum set requirements before they are permitted to offer these courses. As a prerequisite, most states require a Multistate Bar Examination (MBE), a Multistate Essay Examination, a Multistate Expert Responsibility Exam and a set state bar exam as a prerequisite. Other states incorporate a Multistate Performance Test as well. Once qualified and admitted to the bar, they are required to keep abreast with the current development in their fields by continually taking legal education courses. These courses are designed to ensure that personal injury lawyers remain updated in law-related developments, with the number of required hours varying from state to state. Personal injury lawyers tend to concentrate on specific areas of law. By specializing, they are able to amass the required knowledge and experience to take them to the top of their field. There is a special certification program that personal injury lawyers must complete before they are referred to as specialists. The American Bar Association is responsible for this certification. Although individual states regulate their own lawyers, they still adhere to rules of professional responsibility as stated in the United States Constitution. These certification programs come with set standards of knowledge, competence and experience that must be attained before personal injury lawyers are called specialists. Once personal injury lawyers pass the bar exam and are licensed, they can deviate to any specialty within the law profession. However, legal ethics demand that inexperienced lawyers should not represent a client without first enlisting help or learning the issue at hand. To provide the highest quality representation for their clients, most lawyers prefer sticking to a particular area of law, thereby dedicating all of their resources to this area. Within personal injury, a lawyer has a massive number of possible claims. These include accidents, product liability, medical malpractice, wrongful death, workplace injury and more. Some lawyers choose to go further and devote all of their energy and time to a single area of litigation in the personal injury law field, becoming very thorough and experienced at arguing specific types of cases such as work accidents, aviation accidents or medical mistakes. Professional fees are based on a number of factors, including energy, time, outcome, difficulty, prominence, the experience of the lawyer, and the associated costs of the case. A lawyer may offer the plaintiff a number of payment options, including contingency fees, flat fees, hourly rates and retainers. The most common option is the contingency fee. This protects the client because payment is pegged on the success of the case. Here the lawyer receives a percentage of the awarded amount after a successful trial or settlement. The average mark is 30 percent of the awarded amount. An hourly charge is also a common option. This is where the plaintiff pays for every hour the lawyer represents them. A flat fee option is also available. A flat fee is paid prior to the commencement of the trial. Lastly, some options combine all or more than one of the above options. Accident and Injury LawyerWhen you need a South Jordan Utah Accident 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
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Are Divorce Fees Tax Deductible? Can I Stop A Foreclosure By Paying The Past Due Amount? Centerville Utah Divorce Attorney Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post Personal Injury Law Firm South Jordan Utah first appeared on Michael Anderson. via Michael Anderson https://www.ascentlawfirm.com/personal-injury-law-firm-south-jordan-utah/
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Centerville is a city in southeastern Davis County, Utah, United States. It is part of the Ogden-Clearfield Metropolitan Statistical Area. The population was 15,335 at the 2010 census. It is located adjacent to the easternmost part of the Great Salt Lake. According to the United States Census Bureau, the city has a total area of 6.0 square miles (15.6 km2), all of it land. DivorceA marriage may only be ended through the Courts. There are different ways to end a marriage either temporarily or permanently, such as a legal separation, an annulment or a divorce. Although there are some minor differences, the process for ending a marriage is very similar. There is no way to prevent a divorce in Centerville Utah if one spouse wants it even if the other doesn’t. Legal Separation, An Annulment, And A Divorce• A legal separation, called separate maintenance in Utah, does not end your marriage. You remain legally married, but intend to live apart from each other. Since you are no longer living together, you may ask the court to enter an order for custody, visitation, child support, property division, debt payment, and other issues. How long does it take to get a divorce in Centerville Utah?The answer to this question depends upon the circumstances. Some ideas follow: • Contested divorce: If you and your spouse cannot agree on the terms of the divorce, then it could take months or even years. Debt In DivorceThe general rule is that if there is a debt on the property, the person who keeps the property will also have to pay the debt. However, when the person getting the property has no money or is disabled and the other party makes lots of money, then the person with money might have to pay the debt. Also, a spouse is usually not responsible for the other’s debt unless they have signed a loan agreeing to pay for their spouse’s debt or if the debt was for a family purpose (i.e., kids’ clothes, kitchen appliances, or anything that benefits the whole family). Personal PropertyPersonal property is property that is considered to be moveable. This includes items like cars, furniture, dishes, etc. The general rule for property division is to divide it equally allowing each person to set up a separate home. However, as with debts, a person gets to keep personal property he or she brought into the marriage, or property that was a gift to one person, or that was inherited by one person. Unless that property has been combined with other marital property or is used in a way that it takes on the legal status of marital property. In dividing personal property, it is best to sit down with your spouse and agree on who gets what. Each should then take the property as agreed, remembering to change titles and names on accounts as necessary. It may be helpful to include the Vehicle Identification Numbers and/or any existing serial numbers for any property in your divorce decree. However, remember that it is a public document, so consider any confidentiality/identity issues that may exist, such as social security numbers. If you cannot decide on your own how to divide the personal property, the Judge might have one party make two lists and allow the other party to choose which list they want. Real PropertyReal property is land and anything permanently attached to land, such as a house or buildings. Generally, you will get to keep any real property you brought it into the marriage, if it was a gift, or if it was inherited. Unless you have commingled it with marital property or otherwise changed the nature of your real property so that it takes on the legal status of marital property. If the home was purchased during the marriage, it will be considered marital property even if only one name is on the deed. Often the real property is sold and the money from the sale is divided equally between the parties. However, one person may “buy out” the other by giving them what they would have gotten had the property been sold. The person giving up the house should sign a Quit Claim Deed to the other person once the divorce is final. It may be helpful to include a property description in the decree itself, so that you may record the order at the County Recorder’s Office or otherwise use the order to prove change of title to lenders, purchasers, title insurance companies and the like. If you do not agree on who should get the house, the Court will do its best to enter a fair order. The Court may award the home to one party and award to the other party other marital assets of equal value. The Court could order the home sold and the equity split. If you have kids, the home might go to the party with custody of the children until the children move out of the house. At that time the house will be sold and the party who did not live in the home will get half of the equity as of the time of the divorce. Or the party awarded the home may have to buy out the other party by paying the cost of half the equity calculated at the time of the divorce. However, remember to calculate the equity of the home during the divorce process and include the amount of equity owing in the final order. Alimony In DivorceThe Court looks at the needs of the parties and their ability to support themself against the ability of the other spouse to pay. In addition, alimony will generally be awarded for the same time as the length of the marriage (i.e., if the marriage was 10 years long, then alimony would only be awarded for 10 years). However, there are some exceptions to this rule. Retirement/Pension PlansIf both parties have retirement plans, each will likely be awarded their own account. However, each spouse is likely entitled to half of any retirement benefits that were earned during the marriage. If you are not the person putting money into the plan, but you are awarded some of the benefits, you must get a Qualified Domestic Relations Order or QDRO. Until a QDRO is signed and approved by the pension/retirement plan, it will not be split. In fact, if you do not successfully complete the QDRO, your share of the pension may not be available when you need it for your retirement, and indeed, may be lost entirely. You may change your name as part of your divorce. The party wishing to change his or her name needs to include a paragraph stating that their name is being changed. If you feel that the other party is harassing you, you may ask the court to enter a restraining order and say what you want the other party to be restrained from doing. Unlike the protective order, violation of a restraining order is not a crime. It is contempt of court and must be enforced by the Court. If you disagree with the Judge’s order on one or more issues in your divorce, you have the right to appeal. This means having a higher court review your case. You must file your appeal within 30 days of the final entry of the decree of divorce. Appealing a case is a complex and technical process and you should consider hiring an attorney to help you. Once the court enters a divorce decree, it may be modified only if the parties can show that there has been a substantial and material change in circumstances since the divorce was entered. For example, this might mean a large change in one party’s income, or the fact that one party moves from the state. Once the court finds that there is a substantial and material change in circumstances, then it needs to decide what the order should be. When reviewing a custody or visitation order, the court will always base its decision on the best interest of the children. In the event of a substantial change, a petition is filed with the court asking that the decree be changed. Steps to Getting a Divorce in Centerville, UtahIf you are navigating a divorce, it is easy to feel overwhelmed and, at times, lost. There are so many tasks to check off and details to address. The divorce process is often so complex, knowing what your next move should be is not always clear. A divorce begins when a petitioner files a petition for divorce. Then, papers will be served. Proof of service is filed with 120 days of serving. Though, a Stipulation will be filed if both parties agree. If Parties Disagree In DivorceOnce papers have been served, the respondent will need to reply. The summons will state how many days the defendant has to respond. In most cases, if they are served in Utah, they must file their response within 21 days of being served. If they are served outside of Centerville Utah, the defendant has 30 days after service. If the defendant does not reply or reply within the allotted timeframe, the plaintiff can ask the court to enter a default judgment (the plaintiff wins, and the defendant loses the chance to tell their side). Parties will then exchange financial declaration and initial disclosures. Each party must reveal their income, any assets, and debts and expenses to the other party to determine child support, alimony, and division of debt and property. Parties also need to disclose any information, documents, and witnesses that help prove or defend their case. Both parties must complete at least one session of mediation in an attempt to resolve any disputed issues. If mediation does not resolve disputed issues, a trial will be necessary. In a trial, a judge will determine the case and tells parties to prepare and file final documents. If at any point, before the trial, either party can file a motion for a temporary order. A temporary order will determine child custody, parent time, alimony, attorney fees, and other matters. Both parties must file this temporary order until it changes or until the final ruling. Divorce Modification Attorneys in Centerville, UtahDon’t let anyone tell you that Modifying Divorce Decrees is impossible. It is hard, but when it is the right thing to do, the Courts will review a requested change. As time passes, an Order of the Court may no longer accurately reflect your current situation. Changes such as getting remarried, moving to a new home, or losing a job (to name just a few) can make the terms of your Order incompatible with your day-to-day reality. Divorce Modification ProcessGenerally, if you want to modify some aspect of your Decree of Divorce or other Order, you will need to file a Petition to Modify with the same court that issued it. Keep in mind that the Court is looking for a “material and substantial change in circumstances.” In other words, the change must not be minimal, and not of a temporary nature. Simply wishing to alter your custody arrangement because you no longer like it does not qualify. Similarly, the court will probably not lessen your alimony payments merely because you have come to regret agreeing to pay them. Note that there is an additional requirement if you are requesting a change that affects a minor child, such as custody, parent-time schedules, and certain aspects of your parenting plan. After demonstrating that your situation has changed meaningfully and permanently, you must also show the court that the proposed change is in the child’s best interest. When performing this analysis, the Court is guided by specific factors found in the applicable statutes. If your situation meets the material and substantial requirement, then your Petition to Modify will proceed through the court process in much the same way that the original case did. Answers, discovery of evidence, mediation, temporary orders, and court hearings are all done in similar fashion. In essence, you are re-litigating your case, but this time, with a narrower focus on just the issues that have been affected by your changed circumstances. Divorce Lawyer In Centerville, UtahWhen you need to get divorced or need help with child custody in Centerville, Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
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Corporate Lawyer Bluffdale Utah How Important Is Estate Planning? Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post Centerville Utah Divorce Attorney first appeared on Michael Anderson. via Michael Anderson https://www.ascentlawfirm.com/centerville-utah-divorce-attorney/ Motorcycle accidents can touch on many areas of law, such as product liability, personal injury, and property rights. Motorcycles can be particularly dangerous vehicles. Many of the considerations before and after a motorcycle accident are no different than they would be for an accident between automobiles. However, there are some issues that are particular to motorcycle accidents. Helmet LawsSome states have laws that require motorcyclists to wear a helmet when driving. These laws are unpopular among some motorcyclists. Riders challenging these regulations have even been successful overturning them on constitutional grounds in some jurisdictions. However, it is inescapable that riders who do not wear a helmet are three times more likely to suffer a brain injury when they have an accident. State interest in the safety of motorcyclists and in keeping insurance rates low in their state has justified the implementation of mandatory helmet laws. None of this means that failing to wear a helmet will prevent recovery when an accident isn’t your fault. Nor does this mean that wearing a helmet will necessarily help your case. However, failure to wear a helmet, particularly where there is a law requiring that a helmet be worn, may help your opponent claim that your own negligence caused or contributed to the accident. This can reduce or even bar a claim for damages. It is always advisable to use the protective equipment your state requires. There may even be criminal penalties for failing to do so. On the other hand, evidence that an injured motorcyclist failed to wear a helmet is inadmissible in personal injury suits in some jurisdictions. Helmet laws are very inconsistent and regardless of how you decide to ride it is helpful to know what the law requires. Motorcycle Defects and RecallsMotor vehicles are frequently the subject of recalls, but this can be particularly important to motorcyclists since a defect has a much higher chance of endangering the driver. The National Highway Traffic Safety Administration (NHTSA) and vehicle manufacturers themselves may issue a safety recall in response to a discovered defect. Whenever a safety recall is conducted the manufacturer must file a public report describing the defect, the involved product, the events leading to the recall, a description of the remedy, and a schedule for the recall. Motorcycle manufacturers also have a duty to try to notify owners of recalled vehicles. The manufacturer has a duty to remedy the defect without cost to the owner. A periodic check for recalls is one preventative measure motorcyclists can undertake to increase their safety. Certain kinds of accidents are also suggestive of a defect. A motorcycle with an alignment defect may experience a front-end wobble, particularly at higher speeds, that can result in an accident. Motorcycle Accidents: Common CausesMotorcycle accidents, though not necessarily more frequent than other types of accidents, are more likely to result in serious injury or death. According to the federal government, per mile traveled recently, there were 35 times more deaths from motorcycle accidents than from car accidents. Because of these alarming statistics, it pays for motorcyclists to learn about the most frequent causes of accidents and then use this information to reduce their level of risk. Motorcycles in Head-On CollisionsCrashes involving motorcycles and other vehicles account for 56% of motorcycle accident deaths. In the vast majority of these accidents, the car strikes the motorcycle from the front –78% of the time. (The car strikes the motorcycle from the rear only 5% of the time.) Head-on collisions between a car and motorcycle are often fatal to the motorcyclist. Cars Making Left-Hand TurnsThe single most dangerous situation for motorcyclists occurs when cars are making left-hand turns. These collisions account for 42% of all accidents involving a motorcycle and car. Usually, the turning car strikes the motorcycle when the motorcycle is: Motorcycle Lane SplittingLane splitting occurs when a motorcycle drives between two lanes of stopped or slowly moving cars, usually in traffic jams. Lane splitting is a common cause of motorcycle accidents due to several factors: Motorcyclist Speeding & Alcohol UseAbout half of the accidents involving a single motorcycle are caused by speeding or alcohol use. This statistic is not surprising and these factors play a large role in accidents among cars and other vehicles as well. However, because motorcycles don’t provide much protection to the rider, crashes involving speeding or alcohol are much more likely to result in death or serious injury. Collisions Between Motorcycles and Fixed ObjectsMotorcycles colliding with fixed objects accounts for 25% of motorcyclist deaths, but just 18% of car crash deaths. Again, because the motorcyclist is not surrounded by a box of metal and is likely to be thrown far and hard, such accidents are more deadly when riding a motorcycle. Road Hazards Facing MotorcyclistsMotorcycles face higher dangers from road hazards than do cars and other vehicles. Due to the smaller size and less stable nature of the motorcycle, potholes, dead animals, slick pavement conditions, uneven heights between lanes, and other irregularities or unexpected objects in the road pose a serious safety threat to motorcycles. Collecting Evidence After a Motorcycle Accident (for a Claim or Suit) Accident EvidenceAccident evidence involves anything that documents the details surrounding an accident. Collecting this type of evidence allows the often murky and confusing details surrounding an accident to be documented in order to determine who is liable. Witnesses Of Motorcycle Accidents In UtahCollect information such as name and contact information from witnesses and the parties involved. If other people were nearby that saw the accident makes sure you collect their names and contact information. It is also important to note that the police report of the accident should contain this information, but one cannot always rely on a police report to contain all the required information, particularly if witnesses leave the scene. PhotographsCameras on mobile phones make it easy to document accident scenes. Some insurance carriers provide mobile phone apps to their customers that allow them to photograph damage from accidents to submit to their claims department. If possible, take photos of the scene of the accident. If you are unable to take photos due to an injury, ask a relative or friend or even someone you trust nearby to assist you. The following are things you should take pictures of: Written Description of the AccidentThe amount of information a person must deal with after an accident can be overwhelming. If this information becomes too convoluted, it can make it difficult for an attorney evaluating the case to determine if a claim exists and the amount of damages which one may be entitled. Therefore, a good strategy involves maintaining a journal of everything that had happened at the accident, your medical injuries, your appointments, expenses, etc. Police ReportsPolice reports provide an important piece of evidence from an official third party who can also testify to his or her report in court if required. Generally, persons involved in an accident are provided the report immediately. However, if a report is not provided, one can be requested at the police department with jurisdiction over the accident. Evidence of DamagesThe second category of evidence a party involved in a motorcycle accident should collect involves documenting damages related to the accident. The process of collecting this evidence is often carried out over the long term. As a general rule, an injured party in a motorcycle accident may be eligible to receive financial compensation for injuries and expenses resulting from the wrongful actions of another. An injured motorcyclist may receive, at a minimum, the following types of compensation: Proof of Income and Lost IncomeDocumenting all present and future income is done by relying on pay stubs and tax returns. Vehicle Damages Estimates and RepairsAny property damage resulting from an accident should be documented with receipts for repairs, storage and towing to the repair shop. Further, it is important to maintain a record of receipts for the replacement of damaged properties; receipts for rental vehicles and documentation of any recent repairs or improvements made to your car shortly before the accident to establish the value of the vehicle at the time of the accident. Collecting the evidence after an accident can mean the difference between a successful and unsuccessful claim for damages after a motorcycle accident. Although the tips provided above are not exhaustive, they offer a good starting point for your insurance agent. Laws and RegulationsAll motorcycle operators must: Motorcycle Accident LawyerWhen you need legal help with a motorcycle accident 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
Real Estate Lawyer Midvale Utah Can You Stop Foreclosure Once It Starts? Bankruptcy Lawyer Farmington Utah Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post Motorcycle Accidents first appeared on Michael Anderson. via Michael Anderson https://www.ascentlawfirm.com/motorcycle-accidents/ Located at the base of the Wasatch Mountains thirteen miles south of Salt Lake City, Sandy was a likely area for early settlement. The area was first used by nomadic bands of Paiute, Shoshone, and Bannock Indians who roamed along the base of the mountains as they traveled from their winter home at Utah Lake to their summer fishing grounds at Bear Lake. Permanent settlers first moved into Sandy during the 1860s and 1870s because of the availability of land in the less crowded southern end of the Salt Lake Valley. The original plat was essentially one square mile, situated on an alluvial terrace running north and south along the eastern edge of the Jordan River drainage system and paralleling the mountain range. In 1863 there were only four homes between Union (7200 South) and Dunyon (Point of the Mountain): the Thayne homestead at 6600 South and 800 East, one in Crescent, one at Dunyon, and a fourth outside present-day Sandy boundaries altogether. Within a few years, Thomas Allsop, a Yorkshire farmer who had immigrated to Utah in 1853, owned almost half of present-day Sandy from County Road to Fourth East along Alta Road to Lindell Parkway. LeGrand Young owned the land between Fourth East and State Street. Farmers willing to try their hand at the thirsty soil that inspired Sandy’s name took up land along State Street, which stretched from downtown Salt Lake City to Point of the Mountain. But it was mining that shaped Sandy’s first four decades. When silver mining began in Little Cottonwood Canyon, entrepreneurs recognized Sandy’s value as a supply station; soon its main street was lined with hotels, saloons, and brothels serving miners ready to spend their newly earned wages. Three major smelters were located in Sandy–the Flagstaff, the Mingo, and the Saturn–making Sandy the territory’s most significant smelting center for a number of years. The railroad was also significant in determining the course of Sandy’s history. Built in 1873, the railroad connected Sandy to Salt Lake City and facilitated the transportation of ore and other products both in and out of the area. A streetcar line in 1907 facilitated the transportation of locals to jobs in Salt Lake City; and the automobile later continued to serve that function. When the mines failed in the 1890s, Sandy faltered, then underwent a significant economic transformation into an agricultural community. The fact that Sandy did not disappear, like so many other mining towns that dwindled with their mother lodes, was due to its location, resources, and the spirit of its inhabitants. Sandy was incorporated in 1893, largely as part of an effort to combat what Mormon inhabitants considered “unsavory” elements in the town. Due to its mine-based beginnings, Sandy was somewhat of a boom town, unlike the majority of other rural Utah towns. After incorporation, it was almost as if Sandy had redefined itself. Gone were the large numbers of single, transient men. By 1900 there was only a handful of saloons and hotels, and Sandy began to more closely resemble other rural Utah towns–a place where everyone knew everyone else. Church, farming, business, and family formed the focus of the inhabitants’ world. This pace and way of life continued for more than six decades, interrupted only by wars, the Depression, and the changing seasons. No significant jumps in population, economic trends, or social patterns altered the predictable and stable rhythm of life. In the late 1960s, however, this rural town dramatically changed course with its second boom. It had always been assumed by local leaders and citizens that Sandy would grow outward from its logical and historic center–the nexus of Main and Center streets. However, population growth overwhelmed the physical center as neighborhoods spread out in every direction over the land. During the 1970s, pocket communities took shape, providing the services, schools, and shopping traditionally offered by a city. Annexation issues became prominent as Salt Lake County and Sandy vied for control over land and resources. Sandy became a collection of small local communities identified by a youthful, family-oriented population. For many it seemed that Sandy was a bedroom community, an extension of Salt Lake City. Nevertheless, in the 1980s Sandy officials worked to create a community with an identity of its own and a vision for the future. Sandy High School students originally attended Jordan High School, which was completed in 1913. In 1962 Hillcrest High School was completed, followed by Brighton in 1969 and Alta in 1978. Sandy students attend seven middle schools and over a dozen elementary schools. The community is served by a new modern library completed in 1991. Sandy’s major employers at the present are Alta View Hospital, Becton Dickinson/Deseret Medical, Economy Builders Supply, Jordan School District, MacManagement, Sandy City, Shopko, Wasatch Building Products, Inc., Western Rehabilitation Institute, Discover Card, and the South Towne Mall. Uncontested Divorce in Sandy UtahDivorce can be devastating; however, uncontested divorces are often less overwhelming to your finances and sanity than contested ones. Your divorce does not have to become a soap opera. Sandy Utah’s uncontested divorce process allows spouses to reach an agreement on their own and avoid the stress and anxiety associated with completing a divorce trial before a judge. The uncontested process can be relatively quick, and certainly less expensive than taking a divorce to trial. Uncontested divorces (sometimes called “quickie divorces) are an option available to divorcing Sandy Utah couples with or without children. Typically, an uncontested divorce is generally less expensive and faster than traditional divorces because you avoid the expense of attorneys, custody evaluations, and hiring experts for trial. If you and your spouse can agree on all issues regarding your divorce, including child custody, visitation, and support, then an uncontested divorce is a real option. However, if you and your spouse have unresolved divorce-related issues, then the court will require you to go through the traditional “contested” divorce process where the judge will resolve the disputed issues for you. • not requesting child custody, child support, or spousal support, or Preparing Divorce FormsThe Utah Courts site offers online forms for completing an uncontested divorce. The court offers the Online Court Assistance Program (OCAP) to residents without an attorney. On the website, you will need to create an OCAP account, and then you can choose which type of divorce situation applies to you and follow the instructions. The spouse who files the paperwork is the “petitioner,” and the other spouse is the “respondent.” If you don’t have access to the internet, you can request a hard copy of the required forms from your local courthouse. You must submit the following documents with your divorce paperwork: How Much Does it Cost to File for Divorce in Sandy Utah?The cost to file for a divorce in Utah varies depending on the type of case your filing, the fees for serving your spouse with paperwork, attorney fees, and more. You can contact your local courthouse to determine the filing fee for divorce paperwork. If you can’t afford to pay the filing fees, you can submit a fee waiver to the court, asking the judge to waive all the costs with the court. Completing Your DivorceSandy Utah has a mandatory 30-day waiting period to complete a divorce. Under extraordinary circumstances, the court may waive the 30-day waiting period, however, before a judge grants a divorce to parents of minor children, both spouses must complete the Divorce Education Course. If you don’t have children, the court doesn’t require you to attend a class but does encourage both spouses to utilize the resource. Utah does not require that you attend a court hearing before a judge finalizes your uncontested divorce. Instead, after you file all the required paperwork, the judge will review it for accuracy and ensure that it’s reasonable and in your children’s best interests. If the court finds that everything is in order, the judge will finalize your divorce and sign the Findings and Decree of Divorce. How To Keep From Losing Everything In A Divorce• Identify your assets: Before you can proceed with anything else, you need to know how much money you have and where it is. Next, clarify what’s in your name and what belongs to your spouse, including any mortgages, bank accounts, investments, and other assets. “A judge is going to care more about a good financial statement than a picture of someone going out of a motel.” • Lawyers are Familiar With Matrimonial Law and Family Court While You, Presumably, Are Not: If you choose to represent yourself in court, you will not be given any special treatment. In other words, you will be expected to know the relevant law, to abide by all applicable civil procedures, and you will not be given any “do overs” if you make a mistake. Additionally, you will likely be going up against your spouse’s attorney in court whom, presumably, is an experienced family law attorney who knows the relevant tricks of the trade. You will be held to the same standards as this seasoned professional if you choose to represent yourself. • Hiring an Attorney May Cause Drama: If you blindside your spouse by hiring a divorce attorney without warning it may cause a certain amount of drama. Your spouse may think that because you’ve lawyered up you’re trying to take them to the cleaner and that you won’t act reasonably during the divorce process. Free Initial Consultation with LawyerIt’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
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Can Divorce Records Be Sealed? Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post Sandy Utah Divorce Attorney first appeared on Michael Anderson. via Michael Anderson https://www.ascentlawfirm.com/sandy-utah-divorce-attorney/ Utah Criminal Code 76-5-102.4: Assault Against Peace Officer Or A Military Service-Member In Uniform–Penalties1. As used in this section: 2. A person is guilty of a class A misdemeanor, except as provided in Subsections (3) and (4), who: commits an assault or threat of violence against a peace officer, with knowledge that the person is a peace officer, and when the peace officer is acting within the scope of authority as a peace officer; or commits an assault or threat of violence against a military service member in uniform when that service member is on orders and acting within the scope of authority granted to the military service member in uniform. Battery Against a Peace OfficerBattery against a peace officer involves causing injury to a law enforcement officer (or, in some states, attempting to or threatening to cause injury) Battery against a peace officer involves causing injury to a law enforcement officer (or, in some states, attempting to or threatening to cause injury) . It is treated as a very serious crime. Many states have specific and harsh penalties that apply to battery against a peace officer. Injuring or attempting to injure someone may be called a “battery” or an “assault,” depending on how the state uses these terms. Traditionally, the crime of battery was committed if a person caused actual injury to another, and the crime of assault was committed if a person threatened or attempted to cause injury. Although some states still recognize separate crimes of assault and battery, most states use either the crime of assault (the injury is an assault; a threatened or attempted injury is attempted assault), or the crime of battery (the injury is a battery; a threatened or attempted injury is attempted battery). The Name of the CrimeAs explained, states have singled-out assaults (or batteries) against peace officers for special treatment, but they don’t always write separate laws for these situations. In states that do write separate laws, there is a stand-alone crime called “battery against a police officer;” other states will have a crime called “assault against a peace officer.” But some states have not written separate statutes for this situation–instead, prosecutors charge the general assault or battery crime, but if the defendant is convicted, he or she will face a stiffer penalty than usual. The name of the crime is not important; the type of behavior prohibited by the law is what is important. Proving Battery Against a Peace OfficerGenerally, in order to convict a person of the crime of battery against an officer the prosecutor must show that the defendant: Punishment for Battery Against an OfficerPunishment varies greatly from state to state and depends in part on the circumstances of the crime. Elements of the CrimeAs with other crimes, the prosecution must prove certain elements in order to get a conviction for battery against an officer. These elements include the following (state laws may organize and word these elements differently): Some jurisdictions require that the officer suffer actual injuries in order to get a conviction for battery against a peace officer. But other statutes only require proof of a threat or attempt of battery, or classify varying degrees of the offense. For example, Utah law imposes more serious charges with a possible prison sentence of up to three years when “an injury is inflicted” upon the victim. Generally, an injury as minor as a scrape or bruise is sufficient. But the infliction of “serious bodily injury” defined by Utah law to include things like broken bones, loss of consciousness, and serious disfigurement will most certainly result in a longer prison sentence upon conviction. Peace Officers and Official DutiesStatutes that prohibit acts of battery committed against police officers typically refer to “peace officers” in general. Most states define peace officers to include search and rescue personnel, park rangers, prison guards, university campus police, and others whose job it is to maintain the public peace. State laws also may include service processors, ER doctors and nurses, firefighters, and even lifeguards in that category. Peace officers perform their “official duties” by carrying out a job duty, regardless of whether they are on the clock. For instance, an off-duty officer out with some friends who witnesses a crime in progress and intervenes by showing her badge and calling for back up is performing her official duties. It’s also important to understand that an officer making an illegal arrest is still performing his official duties with respect to the law. For example, punching a police officer for illegally harassing someone is still punishable as a crime under these laws. Sentencing and PunishmentCharges and sentences for this crime vary quite a bit from one state to the next, but often include incarceration (and probation), in addition to steep fines and restitution to the victim. States without a standalone statute for battery against an officer typically provide for enhanced charges when a peace officer is the victim of assault or battery. For example, a second-degree misdemeanor charge for assault may be upgraded to a first-degree misdemeanor. Utah law imposes a minimum five-year prison term (and up to 30 years, plus 30 years probation and a $10,000 fine) for anyone convicted of aggravated battery (causing great bodily harm) of a law enforcement officer, classified as a first-degree felony. General battery (not causing great bodily harm) against an officer is charged as a third-degree felony in Utah, punishable by up to five years in prison, five years probation, and a $5,000 fine. The lightest sentence under this statute is six months to one year in county jail for assault against a peace officer, charged as a first-degree misdemeanor. Why is it a More Serious Crime to Assault a Peace Officer?It is the duty of peace officers to keep peace and protect the public. The monetary penalties for assault are usually greater and jail time is more inevitable when the victim is a peace officer. Several states extend the harsher sentences to defendants that assault, not just peace officers, but other peacekeepers and/or first responders as well. Individuals that work in other fields that may be considered peacekeepers and/or first responders can include: Getting Legal Advice and A Criminal Defense LawyerIf you are charged with battery against an officer, you should contact a criminal defense attorney as soon as possible. Battery against an officer is a serious crime and conviction can result in probation, time in jail, or even a prison sentence, not to mention fines, and a criminal record. A local criminal defense attorney will know not only the laws in your particular state, but will also be able to tell you how your case is likely to be treated in court. An attorney will be able to help you navigate the court system and, hopefully, achieve the best outcome in your case. Criminal Defense LawyerWhen you need legal help with a criminal case 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
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Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post Utah Criminal Code 76-5-102.4 first appeared on Michael Anderson. via Michael Anderson https://www.ascentlawfirm.com/utah-criminal-code-76-5-102-4/ A ‘red flag’ law (also known as Extreme Risk Protective Orders or ERPOs), a policy that would temporarily remove firearms from people in crisis who pose a dangerous threat to themselves or others. ERPOs are evidence-based policy shown to significantly reduce suicide. They also prevent other gun deaths and injuries, such as mass shootings. 16 states and the District of Columbia have already passed red flag laws, often in the wake of a mass shooting. In the Utah, United States, a red flag law is a gun control law that permits police or family members to petition a state court to order the temporary removal of firearms from a person who may present a danger to others or themselves. A judge makes the determination to issue the order based on statements and actions made by the gun owner in question. Refusal to comply with the order is punishable as a criminal offense. After a set time, the guns are returned to the person from whom they were seized unless another court hearing extends the period of confiscation. Orders issued under “red flag” laws, also called risk-based gun removal laws, are known by several names, including Extreme Risk Protection Orders (ERPOs) (in Oregon, Washington, Maryland, Vermont, and Colorado); Risk Protection Orders (in Florida); Gun Violence Restraining Orders (GVROs) (in California); risk warrants (in Connecticut); and Proceedings for the Seizure and Retention of a Firearm (in Indiana). The specifics of the laws, and the degree to which they are utilized, vary from state to state. A “red flag” law is only as good as the enforcement behind it. And depending on the state, the law does not always guarantee enforcement of the order. That often depends on the resources and awareness of local police and sheriffs. In some states, these laws are used widely and enforcement is swift, while in others, they aren’t used much at all. In some cases, it’s a matter of education. Neither the community nor law enforcement may be aware that “red flag” laws are an option in their state. In other areas, law enforcement has dedicated staff and trainings for police. And in some jurisdictions, law enforcement doesn’t support the laws, and aren’t proactive in making the option known to residents. What Does A ‘Red Flag’ Law Do?When a person is in crisis and considering harming themselves or others, family members and law enforcement are often the first people to see the warning signs. Extreme Risk laws sometimes referred to as “Red Flag” laws, empower loved ones or law enforcement to intervene in order to temporarily prevent someone in crisis from accessing firearms. These laws can help de-escalate emergency situations and are a proven way to intervene before gun violence such as a firearm suicide or mass shooting takes more American lives. States around the country are increasingly turning to Extreme Risk laws as a common-sense way to help reduce gun violence. ‘Red flag’ laws, or Extreme Risk Protection Orders (ERPOs) allow family members, law enforcement or other third parties to ask a court to temporarily remove a person’s guns if they’re concerned about the individual. If a judge finds that person is dangerous to himself or others, that person must surrender all firearms to the police for a specified period of time. During that period of time, the person is also not allowed to buy or sell guns. What A Red Flag Law Doesn’t DoIt is a temporary order, so it does not permanently keep guns away from individuals who might cause significant risk. The window of time it’s in effect depends on how the law was written in your state. Why Do Some Gun Rights Supporters Oppose These Laws?The National Rifle Association (NRA) supports the “idea” of “red flag” laws but opposes how they’ve been enacted in states across the country, saying they infringe on due process rights. This is because the hearings to decide if an individual is dangerous are held “ex parte,” which means the person whose guns are temporarily removed does not have to be present at the time of the hearing. This isn’t unusual. Restraining order hearings are often held “ex parte.” The issue has also become a point of contention for gun rights advocates as a sign of government overreach. Do ‘Red Flag’ Laws Work?Unless otherwise stated, Guns & America defines a mass shooting as the shooting of two or more people in a single incident, in a public place. This definition excludes crimes of armed robbery, gang violence, or domestic violence, focusing on cases in which the motive appears to be indiscriminate mass murder. There hasn’t been a great deal of research on the effectiveness of these laws, mostly because they are relatively new. And we don’t know yet how these laws can affect future violence or homicides. However, the studies we have so far suggest these laws can at least reduce gun suicides, which make up 60% of the nation’s total annual gun deaths. One argument for “red flag” laws is they may be used as a tool to reduce mass shootings. And according to the most recent report from the FBI, more than a third of mass shooters killed themselves. While mass shootings are rare, and thus hard to study, one hypothesis is that “red flag” laws could target this group by giving those closest to them an opportunity to take action before something happens. Which States Have Red Flag Laws?There are currently 17 states and the District of Columbia with red flag laws. They include the following: HOW DO EXTREME RISK (RED FLAG) LAWS PREVENT GUN VIOLENCE?In the aftermath of a shooting incident, we often hear stories from friends or family members about “red flags” the shooter exhibited. That’s because there are often warning signs, red flags, prior to these acts of violence, and knowing them can save lives. Sandy Hook Promise has evidence-based programs to teach people to know the Signs and how to act to help prevent gun violence. Extreme risk protection orders (ERPOs), sometimes known as “Red Flag Laws,” empower family members and law enforcement agencies to prevent gun violence and gun-related suicides. The intent of these laws is to reduce risk and protect people in crisis from harming themselves or others, not to further stigmatize them. Therefore, members of the gun violence prevention movement call these laws “extreme risk laws” or “extreme risk protection orders.” WHAT ARE EXTREME RISK LAWS?Under such a law, family members and law enforcement officials can petition a court to temporarily separate at-risk individuals from firearms. If the judge finds the person poses a significant danger of injury to self or others, the judge will order that the firearms be temporarily placed in safe storage until the person is safe. Studies have shown that these laws work. Recent research found that for every 10 to 20 ERPOs filed, at least one life is saved from suicide. Why Are Red Flag Laws Controversial?One reason red flag laws are controversial is because, in some states, the person that is the subject of the order has no knowledge of the petition or order. Therefore, there is no ability to defend himself or herself against the accusation prior to the property being confiscated and losing the rights to purchase or possess firearms. A person who has not committed a crime has his or her guns confiscated, seemingly in violation of the constitutional right to due process. There is typically a full hearing within 21 days, at which the subject of the order may present his or her own evidence or respond to any evidence presented. There is also a concern regarding the opportunity for these petitions to be abused or “weaponized” by former partners or family members. Some states, like Rhode Island, have created penalties for providing false evidence. In addition, the subject of the order is presumed to be guilty and forced to go to court to prove his or her innocence. What’s the Difference Between Red Flag Laws and Other Gun Prohibitions?Federal law—and many state laws—already make it a crime to possess a gun if you: Who Can Request Extreme Risk Protection Orders?In most states with red flag laws (including California and New Jersey), both law enforcement officers and family or household members may file petitions for ERPOs (sometimes called gun violence or firearms restraining orders). Some states (like Florida and Indiana) limit these petitions to law enforcement only. A few others allow other community members to petition for ERPOs (such as certain health workers in Maryland or school administrators in New York). How Long Do Firearms Restraining Orders Last, and What Proof Is Needed?Although the requirements and procedures vary from state to state, people who request EPROs typically must sign an affidavit spelling out specific facts that make them believe the respondents pose an immediate risk of injuring themselves or others with a firearm. When courts decide whether or not to grant the petition, the level of proof required depends on the state and whether it’s a temporary or final order. Temporary ERPOsGenerally, courts will promptly decide whether to issue an emergency order based on the affidavit and other information that’s provided. If the order is issued “ex parte” (meaning the respondent isn’t present), the court usually will make its decision based on whether there’s reasonable or probable cause to support the petition. The standard of proof may be higher in some states or when a family member filed the petition. Ex parte ERPOs last a short period of time, ranging from one or two days in Maryland to 21 days in California and Oregon. Final ERPOsAfter the respondent has received notice and an opportunity to object at a hearing, the court will decide whether to issue a final ERPO. Because these orders last longer, state laws almost always require a higher standard of proof supporting the petition, like clear and convincing evidence. Most final ERPOs last up to a year, although they may be renewed or lifted after a hearing. If you’ve been served with a temporary ERPO, you should strongly consider speaking with a criminal defense lawyer as soon as possible. An experienced lawyer can represent you at the hearing and help you gather the evidence you need to challenge the order—or to lift an order that’s already in place. When May Authorities Confiscate Guns Under Red Flag Laws?Often, ERPOs simply order respondents to turn over their guns to law enforcement officers or agencies, so enforcement of the orders depends on their cooperation. Some states, such as Maryland and Florida, address this gap by authorizing search warrants to seize any guns that respondents possess, but only if there’s probable cause to believe they didn’t surrender a firearm in their possession. In a few other states, like Illinois and New Jersey, law enforcement may obtain a warrant at the same time as the ERPO—meaning that officers will search for and seize the guns when they serve the orders. Second Amendment Sanctuaries: Can Local Law Enforcement Refuse to Enforce Red Flag Laws?Before Colorado passed its red flag law in 2019, sheriffs in many of the state’s rural counties approved so-called “Second Amendment Sanctuary” resolutions, declaring that they wouldn’t enforce the new law. They followed similar moves by county sheriffs in Oregon, Nevada, and other states. It’s not clear yet what state officials will do if sheriffs follow through on their threats, although they have vowed to uphold the rule of law. But even without explicit sanctuary declarations, enforcement of these laws has often been uneven. Utah has proposed its own ERPO law, a strong measure that protects Second Amendment rights while saving lives and helping people in crisis get the behavioral health treatment they need. The measure was developed with input from a huge number of stakeholders, including mental health, suicide prevention, law enforcement, courts, domestic violence prevention and gun owners. As a way to prevent at-risk and violent individuals from harming themselves and others, one Utah lawmaker has reintroduced a bill that would allow a judge to order the temporary confiscation of those individuals’ firearms and ammunition. A so-called “red flag” gun law, designated as 2019’s HB 209, Extreme Risk Protection Order, is sponsored by Layton Republican Rep. Stephen Handy. Handy introduced a similar bill last year in the waning days of the legislative session and didn’t get very far. Gun Confiscation AttorneyWhen someone has taken your guns, call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
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Will I Lose My Furniture In Chapter 7? Probate Lawyer South Jordan Utah When Did Divorce Become Legal In Utah? Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post Gun Confiscation Lawyer first appeared on Michael Anderson. via Michael Anderson https://www.ascentlawfirm.com/gun-confiscation-lawyer/ Many of the business companies sell corporate bonds to the investors without any open market sale. If you also want to expand your business, then you can do it by raising funds. Selling corporate bonds can also help you to gain long term stability, but it requires you to sign an agreement with the investor’s company. You will be allowed to keep your business private in this agreement. When Do You Need a Private Placement Agreement?A private placement loan agreement is taken by the companies and their investors. The public sale offering is included under a private placement memorandum when it isn’t considered during the sale of bonds. The investors can include insurance companies, mutual funds, and banks. Purpose of a Private Placement AgreementThe purpose of the agreement is to make sure that the company is able to speed up with raising finance. Since only a little amount is spent on getting the work done, most businesses prefer private placement. If any company wants a small amount to be raised, then it can sign a private placement agent agreement with the investor company. How to Draft a Private Placement Agreement?To draft this agreement, you can take the help of the reputed attorney. Since you might be unaware of a lot of these agreements, it is advised that you focus on learning more about the rules and guidelines of the agreement. You can also take the help of the templates with which it can be easier for you to make such an agreement. Benefits of Private Placement AgreementThis agreement helps to avoid any fraudulent activities or issues with the payments. When the investors buy your securities, then this agreement helps you to tie a legal contract with the party. There aren’t any drawbacks to having an agreement that will protect your rights. What Is a Private Placement?A private placement is a sale of stock shares or bonds to pre-selected investors and institutions rather than on the open market. It is an alternative to an initial public offering (IPO) for a company seeking to raise capital for expansion.Investors invited to participate in private placement programs include wealthy individual investors, banks and other financial institutions, mutual funds, insurance companies, and pension funds. Understanding Private PlacementPrivate placement (or non-public offering) is a funding round of securities which are sold not through a public offering, but rather through a private offering, mostly to a small number of chosen investors. Generally, these investors include friends and family, accredited investors, and institutional investors. PIPE (Private Investment in Public Equity) deals are one type of private placement. SEDA (Standby Equity Distribution Agreement) is also a form of private placement. They are often a cheaper source of capital than a public offering.Since private placement is not offered to the general public, they are prospectus exempt. Instead, they are issued through Offering Memorandum. Private placements come with a great deal of administration and are having normally been sold through financial institutions such as investment banks. There are minimal regulatory requirements and standards for a private placement even though, like an IPO, it involves the sale of securities. The sale does not even have to be registered with the U.S. Securities and Exchange Commission (SEC). The company is not required to provide a prospectus to potential investors and detailed financial information may not be disclosed.The sale of stock on the public exchanges is regulated by the Securities Act of 1933, which was enacted after the market crash of 1929 to ensure that investors receive sufficient disclosure when they purchase securities. Regulation D of that act provides a registration exemption for private placement offerings.The same regulation allows an issuer to sell securities to a pre-selected group of investors that meet specified requirements. Instead of a prospectus, private placements are sold using a private placement memorandum (PPM) and cannot be broadly marketed to the general public.It specifies that only accredited investors may participate. These may include individuals or entities such as venture capital firms that qualify under the SEC’s terms. What is Private Placement Memorandum?PPMs are disclosure documents used by small businesses raising money through private securities transactions. A private placement memorandum (PPM) is a legal document provided to prospective investors when selling stock or another security in a business. It is sometimes referred to as an offering memorandum or offering document. A private placement memorandum may also be called an offering memorandum (OM), confidential offering memorandum (COM) or confidential information memorandum (CIM). A PPM is similar to a business plan, although it focuses much more on legal issues. The primary purpose of a PPM is to disclose to prospective investors the terms of a potential investment and primary risk factors involved in making the investment. A PPM also usually contains a considerable amount of information about the business opportunity, structure and management. It is less sales-oriented than a traditional business plan, partly because business lawyers typically create them. A PPM is used in “private” transactions when the securities are not registered under applicable federal or state law, but rather sold using one of the exemptions from registration. The PPM describes the company selling the securities, the terms of the offering, and the risks of the investment, amongst other things. The disclosures included in the PPM vary depending on which exemption from registration is being used, the target investors, and the complexity of the terms of the offering. A PPM must contain accurate, truthful and current information. While many PPMs share some similarities, they are all completely customized and unique to each investment deal. For example, a well-prepared PPM will avoid using formulaic risk factors. Instead, they will detail the specific risks associated with the company’s industry, such as market trends, competitive analysis, or regulatory and tax issues. In addition, a well-prepared PPM will avoid sales/revenue projections, especially overinflated ones, that are not based on expected reality and that are the exception. Investors will likely expect you to achieve those financial targets, and the SEC will closely scrutinize such performance forecasts set out in the PPM. Whether a company needs to use a PPM or not, and the amount and type of information in the PPM, will, in general, depend on; Private Equity FundMost Private Equity (PE) funds rely on the Rule 506 of Reg D exemption from registration for their securities offerings. While Rule 506 does not technically require any specific disclosures to accredited investors, in practice, a PPM is used when raising money from institutional or qualified individual investors. Generally, a PE fund’s PPM contains the same disclosures and information found in a prospectus filed with the SEC as part of a registration statement. Of course, the PPM is not in fact filed with the SEC. For prospective investors, the PPM is often the starting point in their investment decision process. Once the investors are interested in the PE fund’s investment offering, they do further research and due diligence before they invest. A Broker-DealerA broker must be licensed and registered with FINRA (Financial Industry Regulatory Authority), the SEC and a state securities regulator (depending on the type of business the broker and his or her firm conducts). FINRA Rule 5123 requires member firms to file the private placement memorandum, term sheet or other offering document that sets forth the terms of the offering. Under federal securities laws and FINRA rules, a broker-dealer has a duty to conduct a reasonable investigation of all securities that it recommends to its investor clients. In practice, most broker-dealer firms will require a PPM in order to have the offering approved for retail to their investor clients. A PPM must allow the broker-dealer to determine whether an investment is suitable for its investor client. The broker-dealer would be very involved in the drafting process and assists the company in all aspects of fundraising in exchange for a fee. This fee is typically a percentage of the total capital raised. This makes use of a broker-dealer quite expensive. For this reason, PPMs are most likely to be utilized by mature companies that have hired a broker-dealer. For example, nearly 65% of private equity funds engage the services of third-party marketers/placement agents for their investment offerings. On the other hand, very few small and emerging companies utilize the services of a placement agent, banker or broker-dealer to raise capital. Often, the amount of the investment being raised by small and emerging companies is small (usually, less than $5 million) and accordingly, the potential commission for a broker-dealer is not worth the time and risk associated with such transaction. As a result, in general, most small and emerging companies do not need to use a PPM to raise capital from investors. Venture Capital FundIn practice, all you need to gain the monetary support of a VC is a thorough business plan. VCs will almost never require a PPM. A VC may agree immediately to invest just from your pitch. If they like your company idea and decide that they want to invest, the VC will then provide you with a term sheet, representing its investment proposal. If you want Hollywood to invest in your movie, don’t send them a PPM. Studios will usually finance a movie idea if it’s a proven concept or appeals to the biggest demographic. No amount of fancy disclosures about the market and sales predictions will make a difference. You don’t need a PPM to pitch your project to Hollywood or to obtain studio financing. Angel investors are high net-worth individuals who provide capital for early-stage companies or start-ups. Angels are accredited investors. Therefore, technically, you are not required to provide a PPM, or any specific disclosures contained in a PPM, when offering securities to angel investors. A PPM would be a mere formality, since these sophisticated investors usually perform their own extensive due diligence and risks assessment before they invest. For angels, an important step in the due diligence process usually involves reviewing the company’s business plan. Like VCs, angel investors typically like to negotiate the terms of the deal with a term sheet. However, unlike VCs, who will be the one to supply the term sheet, the company will provide its own term sheet. Once the deal is fully negotiated, the term sheet goes back to the company’s attorneys who use it to draft a subscription agreement or stock purchase agreement, LLC operating agreement, or other document establishing the rights and preferences of the angel investor. Family and FriendsThe most common source of seed capital when starting a business is friends or family. However, in general, the amount that can be raised from friends or family is no more than $100,000. As such, a PPM is generally not required to raise capital from family members and close friends. For investment offers of $5 million or more to family and friends who are non-accredited investors (but they must possess a degree of financial sophistication), reviewing the PPM is an important step in the due diligence process. The PPM may serve as a stand-alone document, so that, without having to review any other material, the family member or friend is able to make an informed decision about the investment. A major downside of seeking money from non-accredited investors is the much greater disclosure requirements. On the other hand, in general, the legal disclosure burdens are dramatically reduced (subject to the antifraud provisions of the securities laws), when only accredited investors are involved. In which case, you may avoid using a PPM to raise funds. Having family and friends as early stage investors can be a dangerous endeavor. Investing in a start-up has inherent risks, which most professional investors understand, but your friends and family may not. They may not understand that there are a million things that can go wrong between raising the initial capital for forming the business entity, covering the initial operating expenses, attracting angel investors and the delivery of the finished goods or services. Therefore, whether or not you provide a PPM to your family or friend investors, you should be prepared to present them with your investor deck, pitch deck, financial statements, business plan and any other relevant documents that describe your business strategy and goals, how much capital your business needs, why you need the money and how you plan to spend it. There are many types of private placements that companies do to raise funds. Brokered Private PlacementIn a brokered private placement, a brokerage house acts as a middleman between the company and investors. The broker raises the money from clients and directs it to the company. The broker receives a commission in the 6% to 10% range for performing this service.This usually happens when it’s a large financial raise. Or when a small cap company needs the help of a broker to drum up interest.Some brokers have large client bases who like to participate in private placements. Getting access to a large base of investors can make it attractive for a company to go down the brokered financing route.The management teams who have large networks can go down the non-brokered financing route. This way they cut out the middleman (broker) to save on financing costs. Non-Brokered Private PlacementIn a non-brokered private placement, the investors place their money directly with the company. This saves a lot of money on fees for the company.Non-brokered financings are typically done by companies with access to good contacts and networks. They have “reach,” so they don’t need to pay a broker. Bought Deal Financing (Private Placement)A bought deal financing is when an underwriter (like a brokerage) decides to buy the whole financing allotment, at a set price, from the company issuing the shares. Those shares are then re-sold to the public or their clients. Private Placement LawyerWhen you need legal help with a Private Placement Agreement, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
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Probate Lawyer Heber City Utah How Long Is Jail Time For A Felony? Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post Private Placement Agreement first appeared on Michael Anderson. via Michael Anderson https://www.ascentlawfirm.com/private-placement-agreement/ Prenups can be a great tool for couple to use if they are thinking of getting married. A prenuptial agreement can help you establish the financial rights of you and your spouse in unfortunate event of a divorce including protecting a family business, or securing your personal assets. However, prenups have to be done right in order to be valid in your state. Reasons Why A Prenuptial Agreement Might Be Invalid• No Written Agreement: Premarital agreements must be in writing to be enforceable. • Unconscionability: It’s true that you can agree to give up your right to inherit from your spouse, which you would otherwise be entitled to do upon your spouse’s death, even if he or she left you out of a will. You can sign away your right to spousal support if you should end up in divorce court, even if your spouse makes ten times as much money as you do. You can even agree that your spouse gets all of the property and you get all of the bills, if that is what you want to do. But if the agreement is so grossly unfair that one party would face severe financial hardship while the other prospered, the court is unlikely to enforce it. Basically, “unconscionable” contracts are generally found invalid, and premarital agreements are no exception. Premarital Agreements Protect Your Estate in Utah, an Equitable Distribution StateUtah is an equitable distribution state. This means that in the absence of a premarital agreement, all property acquired during marriage (with certain limited exceptions) is marital property and would be subject to an equitable distribution upon divorce. A prenuptial agreement can override that presumption if it is stated in the agreement. Prenuptial agreements can also make agreements regarding potential spousal maintenance, division of assets, and division of debt. It is important to contact a lawyer who understands the complexity of these agreements, and who is familiar with the requirements for a valid prenuptial agreement in order to ensure any agreement reached is appropriate and legally valid. It is also important that each party either be represented by counsel, or be given the opportunity to consult with counsel. Prenuptial Agreements Protect Assets and Investments Even After MarriageAt times it becomes necessary or appropriate to define or negotiate agreements regarding property rights during marriage. Postnuptial agreements may be helpful if, for instance, one party to the marriage is starting a new business with several partners and the partners need clarification on the ownership rights. Both prenuptial agreements and postnuptial agreements, if they have been done properly, make the eventual process of the dissolution go much more smoothly as many of the issues have already been defined. Some Pros and Cons of Prenuptial AgreementsPros The Importance of a Prenuptial AgreementWe live in a culture where marriages are not always “till death do us part.” Although most engaged couples imagine that their marriage will be a lifetime of shared bliss and cooperation with finances, the truth is that approximately 20 percent of marriages end within five years and more than 30 percent end within 10 years. This is why it is important to consider all possibilities for the future before you get married You need to protect the assets you held prior to entering the marriage and assert your right to certain assets you and your spouse procure during the marriage. If you have a child from a previous relationship, it is also critical that you protect his or her right to your assets through a prenuptial agreement. A prenuptial agreement is a lot like a homeowner’s insurance policy – although you hope you never have to use it, it can be a lifesaver if you do. What Can a Prenuptial Agreement Do?In short, a prenuptial agreement sets rules for the court to follow regarding each party’s interests in the couple’s marital assets in the event of a divorce or one partner’s death. Without a prenuptial agreement in place, the court divides a divorcing couple’s assets according to the principle of equitable distribution, which states that each partner may receive a share of the marital property in accordance with his or her contributions to the marriage and his or her financial and personal needs following the divorce. By setting these rules, a prenuptial agreement can do the following: • Ensure that an individual’s children from previous relationships receive their share of his or her assets after his or her death; What May be Included in a Prenuptial Agreement?Issues related to finances and shared property may be included in a prenuptial agreement. In addition to the benefits listed above, a prenuptial agreement can also state how a couple may spend their money after marrying. This can include a clause stating whether one partner may be required to pay for the other’s education expenses or whether the couple will open shared bank accounts. Some issues cannot be predicted ahead of time and, thus, cannot be included in a legally-binding prenuptial agreement. For example, any requirements related to the couple’s future children, such as how many children to have and their custody agreement in the event of a divorce, may not be part of a couple’s prenuptial agreement. Although it is not permissible in many states, you can waive your right to seek spousal support following a divorce. What a Prenuptial Agreement Cannot IncludeIt is important to know the limits of a prenuptial agreement because a section that crosses those limits may invalidate the entire agreement. First, you should remember that a prenuptial agreement is essentially a financial arrangement. It shouldn’t extend to your relations with other family members, your decisions about whether and when to have children, or who is expected to do certain errands. Also, no prenuptial agreement can give either member of the couple an incentive for divorce. This means that you should think twice before making a specific arrangement on how to divide property after divorce that appears to clearly favor one spouse over the other. Prenuptial agreements cannot place restrictions on child support, child custody, or any other rights regarding children of a marriage that ends in divorce. Some states go further and prevent these arrangements from including waivers of alimony, or spousal support. Not every state has this rule, so you should consult with an experienced family law attorney in your state if you are considering this option. Pre-Marital and Post-Marital AgreementsCouples planning to get married may consider making a prenuptial agreement. This document, which is also called a premarital agreement, outlines the property owned by each of the future spouses and the property rights available for each spouse if the marriage ends. Sometimes couples will make this type of agreement after getting married, when it is called a postnuptial agreement. Many couples appreciate the financial clarity that this arrangement can provide, as a valid prenuptial agreement can reduce conflict when a marriage ends in divorce or death. If you choose not to make a prenuptial agreement, your property will be divided according to the laws of your state, which may not produce an outcome that satisfies you. Making a decision about what to do with your property beforehand allows you to avoid uncertainty and the possibility of disappointment. As a preliminary matter, it is often good to talk with your spouse and write down some of your thoughts about certain assets you own and what you would want to happen to them should your relationship dissolve. In some cases, you and your spouse may be able to write the first draft of a prenuptial agreement before consulting a lawyer. Once you have settled on an arrangement with your spouse and drafted an agreement, you should still consult with a lawyer to check that it is valid and give you any relevant advice. When deciding to prepare a prenuptial agreement, many couples may decide to retain individual counsel to ensure they fully understand what rights they may be surrendering. While hiring two sets of lawyers will increase legal fees, having your own lawyer ensures that your interests are fully protected and not compromised by any potential conflicts of interest. Before a court will enforce a prenuptial agreement, it will seek to determine whether the agreement is written, clear and fair. The court will consider many factors, including whether the parties adequately disclosed their finances, were each represented by legal counsel, and voluntarily entered into the agreement free of coercion. The court will also look at the terms of the agreement to see whether the agreement is fair, and not one-sided or unconscionable. Who Needs a Prenup?Contrary to popular opinion, prenups are not just for the rich. While prenups are often used to protect the assets of a wealthy fiancé, couples of more modest means are increasingly turning to them for their own purposes. Here are some reasons that some people want a prenup: If You Don’t Make a PrenupIf you don’t make a prenuptial agreement, your state’s laws determine who owns the property that you acquire during your marriage, as well as what happens to that property at divorce or death. (Property acquired during your marriage is known as either marital or community property, depending on your state.) State law may even have a say in what happens to some of the property you owned before you were married. Under the law, marriage is considered to be a contract between the marrying couple, and with that contract comes certain automatic property rights for each spouse. For example, in the absence of a prenup stating otherwise, a spouse usually has the right to: Making a Valid PrenupAs prenuptial agreements become more common, the law is becoming friendlier toward them. Traditionally, courts scrutinized prenups with a suspicious eye, because they almost always involved a waiver of legal and financial benefits by a less wealthy spouse and they were thought to encourage breakups. As divorce and remarriage have become more prevalent, and with more equality between the sexes, courts and legislatures are increasingly willing to uphold premarital agreements. Today, every state permits them, although a prenup that is judged unfair or otherwise fails to meet state requirements will still be set aside. However, because courts still look carefully at prenups, it is important that you negotiate and write up your agreement in a way that is clear, understandable, and legally sound. If you draft your own agreement, which we recommend, you’ll want to have separate lawyers review it and at least briefly advise you about it otherwise a court is much more likely to question its validity. How to File a Prenuptial Agreement• Prenuptial agreements were once thought to only be used by wealthy individuals. With divorce rates at an all-time high and relationships often consisting of two working individuals, all that has changed. Prenuptial agreements are now seen as a practicality and are therefore more commonplace. Creating an agreement can save both parties from undue stress, complications and lengthy court battles if a divorce comes at some point in the future. No one likes to think of divorce before the white dress has even been fitted, but considering all future possibilities is a smart move for everyone. Requirements for A Valid Prenuptial AgreementYou don’t have to visit an attorney to draft a Prenup Contract, but Prenuptial Agreements must be in writing to be legally valid. It is in your best interest to use a Prenuptial Agreements form that has been reviewed by an attorney rather than creating one completely from scratch. Many individuals utilize online Prenuptial Agreements legal forms as the basis for drafting their agreements. The agreement cannot be unreasonably unfair to one of the parties. If you are planning to get married and are considering a do it yourself prenup, it is a good idea to look at sample Prenuptial Agreements forms to get ideas about the types of information typically included in these legal documents. Prenup LawyerWhen you need a prenup 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
Can Credit Repair Remove Late Payments Real Estate Lawyer Draper Utah Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post Utah Prenuptial Agreement first appeared on Michael Anderson. via Michael Anderson https://www.ascentlawfirm.com/utah-prenuptial-agreement/ Utah Code 76-5.102.3: Offenses Against The Person- Assault And Related Offenses –Assault Against School Employees.What Must Support Personnel Do In These Circumstances?• You must write a referral, which is the formal complaint. You may also press criminal charges, but this is not required. Different Levels of AssaultIn Utah, an assault charge can range from a Misdemeanor B to a 2nd Degree Felony. Possible Penalties for an Assault Conviction: Assault: Action RequirementEven though contact is not generally necessary for an assault offense, a conviction for assault still requires a criminal “act”. The types of acts that fall into the category of assaults can vary widely, but typically an assault requires an overt or direct act that would put the reasonable person in fear for their safety. Spoken words alone will not be enough of an act to constitute an assault unless the offender backs them up with an act or actions that put the victim in reasonable fear of imminent harm. Assault: Intent RequirementIn order commit an assault an individual need only have “general intent.” What this means is that although someone can’t accidentally assault another person, it is enough to show that an offender intended the actions which make up an assault. So, if an individual acts in a way that’s considered dangerous to other people that can be enough to support assault charges, even if they didn’t intend a particular harm to a particular individual. Moreover, intent to scare or frighten another person can be enough to establish assault charges, as well. Although the statutes defining battery will vary by jurisdiction, a typical definition for battery is the intentional offensive or harmful touching of another person without their consent. Under this general definition, a battery offense requires all of the following: Battery: Intent RequirementIt may come as some surprise that a battery generally does not require any intent to harm the victim (although such intent often exists in battery cases). Instead, a person need only have an intent to contact or cause contact with an individual. Additionally if someone acts in criminally reckless or negligent manners that result in such contact, it may constitute an assault. As a result, accidentally bumping into someone, offensive as the “victim” might consider it to be, would not constitute a battery. Battery: Action RequirementThe criminal act required for battery boils down to an offensive or harmful contact. This can range anywhere from the obvious battery where a physical attack such as a punch or kick is involved, to even minimal contact in some cases. Generally, a victim doesn’t need to be injured or harmed for a battery to have occurred, so long as an offensive contact is involved. In a classic example, spitting on an individual doesn’t physically injure them, but it nonetheless can constitute offensive contact sufficient for a battery. Whether a particular contact is considered offensive is usually evaluated from the perspective of the “ordinary person.” Some jurisdictions have combined assault and battery into a single offense. Because the two offenses are so closely related and often occur together, this should probably come as no surprise. However, the basic concepts underlying the offense remain the same. What Are The Different Types Of Misdemeanor Offenses In Utah?Practically every jurisdiction makes a distinction between felony and misdemeanor crimes in criminal law. While felony status is accorded to more serious offenses, misdemeanors denote a relatively lesser offense. Some crimes can even wobble between felony and misdemeanor levels depending on the severity of the situation. Under Utah law, there are several classes of misdemeanors to cover different types of prohibited conduct. Penalties For A MisdemeanorUtah’s criminal law system sets out a maximum sentence for a misdemeanor crime. A person convicted of a misdemeanor, regardless of class, can be remanded to the county jail for a maximum time of one year. In contrast, convictions for one or more felonies can land a defendant in prison for a number of years. Courts can also impose a fine for certain misdemeanor violations. Assault Class C MisdemeanorsClass C crimes are the least serious of the misdemeanor level offenses. As example, of Class C an offense includes drinking in public or careless driving. Per law, Class C convictions can result in a jail sentence of 90 days or less. A court can also impose fines amounting to $750 or less in addition to jail time. Assault Class B MisdemeanorsIn Utah, a Class B misdemeanor is the middle ground for this level of offenses. Examples of Class B crimes include prostitution or gambling. A person convicted of this type of misdemeanor can face a maximum of six months in a county jail. He or she can also be required to pay $1,000 or less in fines. Other Types Of Assault OffensesA crime most citizens are probably most familiar with is the infraction. Most types of tickets (traffic or parking) are considered infractions. An infraction is an offense that is less serious than a misdemeanor. Infractions are also not punishable by jail time. In Utah, an infraction can be punished by a fine not exceeding $750. Some courts will also allow a defendant to complete community service to satisfy the fine. Utah Criminal Code LawyerWhen you need a criminal 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
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Salt Lake City Utah Divorce Attorney What Will I Lose In A Chapter 7? Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post Utah Criminal Code 76-5-102.3 first appeared on Michael Anderson. via Michael Anderson https://www.ascentlawfirm.com/utah-criminal-code-76-5-102-3/ Modification in family law is a document you file if you want to modify an order that has been put in place, such as a decree of divorce. It can modify anything from child custody if there is a change in the circumstances of who has the children to child support if you want to increase, decrease, or eliminate the payments to decrees that deal with property. You would file a modification of that order in the family courts and get a subsequent order with that modification as to what your wishes are. There are many kinds of judgments, decrees and orders that are modifiable in family law. Decrees and judgments entered in divorce, legal separation, nullity and paternity cases may often be modified in the future after the entry of the judgment. The types of orders that can always be modified include child custody and child support. These types of orders can always be modified because parents are not allowed to agree to “non-modifiable” orders for custody and child support under Utah law. The types of judgments and orders that can possibly be modified include spousal support and certain provisions where the court specifically “reserved jurisdiction” to make further orders or modify. Usually the parties’ divorce judgment or other order will specify whether the terms of that provision allow for modification. The types of judgments that cannot be modified include final determinations or agreements for property division. How Does A Family Law Attorney Determine Whether An Order Can Be Modified?There are two steps in the analysis to determine whether an order or decree from the family court in Riverside County can be modified, which are: Child custody: Where a child has moved onto a new school because they are year older (perhaps closer to the non-custodial parent.) How Do You Change a Child Custody Agreement?Changes may occur anytime by mutual agreement of both parents. To be legally binding, the agreement must be submitted to the court for approval. If the court does not approve the agreement, then it is not in effect and the parents are not required to follow it. Either parent may bring a motion to return to court and request a change in custody and/or visitation if there is a substantial change in circumstances that supports the parent’s claim that a change would be in the children’s best interests. If a court hears a motion for a change of custody and believes as a result that there may be a basis for the change, it may require a custody evaluation to be performed. How each parent presents their issues in the custody evaluation can be a critical part of these success or failure of the case. Circumstances Under Which Custody May Be ModifiedUnder the laws in some states, to successfully petition the court for a modification, the parent must demonstrate two things: Modifying A Child Custody or Support OrderIn most cases where the parents of a child are not in a relationship and do not live together, whether due to divorce or other circumstances, one or both parents will seek to define the support and custody arrangement for the child. In some cases the parents have an amicable relationship and can come to an agreement regarding child custody and support without court intervention. Regardless of the cordiality of the co-parent relationship, however, it is prudent for the parents to reduce the agreement to writing and file it with a court that has jurisdiction over the matter. This ensures that the terms are clearly defined and allows for the enforcement of the agreement should the relationship sour. In cases where the parents are unable to come to an agreement regarding their parental rights and obligations, either parent may file a lawsuit seeking custody or support of a child, and the court will ultimately issue an order determining custody and support. In either circumstance, it is important to include a provision that will allow for a modification of both the custody and support of the child. Modifying Child CustodyAs a child grows older circumstances change, and what may have worked best for a child or his or her parents when he or she was younger may no longer be practical or beneficial when the child is older. Situations that may necessitate a change to a child custody arrangement include a change in the school the child attends or an increase in a child’s needs due to situations such as illness or mental health or developmental issues. Additionally, if a parent is in violation of the current custody arrangement, it may be grounds for modification. Often as a child matures he or she may want to spend more time with one parent, and may ask the parent to request a modification. In some cases, a parent may have a concern regarding his or her co-parent’s ability to properly care for the child, either due to illness, increased job requirements or travel commitments, or other circumstances, and may request a modification. If the parents are unable to come to an agreement regarding a modification to the custody arrangement, they can petition the court for a modification and the court will determine whether a modification is warranted. As with all issues involving a child, the court will assess whether the modification is in the best interest of the child before deciding to grant it. Modifying Child SupportChild support orders or agreements are often modified as well. If there is a change in the custody of a child, it may precipitate a request for a change in the support agreement or order, as the amount of time each parent is required to provide for the child will have changed. As a child grows the cost of caring for him or her may change, which is also grounds for modification. For example, there may be a decrease in cost when caretakers no longer have to be paid to care for the child, or an increase due to greater costs of activities or educational expenses. Additionally, a support order or agreement may need to be modified due to a fluctuation in the income or expenses of a parent. If a parent is no longer able to meet his or her support obligation, he or she can request a modification. Similarly, if either parent receives a substantial increase in income, his or her co-parent may request an increase in the support obligation. As noted above, a court choosing whether or not to modify a support agreement will always act in the best interest of the child involved. How Do I File Contempt in My Family Law Case?If there is an order that was entered in your family law case and the other party is not following the order, you may decide to pursue a contempt hearing. This is one method that individuals use to help enforce their order. Contempt of court occurs when one person is aware of a court order and willfully ignores or violates its mandate. There are a variety of actions that may result in a finding of contempt in a family law case. For example, if one party was ordered to pay certain debts in a divorce action and has failed to do so, he or she may be found to be in contempt. In visitation or custody cases, a person may be found in contempt if he or she refused to allow visitation that was provided in the parenting plan or he or she does not return the child to the other parent at the end of visitation. Contempt may also occur if one party fails to pay child support. Penalties for Contempt of CourtA person who is found to be in contempt of court may face a variety of punishments. For example, he or she may be forced to pay a fine or face jail time. Additionally, in family law cases, the individual found in contempt may be required to take certain actions, such as returning the child to the other party or refrain from visitation. Many states differentiate between civil contempt and criminal contempt. Criminal contempt may carry a jail sentence with it. Many family law cases that find contempt only find civil contempt. This type of contempt is meant to help ensure that the violating party obeys the order in the future. An individual found in contempt of court may also be ordered to pay the other party’s attorney fees and court costs. Other possibilities include ordering a person in contempt to attend counseling sessions or a parenting class. In some cases, a finding of contempt can result in a modification of the court order, such as awarding the other parent custody of the child. For criminal contempt, the party being accused of contempt may be entitled to legal representation if he or she cannot afford an attorney and jail time is a remedy that is being sought. Typically, a person must file a motion for contempt of court. This does not create a new case. The motion is filed in the same county and court where the original order was entered. The moving party may also be required to file a declaration or affidavit with the court. The judge usually has to sign an Order to Show Cause which will list the hearing date. The moving party or lawyer for the moving party may be required to complete this order for the judge’s approval. The moving party will have to serve the defendant with the papers in accordance with the applicable state’s rules of civil procedure. This may require in-person service by a deputy from the sheriff’s department or a private process server. Both parties appear at the hearing and present their evidence and arguments. Some courts permit live testimony while others do not. The moving party has the responsibility to show that there is a valid court order in place, the other party is aware of the order, the other party willfully violated the court order and the other party had adequate notice of the contempt hearing and the violations claimed. The person who is being accused of contempt may present a defense. Common defenses to contempt of court actions are that the court order was no longer valid, the accused party did comply with the material terms of the order, the court order is ambiguous and subject to multiple interpretations or the statute of limitations for the alleged violation has passed. The accused party may present evidence to help bolster his or her case. Each party may be asked questions by the other party or his or her legal representative. The judge may also ask questions of the parties. The judge decides on the Motion for Contempt. This may occur immediately after the hearing. If so, the winning party presents a written order for the court to sign that should accurately summarize the judge’s ruling. In some cases, the judge may take the evidence and examine it. The parties may then receive a written decision from the judge on the matter. A violation of a judge’s order will usually result in a finding of civil contempt, and the party will be sanctioned. Sanctions can include: Why Do You Need to Modify Your Child Support Order?Most states have specific rules about changing a child support order. Typically, you must show a significant change in circumstances. A change in circumstances may include evidence that: What Should I Bring to a Meeting with a Child Support Modification Lawyer?It is important to bring any evidence you have to your appointment. This information will help the lawyer evaluate your claim and provide accurate advice. The lawyer may want to see: Free Initial Consultation with LawyerIt’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
Salt Lake City Utah Divorce Attorney Real Estate Investment Trust Mergers And Acquisitions Can Divorced Christian Catholics Receive Communion? Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post Utah Family Law Modifications first appeared on Michael Anderson. via Michael Anderson https://www.ascentlawfirm.com/utah-family-law-modifications/ |
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