Legal Aid Society of Salt Lake
Program Forms and Statutes | Resources for Mediators | Resources for Attorneys
Stabilizing Families in Crisis
Mission Statement:
Legal Aid Society of Salt Lake is a private, non-profit law office that represents low-income individuals in the area of family law and assists children and adults who are victims of domestic violence to obtain protective orders.
Legal Aid Society of Salt Lake Services:
Founded in 1922, Legal Aid Society of Salt Lake provides low cost legal representation to low-income individuals with family law cases in Salt Lake County. Legal Aid Society also assists adults and children who are victims of domestic violence to obtain protective orders and civil stalking injunctions from the court regardless of their income. Legal Aid Society has a staff of dedicated professionals who work hard to protect the legal interests of our clients. Our goal is to help our clients achieve violence-free homes and bring economic and emotional stability to their lives and the lives of their children with enforceable court orders.
Contact Information:
Legal Aid Society of Salt Lake
205 North 400 West
Salt Lake City, Utah 84103
(801) 328-8849Domestic Violence Victim Assistance Program
Matheson Courthouse, Room W-17
450 South State Street
Salt Lake City, Utah 84111
(801) 238-7170Self-Represented Family Law Clinic
Matheson Courthouse, Room W-15
450 South State Street
Salt Lake City, Utah 84111
(801) 238-7440E-mail: sralphs@lasslc.org
Domestic Violence Victim Assistance Program
Protective Orders:
The Domestic Violence Victim Assistance Program (DVVA), comprised of two attorneys, six paralegals, three court runners and receptionist, provides legal representation to victims of domestic violence to obtain a civil protective order against their abuser. This service is provided free of charge, regardless of the applicant's income. Victims who need a protective order can go to room W-17 in the Matheson Courthouse on a walk-in basis where Legal Aid staff provide the following services:
- screen for appropriate cause
- conduct intake interview
- prepare legal documents and file with court clerk
- obtain a temporary ex parte protective order from judge
- obtain a court date for protective order hearing
- deliver documents to Sheriff for service
Legal Aid staff provide expert legal counsel and advice through this complicated process which takes between three and four hours to complete. The ex parte protective order is in effect, protecting the petitioner (victim), from the time the respondent (other person) is served until the hearing date. At the hearing, Legal Aid attorneys represent the petitioner in seeking a protective order against the respondent who is often represented by a private attorney. Once the protective order is granted by the court, Legal Aid staff ensures that it is served on the respondent at the hearing or through the Sheriff's Office.
Protective orders are available for "co-habitants" which are defined under Utah law as the following relationships:
- married or formerly married
- have a child in common or pregnant
- related by blood or marriage
- resided in same residence
Protective orders include "criminal" provisions which prohibit the respondent from harming or threatening harm to petitioner and members of petitioner's family, from going to the petitioner's residence, place of employment, or school, and from having any contact whatsoever with the petitioner. These provisions, if violated, are a criminal offense and the orders remain in effect indefinitely. The criminal provisions can be modified or dismissed in a divorce proceeding, with the permission of the petitioner in the first two years, or upon motion and court hearing at the request of either party after the first two years.
Protective orders can also include "civil" provisions such as custody of children, visitation, child support, allocation of needed personal property, and possession of the residence. However, the "civil" provisions are only in effect for 150 days.
Protective orders are effective! Legal Aid conducts surveys of former clients 60 days after they obtain their protective order and 83% report "no further violence" since obtaining the protective order. However, it is important that the victim take practical steps to ensure their safety and the safety of their children. Therefore, every victim Legal Aid assists is given a brochure about safety plans detailing what steps to take to stay safe in the future and staff can assist them in answering questions and formulating their own safety plan.
Civil Stalking Injunctions:
For individuals who are abused or threatened by a non-cohabitant, Utah law provides for protection through a civil stalking injunction. The injunctions can order the offender to stay away from the Petitioner and family members at home, employment and other places and are effective upon service on the respondent. There is a court hearing only if the respondent requests one, and the injunctions have a duration of three years.
Domestic Relations Program
Legal Aid Society's Domestic Relations Program provides legal representation for low income individuals with family law cases such as divorce, paternity, custody, and guardianships. Individuals seeking help with a family law case contact Legal Aid at 328-8849 x 3107 for initial eligibility screening and then are sent an application form. Applications are reviewed by staff attorneys. There is a client fee for domestic relations cases based on household income relative to the federal poverty rate:
Up to 100% of federal poverty rate: $200
100% to 150% of federal poverty rate: $400
151% to 200% of federal poverty rate: $600
Domestic relations cases are assigned to an attorney/paralegal team and the assigned team conducts an intake interview, prepares appropriate pleadings, and files them with the court. Often, temporary orders dealing with custody, child support, health insurance, possession of the home, spousal support, etc. are needed while the case is pending in the courts. In that event, the attorney files an appropriate motion and represents the client at the hearing to obtain temporary orders. During the case, the legal staff completes necessary discovery for information and then the attorney negotiates a settlement, the parties mediate a settlement, or the case is set for pre-trial settlement conference with the court. If the case cannot be resolved, the attorney represents the client at trial.
Bridge the Gap:
Legal Aid Society's "Bridge the Gap" program literally bridges the gap between the Domestic Violence and the Domestic Relations Program. The purpose of this program is to make a direct assignment of domestic violence clients who need representation in a divorce or paternity action to the domestic relations program. Bridge the Gap clients are assessed an administrative fee based on their household income:
Less than federal poverty guideline: no charge
100% to 125% of poverty guideline: $25
126% to 150% of poverty guideline: $50
Legal Aid found that too many domestic violence clients were going back to an abusive relationship because of economic and emotional pressures. By starting the domestic relations case immediately and getting orders of financial support, custody, and possession of the residence, victims are given the motivation to "follow through" with the break from their abuser. In most Bridge the Gap cases, the respondent is served with the legal papers at the protective order hearing.
Adult Guardianships:
Legal Aid Society has a fledgling Guardianship Program wherein Legal Aid Society will represent the proposed ward when the State of Utah's Office of Public Guardian files a guardianship petition against an incapacitated person and the ward does not have the resources to obtain counsel. This service is necessary for individuals who do not have a family member or a friend to ensure that their best interests are being met. Legal Aid is able to take these cases based on available resources.
Family Law Self-Represented Family Law Clinic
Because the requests for family law case assistance far exceed resources, Legal Aid Society opened a pro se clinic in the Matheson Courthouse Room W-15 to assist individuals who are representing themselves without an attorney in family law matters such as divorce or custody cases. Legal Aid staff does not provide legal advice, but provides legal forms and assistance in completing the form, provides information about the legal process, helps to schedule hearings with the court clerk and reviews pro se pleadings prior to filing with the court. The Clinic stays very busy and helps over 4,000 people each year.
Other Resources
- Divorce Education for Children
- Income Survey -
PDF - Application to Excuse Mandatory Divorce Mediation -
PDF - Utah Dispute Resolution (UDR)
- Utah Council on Conflict Resolution (UCCR)
- Utah Legal Services
- Legal Aid Society