Legal Question in Family Law in Utah
I live with my wife and children. My wife and I are separating. She claims that she can get a protective order based on a crime that I committed November of 2010. Can she get a protective order based on something that happened so long ago? If it matters, the crime that I committed was that I threw her phone at the wall when I found that she was cheating on me. I also grabbed her by the jacket. The charges I received were: DV assault, DV in presence of a minor, & criminal mischief. The court dropped all charges to one: Disorderly Conduct. But once again, can she get a protective order now that it has been 2.5 years since the incident?
2 Answers from Attorneys
Highly doubtful she would be able to get a protective order because it has been such a long time. One other important factor is the fact that since the incident occurred, she has continued to live with you now for 2 1/2 years so for her to claim that she fears for her safety and needs a protective order is without any merit. You need to be careful because people often use Protective Orders as a means to get immediate custody of children even though there's no basis for it. Whether it's with me or any other attorney, I would strongly recommend you meet with legal counsel to explore your options. I offer a free consultation in the event you would like to meet with me. My number is 801-274-3100. Thank you, Cory R. Wall
Probably not because of the passage of time, so long as there were no other incidents after the one you described. She may apply for a protective order and may get a temporary one, but at the mandatory hearing you can explain the facts to the court, and it will likely be dismissed.
It appears that you will have a contentious divorce. Because you have children you should have someone who can protect your time and rights to your children, and make sure your spouse does not expose them to potential risks from her boyfriend(s). Please call for a free consultation 801-876-4422
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