hoyerlawfirm
Hoyer Law Firm
Hoyer Law Firm
West, 2975 Executive Pkwy #204
Lehi, UT 84043
(801)901-0797
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Is Spanking Considered Child Abuse in Utah – Divorce Attorney Casey Hoyer – Criminal Defense Lawyer
IS SPANKING CONSIDERED CHILD ABUSE IN UTAH?
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It seems like every parent has a strong opinion about spanking (also called “corporal punishment” in the parenting literature). King Solomon believed that parents who “spare[] [the] rod” will spoil the child. (Proverbs 13:24.) Other parents believe children should, instead, be reared with a fishing rod. (The Tall Pine Tree: The Life and Work of George H. Brimhall, Raymond & Esther Holbrook, 1988, p. 62.) For our purposes here, I won’t be doing a deep dive into good parenting practices. My focus will be on whether the parental discipline of spanking or, in the alternative, using an object, such as a belt, crosses the line to child abuse, or is “reasonable discipline.”
Spanking that causes physical harm or injury is considered child abuse in Utah
The court recently held that there was insufficient evidence in that record that the parents had committed abuse when they spanked their children with, e.g., a rhinestone belt, because there was no evidence of physical harm or injury resulting from the discipline. (In re State ex rel. K.T.), 424 P.3d 91 (Utah 2017). In that case, the lower Juvenile Court found that it “cannot envision a scenario where striking or hitting a child, of any age, would be appropriate or reasonable discipline.” The Juvenile Court further found that “[a]s a society we’ve progressed to the point where it’s not acceptable to strike a child and certainly strike a child, of any age, with an object, a belt, a strap, or a paddle or anything of that nature.” The appellate court disagreed, reasoning that a “per se” or automatic rule that says that, e.g., spanking a child with a belt is in and of itself abuse without any evidence of physical injury is overbroad. Nevertheless, the Court cautioned parents that in that case the State “would not have needed to forward much additional evidence” to allow the court to infer harm, such as evidence of the effects of the spanking (e.g., injury), evidence of how hard the parent used the belt, etc.
Any physical harm or injury, not just serious physical injury, resulting from spanking will constitute child abuse, even when the parent has tried every disciplinary method in their repertoire, the child has been warned, the parent is in control and not angry when they spank, e.g., a 4-year old boy’s bottom with an open hand three times, and the injury does not require medical attention. Bountiful City v. Baize, 438 P.3d 1041(Utah App. 2019). In that case, there was evidence of a yellowish bruise in the shape of finger or handprint on the child’s bottom.
What is considered reasonable spanking discipline vs. child abuse?
Whether discipline is “reasonable is a fact-dependent analysis that must take into account the various circumstances of the particular case.” K.Y. v. DCFS, 244 P.3d 399 (Utah App. 2010). The court has listed various factors that may indicate whether discipline was “reasonable,” which may include, but are not limited to: (1) whether the person spanking the child was a parent or guardian; (2) evidence of any bruising, contusions, or abrasions on the child; (3) the extent of injury inflicted; (4) evidence of unreasonably cruel punishment such as beatings with a belt, paddle, hose or other object; (5) the need for spanking; (6) the relationship between the need for spanking and the amount of spanking administered; (7) whether the spanking was administered in a good faith effort to maintain discipline or maliciously and sadistically for the very purpose of causing harm; (8) evidence of verbal threats or verbal abuse; (9) whether the incident was isolated or rather a step in an apparent progression of mistreatment. State ex rel. L.P., 981 P.2d 848 (Utah App. 1999). None of the guiding factors listed is necessarily enough on its own to establish a child was abused.
In a divorce setting, when the issue of spanking is raised, family courts usually issue an order that parents not use corporal punishment. And while the courts can find that spanking, even with a belt, is reasonable discipline if there’s no evidence of physical injury or harm, best practice to avoid legal entanglement is to avoid spanking, particularly with a, e.g., belt.
We can help defend against a protective order for spanking or in divorce and custody matters
Hoyer Law continues to handle and advice clients to help them defend themselves from Child Protective Orders brought on by spanking, or in cases in which spanking is being used as a weapon against our clients to limit their parent time with their children such as during a divorce, paternity action or custody modification action. We are here to help! Don’t hesitate to reach out to us and let us review your case. We can be reached at (801) 901-0797 or via web message here.
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CORONAVIRUS RELIEF STIMULUS CHECKS AND UTAH DIVORCES
CORONAVIRUS RELIEF STIMULUS CHECKS AND UTAH DIVORCES
Many Utah family law attorney’s offices are receiving calls from recent divorce clients asking who is entitled to the “economic impact payments” or relief stimulus checks. The problem is created because the amounts of the relief stimulus checks are based on the eligible taxpayers most recent tax filing, and many taxpayers have not filed their 2019 taxes yet because of the tax filing deadline extension to July 15, 2020 due to COVID-19. In this case, the amount of the stimulus check would be based on 2018 taxes. And, for recently divorced parties, this question was not addressed in their Divorce Decrees.
To avoid court action over the question of who is entitled to the stimulus check, which is a marital property/asset, BEST PRACTICE is to equally divide the check with the other divorced party immediately upon receiving the check. Otherwise, the benefits of the stimulus check could be eaten up in attorney fees and court costs.
Other frequently asked questions and answers:
Who is eligible for the stimulus checks in the first place?
Tax filers with adjusted gross income up to $75,000 for individuals and up to $150,000 for married couples filing joint returns will receive the full payment.
Eligible taxpayers who filed tax returns for either 2019 or 2018 will automatically receive a stimulus check of up to $1,200 for individuals or $2,400 for married couples. Parents also receive $500 for each qualifying child.
For filers with income above those amounts, the payment amount is reduced by $5 for each $100 above the $75,000/$150,000 thresholds.
Single filers with income exceeding $99,000 and $198,000 for joint filers with no children are not eligible.
When should I expect to receive the stimulus check?
The Treasury Department and the IRS announced on March 30, 2020 that the distribution of stimulus checks will begin in the next 3 weeks.
What do I need to do to receive the stimulus check?
If you filed a tax return for 2018 or 2019, you do not need to do anything. The IRS will calculate and auto-deposit your check in the bank account reflected on your most recent return.
If IRS does not have your direct deposit information, in the coming weeks Treasury is going to develop a web-based portal for taxpayers to provide their bank account information to the IRS.
If you do not typically have to file tax returns (e.g., low-income, Social Security recipients, etc.), you must file a simple tax return first to receive a stimulus check.
If you are having difficulty figuring out what to do with your tax return, and this stimulus check please give Hoyer Law a call and set up a consultation. We can help you!
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COVID-19 JOB LOSS AND UTAH CHILD SUPPORT
COVID-19 JOB LOSS AND UTAH CHILD SUPPORT
Many people have been the victims of job loss due the coronavirus pandemic. Businesses are scrambling to meet payroll and avoid permanently shutting down, resulting in layoffs and downsizing. Some of these Utah employees are court-obligated to pay child support payments. The question they’re asking is: what do I do if I can’t pay the amount of support ordered in my Divorce Decree to the custodial parent?
What if I can’t make my child support payment due to COVID19?
BEST PRACTICE ADVICE is to make what the Utah courts call “good faith support payments” in some amount. This amount may be as little as 10% of the original support payment.
If a custodial parent (i.e., the parent receiving child support) files what’s called a Motion for Order to Show Cause in Court to enforce past due support payments (called “arrearages”), the Court would expect that the child support obligor/payor (i.e, the non-custodial parent who owes support) has been doing some or all of the following:
Reducing household expenses (e.g., turning off non-essential services like cable, not eating out at restaurants, etc.).
Applying for state or church assistance benefits, including Unemployment Insurance as available.
Actively searching for replacement work.
Making a “good faith support payment” of some kind, which is earmarked for the child, not the custodial parent.
After returning to work, arranging to pay some amount of make-up payments each month in addition to the base support payment until they are current on support.
A party who violates a lawful court order (e.g., child support order) is in contempt of Court. To be found in contempt, the custodial parent must prove that the child support obligor/payor: (1) knew that they had to pay child support; (2) had the ability to pay support; and (3) intentionally failed or refused to pay support. It’s generally not a hard case to make. If the custodial parent is collecting support payments through the Utah Office of Recovery Services (ORS), the ORS can provide a statement showing past due payments.
Making good faith child support payments could save you from court sanctions
The child support obligor/payor can bring a defense of “inability to comply.” But, to establish this defense, they must show that they “exercised due diligence toward compliance.” Proof of “due diligence” includes, e.g., “good faith support payments” of some amount, etc. In that case, the Court would still find the non-complying party in contempt, but it would not immediately issue sanctions (e.g., attorney fees, etc.). Instead, the Court allows that party to “purge” the contempt by, e.g., “making good faith support payments” etc. until they can pay support at original levels. The court would likely also order that the non-custodial parent be actively searching for work, etc. The court typically schedules another Review Hearing to check on the status of their job searches, good faith support payments, etc.
If you are struggling to know how to handle the current situation and your inability to pay child support, or if you have been summoned to court due lack of child support payments we can help you! Call Hoyer Law for a consultation today.
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COVID-19 AND UTAH PARENT-TIME SCHEDULES
COVID-19 AND UTAH PARENT-TIME SCHEDULES
The COVID-19 pandemic has generated a lot of questions for divorced parents who must follow Court-ordered parent-time schedules in Divorce Decrees. This article is an attempt to give these parents CURRENT BEST PRACTICE ADVICE to avoid violating court orders and to ensure the health and safety of the children.
UTAH GOVERNOR’S DIRECTIVE AND PARENT TIME EXCHANGES
Utah Governor Herbert recently issued a “Stay Safe, Stay Home” directive to state residents. Section 2(c) of that directive is directly applicable to divorced parents. It expressly permits parents to “transport a child according to existing parent-time schedules…”
UTAH COURTS FAQS: PARENT TIME DURING COVID19 PANDEMIC
A few courts have also attempted to answer frequently asked questions about this issue for the benefit of parents and family law attorneys. They have discussed various scenarios. While there are some situations that will require handling on a “case-by-case basis,” the following guidelines should govern in the absence of health care directives for specific persons:
There should be NO deviation from the regular parent-time schedule UNLESS a child or someone in the child’s home tests positive for the corona virus.
If there’s a positive test, the following guidelines apply:
1) The parent in the home in which a child or someone in the home has tested positive should provide documentation of the positive test to the other parent within 24 hours;
2) Parent-time should be suspended for two (2) weeks;
3) The other parent should have 30 minutes of virtual parent-time (e.g., Facetime) each day; and
4)
The missed parent-time should be made-up during the Summer Break.
The courts have issued a warning that if parents attempt to take improper advantage of the pandemic, it could result in appropriate sanctions (e.g., attorney fees, additional make-up parent-time, etc.) at a later hearing.
If you are struggling to come to an arrangement with your ex-spouse about parent time call your attorney at Hoyer Law to schedule a consultation.
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You could be facing domestic violence charges and not know it
You could be facing domestic violence charges and not know it
What is Domestic Violence?
The term “domestic violence” includes, but is not limited to, physical violence. Domestic violence can also be directed at any cohabitant, and not only a spouse or partner. In Utah, any crime that involves a cohabitant can fall under domestic violence, including assault, destruction of property, and emotional threats.
You May Be in Trouble
Many people who are charged with domestic violence think that the situation will resolve itself, especially if they subjectively believe that they are innocent. Several circumstances may have you believe that everything is under control and that you don’t need legal advice and representation.
For example, you may have only threatened a cohabitant or made an unsuccessful attempt to assault someone in your home, say, by throwing an object at them, and you may have even missed. Another common occurrence is if the person that called the police, for example, a spouse, sibling, partner, roommate, or child promises to ask the prosecution to drop the charge of domestic violence.
Another reason an accused may be relaxed about their situation is if they know they did nothing wrong. You may have had a non-aggressive verbal altercation, or the person that reported you to the police may want to make your life difficult. Your spouse or partner may also mistakenly believe that you will do them bodily harm and call the police out of fear.
If you are being investigated for domestic violence, you are in trouble, and you should contact a reputable and experienced lawyer immediately.
Why You Need Legal Representation in Domestic Violence Cases
When you are notified that you are being investigated for domestic violence, the first thing you should do is to prioritize the investigation and seek immediate and expert legal advice and representation.
Firstly, the prosecution will actively pursue charges against you in an attempt to secure a criminal conviction and penalties. It’s not the prosecution’s job to make sure that your interests and rights as an accused are respected.
Also, your actions may constitute a form of domestic violence, even if your intention was not to cause harm to a cohabitant or if you didn’t resort to physical violence. A threat or unsuccessful attempt to cause harm to someone is often enough for a court to convict you of domestic violence.
Another reason you should seek immediate legal help is that a victim does not have the power to stop an investigation. If the prosecution believes that there may be a case against you, they will proceed with charges and compel your partner, spouse or cohabitant to testify against you, even if they intended to have the investigation dropped.
Criminal and Civil Charges
When you are charged with domestic abuse, your accuser may file a civil suit against you as well. They may want to obtain a protective order against you or submit a claim for hospital fees, emotional trauma, or any other costs that they incurred as a result of your alleged conduct.
As a result, you may have to defend yourself against a criminal charge as well as a civil claim or court application.
If a criminal or civil case against you is successful, it can have a far-reaching impact on your life. You may have problems with your career, social status, and child custody disputes in the case of a divorce.
Your rights and interests may also be limited as the result of a domestic violence conviction. For example, you may lose the right to carry a gun, you may have difficulty applying for a professional license, or you may have trouble filing specific legal applications.
Domestic Violence Defense Attorney in Utah
Hoyer Law’s reputable domestic violence attorney has an excellent track record as well as extensive experience in defending clients who are charged with domestic violence.
When you contact Hoyer Law, we will provide you with extensive legal advice and represent you throughout the investigation and legal proceedings to ensure that you don’t do or say anything that can be detrimental to your case.
As part of our legal defense service, we will also consult extensively with you to ensure that you know exactly what is going on with the investigation against you and to explain the different options that are available to you. We will also recommend the most suitable course of action for you to strengthen your case and to increase your chances of a successful outcome.
If you are being investigated or charged with domestic violence in the state of Utah, contact Hoyer Law today to schedule an initial consultation.
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6 WAYS TO PREVENT DRUNK DRIVING CHARGES
6 WAYS TO PREVENT DRUNK DRIVING CHARGES
There is no better way to avoid having to hire a Utah DUI attorney than doing everything that you can to avoid drunk driving. Surely, there is nothing wrong about social drinking, so long as it is in moderation and if you should decide to drink a little more than you should, you should always make it a point not to drive at all afterward.
Driving while under the influence of an intoxicating liquor will not only put you at risk, it can also put the lives of other people on the line. No matter how much you think you are in control of your faculties after a fun night out with your friends, the chances of you getting in an accident or receiving a traffic violation is still a great possibility. If this happens, you will want to find yourself a good drunk driving lawyer in UT who can help you navigate the system in a way that minimizes the blow back from such an undesired incident.
Here are 6 ways to prevent drunk driving:
Draw the line. If you know that you need to drive yourself home after a night of drinking, know your limits and do not go beyond it. Make every effort to remain sober and refuse refills if you know you have reached your limit.
Pace yourself. You have to make an intentional effort to drink according to your pace and not according to that which your friends demand. Having your limits in mind, keep a slow pace and engage in fun conversations instead, so that you are not tempted to drink more than you should.
Neutralize your alcohol intake by taking water in between drinks. It is easy to get carried away most especially when you are having fun. However, being wise about your alcohol intake, especially if you are driving yourself home, is more advisable than having the time of your life that you end up regretting later on. Take a few gulps of water each time to finish a drink to dilute your alcohol intake.
Eat a good meal before drinking. Taking alcoholic drinks on an empty stomach will get you drunk faster than when you are full. Make sure to have something inside your stomach before you start consuming alcohol.
Let a friend drive you home, call a cab, or get an Uber. If, for some reason, you fail to abide by your drinking limits for the night, do not be foolish attempt to drive yourself home. Have the practical sense to call a cab or ask someone from your group to drive you home. It is always better to be safe than sorry when it comes to drinking and driving.
Purchase your drinks while you are sober. Should you decide ahead of time that you will hold a party, buy your drinks in advance and stick to the limit you gave yourself. If you run out of drinks in the middle of a party, chances are, you will hop into your car to get some more. Bad things can happen on your way to the store or from it if you have already started drinking too much.
Remember, drunk driving is highly preventable. The key is in your hands. Should you find yourself in need of a UT DUI lawyer, get in touch with Hoyer Law Firm right away. Our website is https://www.attorneylehiutah.com/.
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HOW DO I HELP MY KIDS ADJUST AFTER DIVORCE?
HOW DO I HELP MY KIDS ADJUST AFTER DIVORCE?
I find that most individuals with children that come to see us about a divorce have spent a long time weighing the choices before them because of their kids. Responsible married parents worry about the consequences of divorce on their children. Will their kids adjust after divorce? Will they be troubled teens? Can they grow up to be successful, productive adults and members of society? When the time comes, will they be able to engage in their own long-term relationships?
These are reasonable fears, and divorce is definitely a choice that needs to be grounded in absolute need, and not mere wants.
The reality is that for many marriages divorce is the only option. Having seen many, many divorces come through my office, I have observed that there are certain behaviors which are almost guaranteed to help children adjust after divorce and thrive as children and later on adults.
FIVE PRINCIPLES FOR WELL ADJUSTED CHILDREN AFTER DIVORCE
Eliminate conflict between ex-spouses. Conflict between parents, especially after divorce, is extremely harmful to a child’s sense of safety, belonging and inner peace. Experiencing cordial communication between their parents helps children feel grounded and more easily adjust to the new living schedule. Not only that, but they learn that they can respect others despite different opinions.
Provide stability. It may be tempting to focus a lot of your attention on dating or a new career after divorce. But the fact remains that you are no longer a lone person, you are first and foremost a parent. Providing stable schedules, normal activities, traditional meals and a clean, tidy home will go a long way towards helping your children feel like they still have a home and parents that are invested in them.
Establish the same rules at both homes. Children are clever. They can spot a discrepancy from a mile away. If you and your ex-spouse have different rules for each home you face the certainty that kids will take advantage of the inconsistency and play both sides to their advantage. Creating similar rules in each home tells the kids that they are loved and that you still expect them to live by certain rules and boundaries. They will be unable to run from one parent to the other to get a different answer.
Be complementary of the other parent, and nothing else. Children identify with both parents, even if they don’t freely admit it. When you choose to demean or criticize your ex-spouse with your kids, or in their presence, they feel the criticism deeply, feel demeaned themselves, and become defensive of the other parent. Find a support group to hear you out and blow some steam, and make sure that you only speak positively about the children’s other parent in their presence. Trying to get the children to take sides by being critical of their other parents will never work.
Work on yourself. Neither spouse is perfect nor (most of the time) faultless in a divorce. We all have something to work on. Getting yourself into some counseling to help you with the destabilization of your own life due to the divorce can only help in becoming a stable, supportive, single parent. Take time to iron out the kinks in yourself and watch how you are better able to handle this new life, full of challenges and possibilities. Working on your own shortcomings will show your children that it is okay to admit when we are wrong and to change.
DIVORCE IS NOT A SENTENCE FOR KIDS
These basic principles, among others, can help you and your children adjust to divorce and continue on with life in a new way. Parents that establish mutual respect and good co-parenting practices can find safety and stability for their children despite of divorce.
PICK A PARENTING PLAN THAT WORKS FOR YOU IN UTAH
Choosing a parenting plan that works for both parents and is in the best interest of the kids is key in establishing a stable and safe co-parenting routine. At Hoyer Law we are fully invested in putting the children first. A divorce and custody attorney can help you design a custom parenting plan that is fully spelled out to limit conflict, and one that abides by Utah divorce laws. Please call our office if you are considering a divorce. We are proponents of compassionate yet aggressive representation, and of watching out for the best interest of your children.
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Don’t Represent Yourself, Call a DUI Attorney
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Why you shouldn’t represent yourself in a DUI case
If you are facing DUI charges you must quickly employ the services of a DUI lawyer. DUI is the acronym for drinking under the influence. It can be under the influence of alcohol, prescription drugs or illegal drugs. As a leading Utah DUI attorney, we understand the complexities of the situation and what we can do to help you walk away from the charges. Most people tend to let the potential expense of hiring a lawyer to deter them from acquiring one which opens them up to the full force of the law.
While the court will allow you to defend yourself in a DUI case if you so wish, you are also encouraged to seek legal representation when the police officer reads you your Miranda rights. A lawyer will help you navigate through the complicated legal processes of the court’s system and better protect your constitutional rights. There are several technicalities in a DUI case that can be called into question during your defense but they can be done best by someone who understands the law in relation to them. This person is the DUI lawyer.
Matters like violation of your fourth amendment rights, illegal searches, blood alcohol concentration, and application of field tests are well known to DUI lawyers who can easily use them to secure your acquittal. Apart from the above, there are motions to file, looking for legal precedent to support your arguments and making a good enough case to compel a judge to refuse certain bits of evidence.
We, at Hoyer Law Firm, are committed to providing exemplary services in Utah. In addition to being reliable DUI lawyers, we are also family law attorney and divorce lawyers in Utah. Let us take care of your defense and you will get the best representation possible in Utah!
Call us at 801-901-0797 for more information.
Hoyer Law Firm
West, 2975 Executive Pkwy #204
Lehi, UT 84043
(801) 901-0797
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What to know about DUIs
What You Need To Know About Utah’s DUI Reduction Limit
Anyone who has amassed many decades of solid driving experience would know that the blood-alcohol content (BAC) threshold for drunk driving arrests stood at 0.10 or went even higher in certain states: up to 0.15. At the turn of the millennium, federal legislation put forward a proposal that will stop highway funding from being channeled to states that refused to adopt a limit of 0.08 BAC when it comes to the legal threshold for DUI arrests, and this indirectly resulted in a nationwide DUI limit of 0.08. As many people are now familiar with this figure for close to two decades, the state of Utah has gone one up on the matter by reducing the state BAC threshold to 0.05.
This means Utah has the lowest BAC threshold in the country, and interestingly enough, the BAC limit is applicable to those who are driving as well as folks who happen to have a dangerous weapon with them. This translates to the possibility of arrest and being incarcerated should you be pulled over while driving or having a concealed weapon found on you as long as you have been tested to pass the 0.05 BAC threshold. With this change to DUI laws in Utah, many are seeking the legal guidance of a UT attorney.
Existing DUI laws in Utah
Utah has long held a reputation of being stricter than other states in the west of the US when it comes to alcohol-related offenses. Apart from that, Utah has also flexed its muscles over the issue of liquor supply, giving permission only for low-alcohol beer (3.2% alcohol content) to be sold in grocery stores. Only state-run liquor stores are allowed to sell liquor, wine and craft beer.
Utah’s governor signed into law House Bill 155 recently as a step in reducing the number of intoxication-related deaths. This would see the intoxication limit drop to 0.05, affecting those who are driving or carrying a dangerous weapon. If it is of any consolation, this particular law will only come into effect on December 30, 2018, offering some wiggle room for any amendments should lobbying groups or constituents decide to object its implementation.
Why change the DUI limit?
With a 0.05 BAC threshold, this would be the very first of such an instance in the US, and it also leads the effort by the National Transportation Safety Board to reduce the number of alcohol-related driving fatalities in the country by adopting a lower DUI limit. The reason for including the weapon possession component within the same law would be to further lower the number of gun fatalities, where alcohol is seen to be a contributing factor. Gun control advocates would be happy with such an inclusion though.
While a person’s size, gender and level of alcohol tolerance will dictate the amount of alcohol consumed required to arrive at the 0.05 BAC threshold, most of the time drinking a single beer or glass of wine would easily place the average drinker above the cutoff level.
If you are looking for an Utah DUI lawyer, we at Hoyer Law Firm are able to help. We know that securing one’s release from jail as soon as possible is crucial after being hit by a DUI charge. We have vast experience in handling any DUI situation, ranging from the first offense to a felony DUI charge. Having handled thousands of DUI hearings over the years, we always try to do our level best in fighting to keep our client’s license while reducing or dismissing the charges.
Hoyer Law Firm
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Lehi, UT 84043
(801) 901-0797
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Family Law Attorney Utah
5 Qualities to Look for Divorce and Child Custody Lawyers in Utah
Divorce is already traumatic to couples and their children who are undergoing divorce. If that is not enough, it becomes even more traumatic after hearing the court horror stories other couples experience. However, a professional and experienced divorce lawyer in Utah can ease the situation making the troubled journey more manageable for the couple and their children. If you’re still looking for a lawyer who handles divorce cases and child custody rights in Utah, here are the five qualities you must consider:
Seasoned Lawyers
Experienced attorneys can help you win the case. They can analyze your case well and know how to win it. Why pay a lot of money on someone if you’ll only lose your case? Checking your lawyer’s portfolio can help you identify the best.
Friendly Lawyers
When finding an attorney, friendliness is one of the qualities that you must check. A friendly attorney allows you to feel comfortable even you’re dealing with a difficult situation. They will make you feel as if you’re talking to a friend who’s willing to help you in your journey.
Reliable Support
Unprofessional lawyers are rarely prepared in their meetings and they rarely return your calls. They tell you that they care but they can be pretending. You will know an unprofessional lawyer by observing how he conducts business with you during the initial meeting. If this happens, look for another lawyer because you need someone who is reliable during this time of your life.
Seamless Process
Dealing with court procedures is a roller coaster ride. It brings you to the situations you never thought would happen. Experienced attorneys have created a system that makes the process seamless and smooth. This can lessen the struggles you’ll experience along the way.
Well-Respected in the Court
When finding a lawyer, check what clients and his colleagues say about him. Ask for advice and recommendations from friends or family who already had a similar experience like you. Lawyers who are well-respected in the court receive compliments from their clients. They also know how to handle child custody cases. So, if you hear bad reviews from a lawyer, don’t even bother booking for an appointment.
Hoyer Law Firm
West, 2975 Executive Pkwy #204
Lehi, UT 84043
(801) 901-0797
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Professional Family Law Attorney Of Lehi, UT
The top five reasons that you need to hire a professional family law attorney when faced with a custody battle
Going through divorce proceedings is sometimes a bitter reality of the life. This matter becomes more painful when you go to through a child custody battle with each other. As a parent in this kind of panic situation you really need to hire a professional family law attorney in Utah. There are several reasons to hire professional divorce lawyers in Utah because professional divorce lawyers set the tone of the custody battle.
The ultimate objective of the custody hearing is to make a decision that is in the best interest of the child. Let’s see the top 5 reasons that explain why you should hire a professional family law attorney in Utah.
Avoid the Costly Mistake
We know that custody battle puts the parents in extreme stress and they are not able to make a perfect decision. They are not able to think clearly. Hence, an experienced Utah Divorce Attorney is mandatory to make the flawless decisions on your behalf. A wrong decision can be very costly and can be fatal in the best interest of your child.
Mental Satisfaction
When you hire a professional Utah Custody Attorney, you have the peace of mind knowing that your case is in safe and experienced hands. On the other hand, if you hire a generic attorney, you always feel some doubt and you could become more stressed.
Avoid Delays
As we know that filing a suit requires many documents. Most of the time, it has been seen that inexperienced attorneys fill forms wrongly and it causes delays. However, if you hire a professional Utah family lawyer, you can save the unusual delays.
Present Your Case Clearly
If you hire an experienced divorce lawyer in Utah, it is for sure that your case will be presented clearly. An experienced divorce lawyer will file clear points that will be in the best interest of your child.The court will consider those points that are in the best interest of the child. As a result, your case will be stronger.
Complexity of the Case
An expert Utah Custody Attorney will assess the complexity of your case. For instance, an interstate custody case is more complex because it includes two states. The grounds that you make for the case will have a great impact on the outcome. Therefore, you must hire a proficient family attorney.
All in all, if you are going through a custody battle in Utah, then you must hire a qualified Family Law Attorney in Utah so that you can save time and more importantly, get some peace of mind during an extremely stressful phase of your life.
Hoyer Law Firm
West, 2975 Executive Pkwy #204
Lehi, UT 84043
(801) 901-0797
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DUI Attorney Professionals Of Utah
The Benefits of Hiring an Experienced DUI Lawyer
DUI or Driving Under the Influence is a criminal offense that involves driving under the influence of any alcoholic drink, whether or not it affects your mental state you can still be arrested. And, if ever you live in the state of Utah or somewhere just within the state when you have a blood alcohol content of .08 percent or more, even if the alcohol didn’t impair your senses in any way, you will still be labeled as an “impaired driver”. That’s why hiring an Experienced DUI lawyer is not such a bad choice, especially if you know nothing about motor vehicle laws.
Consequences of Driving Under The Influence
Getting caught under the influence is no joke, there are several consequences that could happen to you if you’re careless enough to drink while driving. To start, here are some scenarios that could happen to you when you get caught:
The officer will require you to take a chemical test, at this point never turn down a chemical test because you are mandated by law to surrender to a chemical test to determine the alcohol content of your blood.
The state officer may issue an Order of Suspension and Temporary License and is mandated by law to immediately forward a copy of the notice of suspension or revocation form, this means that you have a maximum of 30 days to drive before a scheduled hearing for the suspension of your license.
The officer may confiscate your driver’s license
Hiring an Experienced Utah DUI attorney
Now that you have a bit of knowledge on what happens when you get caught for DUI, you now need to act fast if you don’t want to get convicted of DUI. By hiring an experienced lawyer, you’ll have a better chance of avoiding the suspension of your driver’s license and even a better chance of reducing your criminal charges. Your lawyer can set-up affirmative defenses such as Involuntary Intoxication, Doctrine of Duress and Doctrine of Necessity or “choice of evils’” defense, your attorney can also set-up other defenses, like Unlawful Stop/Arrest, Accuracy/Administration of Intoxilyzer Machine and Accuracy/Administration of Field Sobriety Tests (FSTs). Your lawyer will know what’s best for you, just be honest enough and tell him what really happened and he’ll help you every step of the way.
Know where to Find the Best DUI Lawyers
It’s a fundamental rule that you need to know what your possible defenses are under the Utah DUI laws before heading to a hearing. Do not underestimate the punishments and penalties for a DUI because it can be severe and a life altering the experience. If you’re looking to find the best DUI lawyers in the field, I suggest you look for Hoyer Law Firm at West, 2975 Executive Pkwy #204
Lehi, UT 84043 or call them at (801) 901-0797. To know more about the Hoyer Law Firm, you can check out their website at http://ift.tt/2cZhuZp.
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The Top Family Law Attorney In Utah
Five Reasons To Hire A Family Attorney
There are many cases that may have to involve a Family Law Attorney, including divorce, child support, child custody, and alimony. While legal representation is the best way to win cases in family disputes, only a few really see the benefits that this may bring to the table. Finding a family attorney in Utah shouldn’t have to be a hassle, here are just a few reasons why one should think about hiring a family attorney:
Proper Education On Family Law
Before any lawyer practicing family law is certified and licensed by the Utah State Bar, they first have to undergo years of college education and internships. This education will serve as the foundation for which the lawyer will be able to help you with your legal woes. They will be able to offer you options and make alternative routes for resolution.
Experience With Various Legal Challenges
A Family Law Attorney in Utah is helpful as their experience will prove valuable in your case. A Family Law Attorney will be able to predict possible scenarios that may happen. This will enable him/her to track a potential course of action should this really happen so that your desired outcome will still be achieved.
Knowledge of Proper Paperwork and Court Procedures
The court process is a complicated one and you need someone who is going to be able to work through this maze and still be able to defend you successfully in court. Thankfully, a Family Law Attorney in Utah is usually already experienced when it comes to doing this.
Legal Protection
To be able to defend you successfully in court, a Family Law Attorney should have sufficient knowledge regarding laws to be able to protect your rights. In lawsuits involving family members, there’s always a risk, including your child being transferred to child protection agency or losing custody of your child. A Family Law Attorney will be your first line of protection from these circumstances.
Objective Opinion
There is a misconception that lawyers have to be subservient to you when they are helping you on your case. That, however, is not the case. In fact, after hiring a Family Law Attorney, objectivity since they are not a party involved in the dispute they can approach the case without the emotions that usually affect the success of a prosecution or defense stance.
If you happen to get involved in a family dispute such as divorce, do not hesitate to hire a family attorney. A Family Law Attorney in Utah like Hoyer Law Firm has all these attributes to increase your chances of winning a case in court. Pay a visit at their office located at West, 2975 Executive Pkwy #204 Lehi, UT 84043 or call them through the numbers (801) 901-0797. For more details, visit http://ift.tt/2cZhuZp.
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Professional Family Law Atternies
Ways to Find the Best Family Lawyer
At some point in our lives, we would need a certain lawyer, should the need arises. Whether it be criminal defense, personal injury or family matters, an attorney will always be necessary to call for such problems. There are a lot of attorneys for you to ask assistance but not all can give you a good representation. It is important to have the best attorney to assist your legal needs for you to be sure you maximize your chances of winning in court. If you ever come to a point that you need a lawyer, specifically a family lawyer, then check out these simple ways on finding the one to provide the best family law services for you.
Consider your location
There are a lot of law firms and offices for you to check out or even browse online. Some good lawyers are near your doorstep while others do take some effort to reach. In any case, you should find a lawyer whom you can meet immediately and easily. A lawyer who is always out of reach may seem an inefficient lawyer for no constant communication is held with its client. A lot of good lawyers may be in your town or nearby, you just have to be keen in looking.
Carry out a background check
Even if a lawyer is nearby they may not have a lot of experience or enough skill in the field, just because they’re close by doesn’t make them the best. You need to find a lawyer that is first and foremost experienced in the field of your concern. It’s good to check online and get some background on available lawyers, but asking friends and family can always help and give you a better idea of the type of lawyer or services you need. Knowing someone who has experience with finding a lawyer can make your search for a good lawyer less stressful and quicker, since no one wants to be in over their heads. You should also look out for fraud lawyers and law firms. If the firm is in any way suspicious you may want to look elsewhere rather then risking your money. You don’t want to be spending your money on good-for-nothing people.
Know his expertise
A lawyer with specialization is always more preferred when it comes to cases regarding family matters. A Utah lawyer specializing in alimony and separation is usually common since the number of couples filing for divorce is rising continuously. Family is a big part of our lives and surely no one wants to create a bigger problem then what your situation already is just because they hired the wrong lawyer for their case. Finding someone who is a veteran to the field you’re looking for is always preferred over an amateur who may have only been in the field for a year or so. A good divorce attorney must have held various cases with different divorce grounds. With that, he is able to handle your case whatever your reason is.
Check for financial status
As much as you want to have the best lawyer represent you in court, if that particular lawyer requires high compensation you cannot afford they you may want to look elsewhere. Although you want to win your case and leave the court room with all your terms met, you probably don’t want to leave with empty pockets or no money and nothing gained if you don’t end up winning your case. Fraud lawyers tend to take advantage of their clients financially which leads them to have questionable wealth over a short span of time. These kinds of lawyers are only after the money and will do no good to you. One of the key parts of going to court for anything is to make it affordable to you before and after your court date.
Finding the best family lawyer requires not only patience if you want the best, but time and effort put into the search so you don’t end up in a sticky situation. For you to maximize looking for an attorney fit to handle your case, take advantage of free consultations and then narrow down your list according to your choice. You are guaranteed to end up with a better lawyer that you put time into finding rather than one you simply picked to get your court date out of the way when its all over.
Hoyer Law Firm
West, 2975 Executive Pkwy #204
Lehi, UT (84043)
(801) 901-0797
Check us out on social media:
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from Utah Family Law, DUI Lawyer and Divorce | Hoyer Law Firm http://ift.tt/2mq9Ija
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Utah Drinking and Driving Laws
If you’ve ever been charged with Driving Under the Influence of alcohol, drugs or a combination (“DUI”) in Utah, it’s something you never want to experience again. If you haven’t been charged with a DUI, it’s something you want to avoid at all costs. Fully understanding Utah drinking and driving laws will help you avoid making the mistakes that lead to a conviction for DUI, and more importantly, the terrible consequences that can result from a DUI conviction.
What is the legal limit in Utah?
The allowed blood alcohol content (BAC) level while driving a vehicle in Utah is .08 percent. That .08 percent BAC is also the standard limit used throughout the United States. Drivers with commercial driving licenses (CDL) are more strictly regulated in Utah, as they cannot exceed a BAC limit of .04 percent. Also, for drivers under the age of 21, driving with a BAC over zero percent is against the law.
Does a DUI only involve alcohol?
A DUI charge isn’t limited to alcohol-impairment. Other illegal and legal controlled substances that impair the mind and/or body can warrant a DUI charge, even prescribed medications and marijuana.
How many drinks can you have before reaching the BAC limit?
It’s not easy to calculate the number of drinks needed to reach the legal limit. Every person is different and have attributes and traits that affect the alcohol’s absorption rate and, thus, impact an individual’s BAC (e.g., weight, gender, muscle to fat quotient or body mass index, the amount of food in your stomach, type of mixer, i.e., fruit juice and water versus carbonated beverages, how fast the alcoholic drinks were consumed, etc.). You can use various online charts, formulas and calculators, but these unreliable “short-cuts” to calculate BAC are often inaccurate. If you’re ever in doubt about whether you’ve exceeded the BAC limit, it’s better to be safe than sorry. Use a designated driver, call a family member or friend, hire an Uber driver, etc.
What kind of penalties are there for getting a DUI in Utah?
As is the case with any charge, a first-time offender will generally receive a lesser punishment than a repeat offender. When you are convicted of a DUI the first time in Utah, you will face a minimum of 48 hours in jail. In addition, you will also receive a fine of at least $1,400 and be suspended from driving for 120 days. (If you refused a breath, blood or urine test, your license will be revoked for 18 months on a first DUI.) In some cases, a court will permit community service to replace jail time (and sometimes even credit fines) or even go as far as allowing a home and/or work release electronic ankle monitoring program. Additionally, you will most likely be required to participate in a drug and/or alcohol evaluation/screening, which may recommend treatment to determine if you have a substance abuse problem.
For each additional DUI conviction within a ten-year period, the administrative license sanctions and criminal penalties increase. If you are convicted a second time of a DUI in Utah within 10 years of the first conviction, there will be a higher minimum fine, a recommended jail sentence of at least 240 hours (or 10 days) as set by statute, a requirement to use an expensive ignition interlock device (mini-, portable breathalyzer) to start your vehicle, costly supervised probation, etc. And, instead of a 120 day suspended license, your license will be suspended for at least two years (or 36 months for a refusal).
For a third DUI in 10 years, you will be facing a third degree Felony charge, a minimum of 1,500 hours (or 62.5 days) in jail, etc.
If you’ve been charged with a Utah DUI and looking for a Utah County DUI attorney, Casey Hoyer with Hoyer Law Firm PC should be your first call. Call us at 801-901-0797 to schedule a free consultation.
from Utah Family Law, DUI Lawyer and Divorce | Hoyer Law Firm http://www.attorneylehiutah.com/utah-drinking-and-driving-laws/
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Utah Prenup Laws
What You Should Know About a Prenup in Utah
Matrimony is considered by many to be the ultimate step of a romantic relationship. However, statistically speaking, the chances of a first marriage failing is close to 50 percent. Bringing up the idea of a prenuptial agreement or “prenup” before marriage can be uncomfortable and difficult, but in the event of a divorce and under certain circumstances, it can drastically lessen the stress, headache, and legal fees that come with the division of property and assets.
Imagine this scenario. You are married for the first time after establishing a successful business. You managed to put a substantial amount of money away in the bank and in investments. The accounts are in your name only. After marriage, you continue to deposit earnings into those accounts, which you had opened prior to the marriage, and into joint bank accounts with your spouse. Your spouse also takes an active role in helping you run your business. Unfortunately, your marriage deteriorates and you decide to file for divorce. Your lawyer then advises you that the funds in your pre-marital accounts and the interest in your business could be deemed marital property and subject to distribution to your spouse upon divorce.
“Transmutation” can occur when separate property is commingled with marital property, such as in the example above. It is presumed in those instances that you intended to transform the character of the property from separate to marital property. The longer your marriage, the more likely a court will view the separate property as marital.
What is a Prenuptial Agreement?
Under the Utah Uniform Premarital Agreement Act, a prenuptial agreement, or premarital agreement, is “an agreement between prospective spouses that is made in contemplation of marriage and that is effective on marriage.” In Utah, a prenuptial agreement is required to be in writing and signed by both parties. It is enforceable without anything being exchanged in consideration for the contract.
Upon divorce, a judge will rule any prenup unenforceable if the other spouse against whom it is being enforced proves that they did not enter into the agreement voluntarily, or that the agreement was fraudulent (e.g., the other spouse was not provided a reasonable disclosure of all of the property).
Under Utah law, a prenup may not control or direct the award of child support upon divorce for the children of the parties. Spousal support (or alimony) may be modified or eliminated in a prenuptial agreement, but the courts will give those provisions greater scrutiny and may still order alimony if enforcement of the agreement will result in the other spouse being dependent on public welfare assistance. If a prenup blatantly favors one spouse over the other, a judge may void the agreement altogether or only enforce parts of it.
What are the benefits of entering into a prenup?
A prenuptial agreement provides protection and predictability down the road to both spouses if they decide to go their separate ways and file for divorce. The drafting of a prenup will also ensure the division of property will not be left up to the state.
Should I make a prenup?
Many people do not get prenuptial agreements, as it’s not for everyone. In the case of a young couple where both parties are going into their first marriage with little to no assets, a pre-nup will likely be unnecessary. If any of the following scenarios pertains to you, a pre-nup may be in your best interest:
● One of you will soon begin a lucrative career
● One of you is considerably wealthier than the other
● Either you or your prospective spouse has children or other dependents that need to be cared for
● One of you is going to soon obtain a large sum of money (e.g., inheritance, stocks, etc.)
● Either you or your prospective spouse owns a business
How long is a Prenuptial Agreement valid?
Prenups are generally structured to be permanent, but are easy to revoke if both parties feel there is no longer a need for it. Under Utah law, if a married couple wants to amend or revoke their prenuptial agreement, they must do it by written agreement signed by both parties. A couple can also include a “sunset clause” as part of their prenup that places an expiration date on the agreed-upon terms.
Are there postnuptial agreements after marriage
Couples who are already married and regret not having filed a pre-nup can still obtain the same financial security by filing a Postnuptial Agreement or “post-nup.” If you live in Utah and are thinking about entering a pre-nup, or are currently married and want to create a post-nup, a Utah family lawyer can help.
Casey Hoyer with Hoyer Law Firm has been assisting couples with prenuptial and postnuptial agreements since 2003, offering his expertise and guidance with your best interest in mind. Call us today at 801-901-0797 to schedule a free consultation.
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