Legal Question in Family Law in Utah

My son-in-law's girlfriend filed a fraudulent protective order over a year ago and within a couple of weeks wanted him to come home. She however has not ever, even with coaching and instructions, ever requested to dismiss it. It has now gone to a final order. She is very weird, and I would even hazard to say "mental". She keeps trying to goad him into physical violence and involves their child by saying, Daddy is a piece of shit, etc. He has a witness that she has tried to claim physical violence falsely. Anyway she slammed her face into his head this morning during an argument - he did NOT try to harm her in any way. Now she has made a police report and they are talking about arresting him for violating the protective order (nothing about the alleged physical violence). What rights does he have and what can he do? It's obvious to our family and many of their acquaintances and friends that she is trying to get him in trouble so she can take the child.


Asked on 4/17/12, 1:52 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Your son should file a complaint against the girlfriend also for a protective order and violence in the presence of the child. If he has not done so, he should also file for a paternity order, and for custody of the child. He must go on the offensive to protect himself and the child.

If he does nothing he will be found guilty and will face jail and fines.

You may call for a free consultation. 801.876.4422.

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Answered on 4/17/12, 2:00 pm


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