Part I – The Waiting.
In a divorce proceeding in Utah the parties are required to attend at least one round of mediation before a case can be certified for trial. As a general prediction, the odds are that a case will settle as opposed as to proceeding to trial. While the exact percentages change, the percentage of cases settling is usually in the high ninety percentages. So what are the benefits to mediation vs. proceeding to trial?
Unlike child support, which is based off each party's gross monthly income and child custody schedule, an award of alimony will be based on a variety of facts and case law. No attorney can "guarantee" alimony, or accurately predict an award of alimony. Because alimony is fact-specific, each case can create radically different results.
With the current affairs of NFL running back Adrian Peterson and his legal battle regarding possible child abuse charges; office water cooler talk regarding what is and is not child abuse has reached an all time high. While it is not my place to tell people how to discipline their children, it is my place as a practicing attorney at Atticus Legal Group to way in on what is and what isn’t child abuse in Utah. The last thing you want is a child abuse charge in Salt Lake City.
Under Utah law:
Any person who inflicts upon a child serious physical injury or, having the care or custody of such child, causes or permits another to inflict serious physical injury upon a child is guilty of an offense as follows:
(a) if done intentionally or knowingly, the offense is a felony of the second degree;
(b) if done recklessly, the offense is a felony of the third degree; or
(c) if done with criminal negligence, the offense is a class A misdemeanor.
Any person who inflicts upon a child physical injury or, having the care or custody of such child, causes or permits another to inflict physical injury upon a child is guilty of an offense as follows:
(a) if done intentionally or knowingly, the offense is a class A misdemeanor;
(b) if done recklessly, the offense is a class B misdemeanor; or
(c) if done with criminal negligence, the offense is a class C misdemeanor
Utah Code § 76-5-109 (2011).
Utah further defines physical injury as an injury to or condition of a child, which impairs the physical condition of the child, including:
(i) a bruise or other contusion of the skin;
(ii) a minor laceration or abrasion;
(iii) failure to thrive or malnutrition; or
(iv) any other condition which imperils the child's health or welfare and which is not a serious physical injury
And further defines a serious physical injury as: fracture of any bone or bones;
(B) intracranial bleeding, swelling or contusion of the brain, whether caused by blows, shaking, or causing the child's head to impact with an object or surface;
(C) any burn, including burns inflicted by hot water, or those caused by placing a hot object upon the skin or body of the child;
(D) any injury caused by use of a dangerous weapon as defined in Section 76-1-601;
(E) any combination of two or more physical injuries inflicted by the same person, either at the same time or on different occasions;
(F) any damage to internal organs of the body;
(G) any conduct toward a child that results in severe emotional harm, severe developmental delay or intellectual disability, or severe impairment of the child's ability to function;
(H) any injury that creates a permanent disfigurement or protracted loss or impairment of the function of a bodily member, limb, or organ;
(I) any conduct that causes a child to cease breathing, even if resuscitation is successful following the conduct; or
(J) any conduct that results in starvation or failure to thrive or malnutrition that jeopardized the child’s life.
Having defended child abuse allegations and charges in the past, I can say that in my experience Utah prosecutors and the courts are very protective of children. (And rightfully so). When prosecutors are provided with evidence of bruises, lacerations or other physical proof of harm at the hands of a parent or someone in a parent relationship, the prosecutor is likely to file charges of child abuse.
In answering the original question, is spanking child abuse? The answer is maybe. If you are disciplining your child and use an implement such as a switch, belt, or other item it is likely to leave a mark, and would likely be determined to be child abuse under the law. If you are disciplining your child with an open hand spank, and you leave a mark, bruise, or raise the skin, it is likely to be determined to be child abuse.
I would advise any parent looking for advise on disciplining to turn to your family pediatrician, as they know your child’s medical and mental health history and can offer many alternatives to corporal punishment. I would further advise anyone being charged with child abuse to contact an experienced attorney.
If you have further questions about this yourself or need advice on someone you know, please call Atticus Legal Group at 801-784-0529 and we will help you the best we can.
Atticus Legal Group is a law firm based in Salt Lake City, Sugar House, and Sandy Utah. Providing services in Family and Divorce law, Personal Injury, Criminal law, Bankruptcy, automobile, and DUI.
Did you know that when you go through a life changing circumstance you are likely to go to the beauty salon before you do anything else? Most ladies will really look for an alternate haircut when something major happens throughout their life. You will need to rapidly look for solace for your separation or divorce and after that you need to remained on your own. You may need to go to the hair salon once you have made the affirmation of the part and have confronted the circumstances. When you have accepted that you are experiencing a separation or divorce you will require all the individuals who adore you, to be around so you can get all the help that you have to help reconstruct your life and proceed onward.
The principal step is to know who you can depend on and who can't. This is the point at which your genuine companions got to be recognizable. You have to have individuals who forethought to help your lamenting and to help you discover approaches to proceed onward. The vast majority of your supposed companion will say everything will be fun, don't stress. When somebody permits your emotions to be composed off like that, they are not your companions whatsoever. You will need to verify that you comprehend the contrast between true companions and individuals who case to be your companion.
When you have discovered the backing and quality to proceed onward, you will feel the need to roll out some extreme improvements. You may need to change the color of your hair or you might simply need to change your closet or energize a change in conduct. You ought to attempt things that you never would have been able to do with your forthcoming ex. You ought to likewise ponder rolling out improvements about your appearance that they wouldn't essentially empower from you. You will need to do things like change your hair color, change your style of hair, or get a great improved hairdo.
In the event that you have never had short hair, you may need to attempt it. When you trim or when you color your hair you will discover strengthening. You will feel like you have control over yourself and your life. The reality of the situation is that you do have all the control. You have the right to change and you have the right to do whatever it is that you need or find that makes you cheerful. Before you permit yourself to fall in discouragement, you may need to begin considering what has happen, what has changes, and what you might want to do as a consequence of.
Clearly, there were numerous variables that made you and your accomplice to part, however you don't need to be somebody that you aren't. Throughout the years or course of your marriage, you presumably surrendered a great deal. You in all probability changed on the grounds that they sways you to end up precisely what they needed, yet you are no more in that relationship and you can start to do the things that you love by and by.
Any lady that can experience a separation and survive it is an exceptionally solid individual. Some ladies will crumple and fall into a profound dejection. Go out and do everything for yourself. On the off chance that you have for a long while been itching to be a blonde, provide for it a shot. On the off chance that you have ever needed to trim your hair, let it all out. When you start to do things that you regularly wouldn't do you will discover liberation. You will have liberation from all the chains of marriage. You will have the flexibility to act naturally and demonstrate your new opportunity in at any rate that you would like.
Atticus legal Group is here to help with any questions if you are going through a separation or Divorce and need some wisdom or to hire a lawyer. Call Atticus Legal Group Salt Lake Cities top rated Divorce and Family Law firm at 801-784-0529.