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Common Legal Questions in Utah
143 attorney-reviewed questions from people in Utah. Select one to read the guidance, or start a free chat.
Family & Child Custody (30)
- Can I Require the Father to Go to Therapy Before He Sees Our Child in Utah?
- Challenging Paternity Five Years After Signing a Declaration
- Contesting a Divorce Petition After Being Served
- Contesting an Ex Parte Protective Order Based on False Allegations
- Defamation and Decree Violation Claims Over Shared Custody Videos
- Emancipation Is Not Based on a Salary Requirement in Utah
- Emancipation Will Not Fix an Unsafe Home Tonight — Here Is What Can
- Enforcing a Custody Order After an Unauthorized Relocation
- Enforcing a Decree's Drug and Alcohol Testing Clause
- Enforcing a Violated 50/50 Custody Order
- Establishing Paternity and Parent-Time for Unmarried Father
- Filing for Divorce and Modifying an Existing Custody Order
- Filing for Divorce in Utah When Your Spouse Lives Out of State
- Finalizing a Mediated Child Custody Agreement
- Grandparents' Options After Documented Parental Abuse and Child Removal
- How Can I Change On-Demand Drug Testing Language in My Utah Custody Order?
- How Do I Change My Daughter's Last Name and Terminate Her Father's Rights in Utah?
- How Does Custody and Property Division Work in a Utah Divorce?
- Legal Risk of Leaving the Marital Home With Your Children
- Parental Rights During a CPS Home Visit Request
- Police Retention of a Minor's Phone in a Joint-Custody Household
- Preparing Findings of Fact for an Alimony Trial
- Recovering Personal Documents Withheld by a Spouse
- Recovering a Child Withheld by the Other Parent
- Responding to a Petition Alleging Violation of a Divorce Decree
- Responding to a Spouse's Petition to Modify Child Custody
- Temporary Custody and Support During a Contested Divorce
- Third-Party Harassment During a Partner's Pending Divorce
- When Someone Else in the Household Can Accept Service of Divorce Papers
- Whether Paying an Ex's Bills Counts as Spousal Support
Housing & Tenant (29)
- A Landlord's No-Children Policy Versus Stepchild Visitation
- Access to Belongings and Rent Credit After an Apartment Fire
- Can My Utah Landlord Change the Locks Without an Eviction Notice?
- Can My Utah Landlord Do Loud Construction Without Notice or Limits?
- Can My Utah Landlord Evict Me From Part of My Rental and Charge $25-a-Day Late Fees?
- Charging a Tenant for Minor Damage to Window Blinds
- Contesting a Three-Day Eviction Notice Over Black Mold
- Deposit Forfeiture When a Prospective Tenant Never Moves In
- Disputed Early Lease Termination Fees With No Specified Due Date
- Eviction for Back Rent When Rental Assistance Never Paid
- How Can I Avoid Liability for a Roommate's Unpaid Lease Fees in Utah?
- How Can I Get Out of My Utah Apartment Lease for Medical Reasons?
- Is It Legal for My Utah Landlord to Charge More Rent After Our Apartment Flooded and Was Condemned?
- Is My Signed Utah Apartment Lease Still Valid If My Roommate Won't Move Out?
- Is a Housing Notice in Utah Fixable Before It Leads to Eviction?
- Landlord Liability for a Structurally Defective, Tilting Rental House
- Landlord's Duty to Address Tenant-on-Tenant Harassment
- Landlord's Duty to Itemize Deposit After Early Move-Out
- Liability for Remaining Rent After Leaving an Oral Room Rental
- Must a Voucher Holder Vacate After Losing Rental Assistance
- Notice Owed to a Rent-Free Occupant When the Property Sells
- Notice Period and Liability for Ending a Month-to-Month Tenancy
- Notice Required to End a Month-to-Month Tenancy
- Removing a Former Spouse from the Shared Home
- Removing an Off-Lease Occupant — What the Leaseholders' Exposure Looks Like
- Security Deposit Retention Where No Lease Was Signed
- Short Payment Under a Verbal Room-Rental Agreement
- What Are My Rights When My Utah Apartment Has Bed Bugs?
- What Can I Do About a Utah Landlord Who Enters Without Permission?
Criminal Defense (23)
- Can Asking If Someone Is an Undercover Officer Prevent a Drug Arrest in Utah?
- Can I Take Legal Action for Past Sexual Harassment by My Ex-Husband in Utah?
- Can What I Tell a Friend Be Used Against Me in a Utah Criminal Case?
- Challenging Jail Detention Past a Court-Ordered Release Date
- Choosing Between a Guilty and No Contest Plea for Shoplifting
- Defending Against Two Pending Assault Charges
- Do I Have a Defense to a Bicycle 'Fail to Stop' Charge in Utah?
- Is It a Crime in Utah If Private Sexual Conduct at Home Involves Overhearing a Neighbor?
- Is a Therapist Required to Report a Client's Disclosure of Past Child Abuse?
- Plea Options for a Parking-Lot Hit-and-Run Charge
- Preparing Without Counsel for a Criminal Disposition Hearing
- Probation Condition Barring Prescribed Medical Cannabis
- Resolving an Unexpected Warrant for Domestic Violence Assault
- Responding to Police Questioning Before Charges Are Filed
- Self-Defense After a Confrontation Over a Knocked-Over Bin
- Speedy Trial Rights After Repeated Preliminary Hearing Continuances
- Suppressing Evidence in a Restricted-Person Firearm Case
- Vehicle Search and Plea-in-Abeyance Violation Risk
- Was My Traffic Stop Legal If the Officer Watched Me for 30 Minutes Before Citing a Taillight?
- What Are My Options to Expunge My Criminal Record in Utah?
- What Are My Rights If I'm Accused of Abuse After Reporting a Coworker in Utah?
- What Are the Penalties for First-Time Underage Drinking in Utah?
- Will What I Say Be Used Against Me? Understanding Your Rights
Employment (15)
- An Employer Repeatedly Asking Whether You Are Sick or Dying
- Best Approach When an Employer Takes Back a Final Paycheck
- Can I Sue My Employer for Not Honoring a Promised Raise in Utah?
- Can I Sue for More Than I'm Owed When a Gig Company Holds My Pay in Utah?
- Defamation Claim Over a False Neglect Allegation to an Employer
- Do We Owe Unemployment If an Employee Doesn't Work Her Final Notice Shifts in Utah?
- Exempt Misclassification and Forced PTO Use for Hours Worked
- Filing a Group Small Claims Case With Multiple Plaintiffs
- Former Employer Disclosing the Reason for Termination to a New Employer
- Hostile Work Environment and Disability Discrimination After a False Medication-Misuse Accusation
- How Can I Get the Utah Labor Commission to Reconsider My Wage Claim Evidence?
- Is My Utah Workplace Legally a 'Hostile Work Environment'?
- Job Security After Being Pulled From the Schedule for a Medical Issue
- What Can I Ask For If My Employer Isn't Honoring My ADA Accommodation Request in Utah?
- What Can I Do About Unsafe 16-Hour Shifts at My Utah Work Program?
Consumer Protection (8)
- Can I Get My Money Back After Buying a Rusted-Frame Used Car in Utah?
- Can We Get Relief for a Vehicle That's Been in the Shop Since We Bought It in Utah?
- Dealer Withholding Your License Plate Over a Financing Dispute
- Disputing a Denied Refund for Unauthorized Payment App Transactions
- Recourse After Being Pressured Into a Check Deposit That Left You Overdrawn
- Recovering a Trade-In Vehicle After a Dealer Cancels the Sale
- Seeking a Refund for a Pet Misrepresented as Docile
- Unauthorized Subscription Charges You Never Signed Up For
Civil Disputes (7)
- Defending a Demand to Repay Funds Under an Oral Work Agreement
- Losing a Job After a False Report of a Firearm Threat
- Neighbor Demands Removal of Grandfathered Horses Over Fly Complaints
- Recovering Belongings After Being Locked Out by a Relative
- Recovering a Down Payment in a Co-Owned Home Dispute
- What Can I Do If a Utah Judge Hasn't Ruled on My Ex Parte TRO After 8 Days?
- Who Pays to Replace a Deteriorating Shared Boundary Fence
Personal Injury (6)
- Disputing an Insurer's Subrogation Demand in a Hit-and-Run Claim
- Do I Have a Legal Claim After Falling Off a Ladder in My Own Yard in Utah?
- How Do I Find a Contingency Lawyer for a Failed Knee Replacement in Utah?
- Insurance Obligations After a Near-Miss With No Contact
- Insurance Settlement Below Replacement Cost After a Total Loss
- Medical Facility Garnishment After a Settled Injury Claim
Financial & Debt (5)
- Bankruptcy Options to Stop Foreclosure and Debt Collection
- Can Your Co-Signer Sue You for the Balance on a Repossessed Car?
- Debt Validation and Dispute Rights After Contact by a Collector
- Online Retailer Withholding Purchased Goods Over a Fraud Allegation
- Removing a Name From a Vehicle Title Before a Possible Bankruptcy
Property (5)
- Can I Get Compensation for Property Damage Caused by a Neighbor's Tree Company in Utah?
- Does a Sales Contract Have to Be Verified Before a Mobile Home Title Transfers?
- Forcing a Sale When a Joint Property Owner Refuses to Sell
- Recovering an Engagement Ring After a Broken Engagement
- What Is a Landlord's Liability If a Child Drowns in a Tenant's Hot Tub in Utah?
Protective Orders & Harassment (4)
Estate & Probate (3)
Business & Contract (2)
Privacy & Data (2)
Workers Compensation (2)
Civil Rights & Police Misconduct (1)
Utah Courts & Legal Aid
- Look up a case or find court forms at the Utah State Courts.
- Get free civil legal help from Utah Legal Services.
- Use the LSC — Find Legal Aid to find a local legal-aid office by ZIP code.
- Use the LawHelp.org to browse free legal information and self-help resources.
- Use the ABA Lawyer Referral Directory to get matched with a local attorney through your state bar.
Case Law Cited in Utah
253 court decisions cited across these pages. Showing the 50 most frequently cited; each page lists the cases it relies on. These are provided as legal background, not as advice about any particular case.
Corn v. Groce, 2024 UT App 84, 552 P.3d 245
Cited on: Enforcing a Custody Order After an Unauthorized Relocation · Filing for Divorce and Modifying an Existing Custody Order · Finalizing a Mediated Child Custody Agreement +1 more
Nelson v. Nelson, 2023 UT App 38, 529 P.3d 370
Cited on: Defamation and Decree Violation Claims Over Shared Custody Videos · Finalizing a Mediated Child Custody Agreement · Enforcing a Violated 50/50 Custody Order
Wallace v. Wallace, 2024 UT App 164, 561 P.3d 187
Cited on: Defamation and Decree Violation Claims Over Shared Custody Videos · Enforcing a Decree's Drug and Alcohol Testing Clause · Enforcing a Violated 50/50 Custody Order
Aris Vision Institute, Inc. v. Wasatch Property Management, Inc., 2006 UT 45, 143 P.3d 278
Under Utah's forcible entry and detainer statute, all damages directly and proximately resulting from a forcible entry or a forcible or unlawful detainer must be trebled — including loss, damage, and depreciation of the occupant's personal property that the possessor withheld.
Cited on: Removing an Off-Lease Occupant — What the Leaseholders' Exposure Looks Like · Recovering Belongings After Being Locked Out by a Relative
Aris Vision Institute, Inc. v. Wasatch Property Management, Inc., 2005 UT App 326, 121 P.3d 24
Utah Supreme Court decision affirming a judgment of wrongful eviction, conversion, and forcible detainer against a party that locked an occupant out and refused for five months to release the occupant's personal property, and holding that the damages 'resulting' from a forcible detainer — including loss of, damage to, and depreciation of the occupant's personal property — are recoverable and subject to trebling under the forcible detainer statute.
Cited on: Recovering Belongings After Being Locked Out by a Relative · Access to Belongings and Rent Credit After an Apartment Fire
Bahr v. Imus, 2011 UT 19, 250 P.3d 56
Cited on: Who Pays to Replace a Deteriorating Shared Boundary Fence · Who Pays to Replace a Deteriorating Shared Boundary Fence
Bonnie & Hyde, Inc. v. Lynch, 2013 UT App 153, 305 P.3d 196
Even where an occupant has abandoned the premises — defeating claims for forcible entry, unlawful detainer, and wrongful eviction — a party who is holding the occupant's personal property only by the occupant's consent commits wrongful conversion by refusing to return it once that consent is withdrawn, absent a valid lien or an unexpired writ of attachment.
Cited on: Recovering Belongings After Being Locked Out by a Relative · Access to Belongings and Rent Credit After an Apartment Fire
D.H. v. State, 2015 UT App 66, 347 P.3d 2
Cited on: Whether a 'No Parent-Time' Provision Bars Phone and Video Contact With a Child · Whether a 'No Parent-Time' Provision Bars Phone and Video Contact With a Child
Duffin v. Duffin, 2025 UT App 136
Cited on: Enforcing a Decree's Drug and Alcohol Testing Clause · Enforcing a Violated 50/50 Custody Order
Enerco, Inc. v. SOS Staffing Services, Inc., 2002 UT 78, 52 P.3d 1272
Cited on: Liability for Remaining Rent After Leaving an Oral Room Rental · Access to Belongings and Rent Credit After an Apartment Fire
Hinds v. Hinds-Holm, 2022 UT App 13, 505 P.3d 1136
Cited on: Enforcing a Decree's Drug and Alcohol Testing Clause · Enforcing a Violated 50/50 Custody Order
Cited on: Enforcing a Decree's Drug and Alcohol Testing Clause · Finalizing a Mediated Child Custody Agreement
Lobendahn v. Lobendahn, 2023 UT App 137
Cited on: Enforcing a Custody Order After an Unauthorized Relocation · Finalizing a Mediated Child Custody Agreement
A person who reports observed or suspected misconduct can raise privilege as a defense to a resulting defamation claim, and where the defendant files a special motion under Utah's Uniform Public Expression Protection Act the burden shifts to the plaintiff to point to evidence making a prima facie case that the statements were not privileged, or that the defendant abused the privilege, before the defamation claim may proceed.
Cited on: Recourse for a False Workplace Report of a Weapons Violation · Losing a Job After a False Report of a Firearm Threat
Martin v. Kristensen, 2021 UT 17, 489 P.3d 198
Cited on: Notice Required to End a Month-to-Month Tenancy · Notice Owed to a Rent-Free Occupant When the Property Sells
Meyer v. Aposhian, 2016 UT App 47, 369 P.3d 1284
Confirms the petitioner must actually show the respondent is a perpetrator of abuse or domestic violence to obtain a cohabitant abuse protective order; the Court of Appeals affirmed the denial of a protective order where the district court found the parties' encounters had never escalated to physical violence and there was no imminent threat of abuse.
Cited on: Defending Against a Child Protective Order With Limited Means · Seeking a Protective Order Against an Abusive Parent
Miller v. Miller, 2020 UT App 171, 480 P.3d 341
Cited on: Filing for Divorce and Modifying an Existing Custody Order · Finalizing a Mediated Child Custody Agreement
Ortega v. Ridgewood Estates LLC, 2016 UT App 131, 379 P.3d 18
Cited on: Notice Required to End a Month-to-Month Tenancy · Notice Owed to a Rent-Free Occupant When the Property Sells
Cited on: Defamation and Decree Violation Claims Over Shared Custody Videos · Third-Party Harassment During a Partner's Pending Divorce
South Weber v. Cobblestone, 2022 UT App 63
Cited on: Neighbor Demands Removal of Grandfathered Horses Over Fly Complaints · Neighbor Demands Removal of Grandfathered Horses Over Fly Complaints
Steinberg v. Community Housing Services-Capital Villa, Ltd., 2014 UT App 102, 326 P.3d 673
Cited on: Notice Required to End a Month-to-Month Tenancy · Recovering Belongings After Being Locked Out by a Relative
Swarthout v. Cooke, 562 U.S. 216
Cited on: Challenging Jail Detention Past a Court-Ordered Release Date · Challenging Jail Detention Past a Court-Ordered Release Date
Syme v. Symphony Grp. LLC, 2018 UT App 212, 437 P.3d 576
Where a buyer cancels before performance and sues to recover deposits, the recipient may retain the money only if a contract provision actually authorizes forfeiture on the facts that occurred; the court of appeals reversed summary judgment for the builder because the event said to trigger forfeiture of the construction deposit (the color-selection meeting) never took place.
Cited on: Online Retailer Withholding Purchased Goods Over a Fraud Allegation · Deposit Forfeiture When a Prospective Tenant Never Moves In
A.W. v. Marelli, 2024 UT App 8, 543 P.3d 786
Utah's bar for 'extreme and outrageous conduct' in an intentional-infliction-of-emotional-distress claim is demanding, and a court may decide the question as a matter of law where reasonable minds could not differ; more than a decade of unwelcome, repeated, and expressly rejected contact — letters, gifts, Facebook messages, and a couple of unwanted visits, considered as a single course of conduct — was held not to rise to the required level of outrage.
Cited on: Civil Claim Against a Harassing Neighbor After a Noise Complaint
Acosta v. Paragon Contractors Corp., 884 F.3d 1225
Cited on: Exempt Misclassification and Forced PTO Use for Hours Worked
Action Electric Co. v. Industrial Commission, 636 P.2d 474
Cited on: Best Approach When an Employer Takes Back a Final Paycheck
Alabama Assn. of Realtors v. Department of Health and Human Servs., 594 U.S. 758
Cited on: Eviction for Back Rent When Rental Assistance Never Paid
Anderson v. Deem, 2023 UT App 48, 530 P.3d 945
Cited on: Third-Party Harassment During a Partner's Pending Divorce
Anderson v. West (In re Anderson), 604 F. App'x 735
Cited on: Bankruptcy Options to Stop Foreclosure and Debt Collection
Anthony Ray Jenkins v. (Nfn) Kimerly, Probation Officer, 66 F.3d 338
Cited on: Vehicle Search and Plea-in-Abeyance Violation Risk
Archuleta v. Wal-Mart Stores, Inc., 395 F.3d 1177
Cited on: Exempt Misclassification and Forced PTO Use for Hours Worked
Atlantis Estate Acquisitions, Inc. v. DePierro, 125 So. 3d 889
Cited on: Security Deposit Retention Where No Lease Was Signed
B.W.D. v. B.W. (In Re Interest of S.W.), 2017 UT 37, 424 P.3d 7
Cited on: Contesting an Ex Parte Protective Order Based on False Allegations
Bahnmaier v. Northern Utah Healthcare Corporation, 2017 UT App 105, 402 P.3d 796
Cited on: Defamation Claim Over a False Neglect Allegation to an Employer
Bahr v. Imus, 2009 UT App 155, 211 P.3d 987
Cited on: Who Pays to Replace a Deteriorating Shared Boundary Fence
Banner Bank v. First American Title Insurance, 916 F.3d 1323
Cited on: Removing a Name From a Vehicle Title Before a Possible Bankruptcy
Bel Courtyard Investments, Inc. v. Wolfe, 2013 UT App 217, 310 P.3d 747
Tenants prevailed against landlords on a forcible-detainer claim, illustrating that a landlord may not remove or pressure out a tenant without following lawful eviction procedure.
Bercat Management, LLC v. Joseph Murphy and Taylor Murphy, Texas Court of Appeals
Cited on: Charging a Tenant for Minor Damage to Window Blinds
Bichler v. DEI Systems, Inc., 2009 UT 63, 220 P.3d 1203
Counterclaims, including an equitable claim of setoff, may be asserted in a Utah unlawful detainer action under Rule 13, Utah R. Civ. P.; but because a setoff claim unrelated to possession does not bear on the possession question, the district court need not resolve it before ruling on possession.
Cited on: Contesting a Three-Day Eviction Notice Over Black Mold
Blocker v. Blocker, 2019 UT App 82, 444 P.3d 541
Cited on: Filing for Divorce and Modifying an Existing Custody Order
Blocker v. Blocker, 2017 UT App 10, 391 P.3d 1051
Cited on: Filing for Divorce and Modifying an Existing Custody Order
Bountiful City v. Swenson, 2024 UT App 133, 557 P.3d 1158
A person cannot be punished for disobeying a protective order unless the order is 'sufficiently specific and definite as to leave no reasonable basis for doubt regarding its meaning'; the Court of Appeals affirmed dismissal of a protective order violation charge where the father merely attended his child's medical appointment that the mother also attended, because the order contained no proximity or distance restriction and its no-contact provision addressed communication, which he did not attempt.
Cited on: Whether a 'No Parent-Time' Provision Bars Phone and Video Contact With a Child
Bradshaw v. Pelley-Whelan, 2019 UT App 201, 456 P.3d 765
Cited on: Contesting an Ex Parte Protective Order Based on False Allegations
Brookside Mobile Home Park, Ltd. v. Peebles, 2000 UT App 314, 14 P.3d 105
Cited on: Notice Owed to a Rent-Free Occupant When the Property Sells
Bryner v. Cardon Outreach, LLC, 2018 UT 52, 428 P.3d 1096
Utah's Hospital Lien Statute, Utah Code § 38-7-1, sets a fixed distribution priority for a personal-injury recovery: the patient's attorney fees, court costs, and other necessary expenses of obtaining the judgment or settlement come off the top; the hospital's lien then attaches to the remaining net recovery above $100 and has priority over other creditors and over the patient; and absent a written agreement, the lien amount may not be reduced by anything other than those attorney fees. The Utah Supreme Court rejected the argument that hospitals must bear a proportional share of the patient's attorney fees, holding the common fund doctrine inapplicable to an enforceable statutory lien on a judgment.
Cited on: Medical Facility Garnishment After a Settled Injury Claim
Butler v. Mediaport Entertainment, 2022 UT App 37, 508 P.3d 619
Cited on: Former Employer Disclosing the Reason for Termination to a New Employer
CCW Ranch, LLC v. Nielsen, 2012 UT App 205, 283 P.3d 1072
Where adjoining owners reach an agreement — even an informal one — that each will rebuild or repair a particular section of shared boundary fence, that agreement governs and is enforceable, with a reasonable time for performance implied where none is specified; the statutory partition-fence cost rule that the court applied to future maintenance costs (then Utah Code § 4-26-5.1, renumbered § 4-26-103) is limited to 'qualified landowners' whose land is used for grazing livestock and is under a conservation easement or in agricultural use.
Cited on: Who Pays to Replace a Deteriorating Shared Boundary Fence