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Orders of Protection

Court of Appeals of Utah
Uncategorized

Canteros-Alvarez v. Green — Conditional Text Threat Does Not Establish Imminent Physical Harm Under Utah’s Cohabitant Abuse Act

The Utah Court of Appeals vacated a protective order against a sister whose angry text—expressing a conditional desire to fight—did not place the petitioner in reasonable fear of imminent physical harm under the Cohabitant Abuse Act, because the threatened violence was contingent on a future event, the parties were physically distant, and there was no history of violence between them.

Montana Supreme Court
Uncategorized

Helt v. Guess — Order of Protection’s Child-Contact Ban Reversed for Lack of Statutory Child-Specific Findings

The Montana Supreme Court affirmed a protection order protecting the petitioner from the respondent but reversed the child-related provisions—including the elimination of all parenting contact—holding that Montana Code Annotated § 40-15-204(4) requires child-specific findings that the child was a victim of, witnessed, or was endangered by abuse, and that the court must explain why supervised visitation would not adequately address the proven safety concerns before imposing a total contact ban.

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