Child Protective Orders Lehi, Utah – Hoyer Law Firm
Child Protective Orders Lehi, UT
Hoyer Law Firm
51 E Main Street
Lehi, UT 84043
(801)901-0797
As a concerned adult, you can file a “Verified Petition for Protective Order on Behalf of Children” to protect a child under the age of 18 years old from physical or sexual abuse.
The proceedings for child protective orders are usually held in a Juvenile Court, and typically involve a police investigation and referral to the Division of Child and Family Services.
If you are older than 16 years, you can apply for an adult protective order to protect yourself from domestic abuse or to lift a threat of violence.
At Hoyer Law, we can provide you with expert legal services relating to child protective orders. We invite you to read more below about the procedures for a child protective order in Utah, the repercussions of such an order, and how we can help you navigate through the proceedings associated with these orders.
The Proceedings for a Child Protective Order
If you suspect that a child is subjected to abuse or that there is a threat of violence, you can obtain court-ordered protection for the child by filing a Petitioner’s Verified Petition for Child Protective Order and a Petition for Ex Parte Child Protective Order at the Juvenile Court.
The court will review these forms together with the child’s documents and the district court’s case files, previous petitions, orders, and investigations, as well as law enforcement records of agencies that investigated the abuse of the child.
When the Juvenile Court finds that:
– there is evidence that a child is in danger of being physically or sexually assaulted,
– that the petitioner and respondent are the natural-, adoptive, or step-parent of the child in question,
– if there is a current family law case that involves the parties, and
– that it is in the best interest of the child,
The Juvenile Court judge may order a transfer of the child protective order to the District Court. The clerk of the District Court will then schedule a hearing within twenty days of the transfer. The court may also issue a temporary child protective order that remains in effect until the trial.
At the hearing, the court will appoint a guardian to represent the child’s interests. Law enforcement and the Division of Child and Family Services will also present their investigative reports to the court for review.
If the court finds that the child is in imminent danger of or has already been the victim of physical or sexual abuse, it will issue a child protective order. A child protective order is valid for 150 days unless the court states otherwise.
Depending on the circumstances, the court can also grant a “Request to Vacate Child Protective Order.”
Obtaining a Child Protection Order
If you notice signs that someone is abusing or threatening to harm a child, you have to take immediate action to ensure that the child receives immediate legal protection. A child protection order is formulated by law to immediately and adequately protect a child from violent acts.
However, you have to follow the proper procedures to file a Verified Petition for Child Protective Order and or Petition for Ex Parte Child Protective Order. If you don’t follow the legal process, you may not be successful with your application, or there may be delays that can put the child at risk.
The first step you have to take as a concerned adult is to contact a reputable family law attorney with extensive experience in child protective orders. At Hoyer Law, we can help you navigate through the entire process of obtaining a child protective order.
We will help you to present evidence to the court that it is more likely than not that a child is being abused or is in imminent danger of being harmed.
To get the process started of obtaining a child protective order, contact Hoyer Law today.
Malicious Order Applications
Unfortunately, it happens that spouses try to obtain a child protective order against each other during divorce proceedings – not to prevent child abuse, but to prevent them from accessing the child or children, or to sabotage their case during child custody proceedings.
Defending Against a Child Protection Order
If you receive notice of a child protection order against you, the first thing you should do is to seek expert legal help from an experienced family law attorney.
At Hoyer Law, we will manage your defense against a child protection order so you can regain access to your children and focus on the divorce proceedings.
Call Hoyer Law Firm today at (801)901-0797 to schedule an initial consultation.
