Skip to main content
Christopher J. Salcido
Avvo
Pro

Christopher Salcido’s Answers

533 total


  • Can I appeal a stalking injunction?

    Ex filed a stalking injunction, went to court and it was denied. Called her a month later to let her know I saw her mother and her mother wanted her to call her, mother is homeless, daughter hasn't talked to her in months. Ex refiled stalking ...

    Christopher’s Answer

    Did judge grant temporary civil stalking injunction or did you attend another hearing on her new request for civil stalking injunction and the judge issued the permanent injunction? If the permanent injunction was entered following the hearing, you may be able to appeal depending on how long it has been since the injunction was issued. If the judge has only issued a temporary injunction than you still have your day in court coming and you should retain a lawyer.

    See question 
  • Can one parent move out of state while the other parent is in Jail?

    Background: Mother and Father have a 1 year old daughter. They are unmarried, but live together. They have no formal custody arrangement. Dad has a probation violation and gets sentenced to 30 days in jail. While dad is in jail mom decides ...

    Christopher’s Answer

    Absent court order to the contrary you are not "breaking any law" by moving with your daughter out of state. However, when father is released he may very well file for custody and other child orders and ask for the return of your daughter. You may then be stuck fighting a custody battle in the state you moved from. You should speak with a lawyer in the state you are now living to determine what the best course of action may be for you to file for custody and related child orders in your new state.

    See question 
  • What can I do to stop an unsatisfied ex-wife from serving me every year since 1999. Even after support orders are created?

    I am now over $25,000 in debt from having to hire attorneys. The lawyer, I hired last year, and myself was able to get a court order through the courts in Utah last year 2014, for the agreement of Child support and for medical insurance agreement ...

    Christopher’s Answer

    • Selected as best answer

    If she is continually filing the same claims every year, you need to have your attorney this time around ask the court to put some finality on the issues. If you can demonstrate to the judge that every year she is filing a motion for order to show cause, asking for the same relief, or whatever it may be, than the court may issue an order preventing repeated filings in the future. You need to discuss the details with a lawyer who can come up with a more permanent solution to exactly what it is you are facing.

    See question 
  • Can one party choose to add language to, or back out of a signed mediation agreement without the consent of the other party?

    Parents have an existing joint custody arrangement (50/50), which needed to be modified due to petitioner moving out of state. Both parties met and agreed on a plan during mediation and signed a memorandum of understanding that expressly addressed...

    Christopher’s Answer

    The memorandum of understanding may very well be enforceable, it should be filed with the court and an order reflecting the terms submitted for signature by the judge. If the ex is trying to blow up the whole thing, you should hire a lawyer to help get this enforced.

    See question 
  • Secret Recordings

    My soon to be ex has said that she recorded conversations between us in the past that she is going to use against me in our divorce case. These conversations were about finances. Can she use this? Did she need to disclose to me that she was record...

    Christopher’s Answer

    Yes, you don't have to know you are being recorded. However, just because she has these recording doesn't necessarily mean they will be admitted as evidence, they will have to be relevant and pass the other rules of evidence first.

    See question 
  • I NEED a good criminal attorney to help with an expungement. I have 15 days left to appeal..

    10 years ago I was 19 and hanging around the wrong group of friends, they did a robbery (which I was not involved in) and they brought goods back to an apartment I was renting. I was charged with possession of stolen property. It's been 10 years a...

    Christopher’s Answer

    • Selected as best answer

    Call an attorney and provide them with a copy of the letter you received from BCI. We have seen this before where BCI frankly just gets it wrong. There is a process you can go through to contest their information and correct your record, it often takes a great deal of time and effort, but is possible to correct.

    See question 
  • Will i do jail time for a disorderly, intox, and threat against life? i have never had any charges before.

    An under age kid on a motorcycle came flying past my house at over 60 mph. the speed limit is 15. he almost hit my 7 year old and her friend on there bikes. I found where he lived and was going to go talk with the parents and they were not availa...

    Christopher’s Answer

    I would agree with the previous attorneys who responded here, the key is to hire good representation to defend you in this matter. From the summary you provided, this doesn't sound like the type of case which would merit jail time or a criminal record. Call an attorney and discuss all options or your defense.

    See question 
  • Is it statutory rape if a 16 year old male gets a 14 year old pregnant? She will be 15 in 2 weeks

    They are still together living with eachother

    Christopher’s Answer

    He could be charged with unlawful sexual activity with a minor as a Class B Misdemeanor. You can read the applicable statute in Utah here: http://le.utah.gov/xcode/Title76/Chapter5/76-5-S401.html

    See question 
  • When is it considered adultery in a marriage? Husband left me and the kids in April 2015. I just found out he is with someone.

    When my husband left me and my kids I kept asking him if he was seeing someone. He would ignore my question. I checked the cell phone bill and saw that there was a number I was not familiar with and he was still living with me when the phone excha...

    Christopher’s Answer

    In Utah, a married person commits adultery when he voluntarily has sexual intercourse with a person other than his/her spouse. So if he had intercourse with the new girlfriend, yes it would be considered adultery and you could file based on the fault ground of adultery.

    See question 
  • So my ex husband hasn't paid me alimony in almost 2 yrs. what do I need to do?And how do i go about it?

    divorce was finalized Feb. 2013 the last payment i received was Oct. 2013. He stopped paying me and told me there were still fees from when my car was inpounded. But it was sold at the police auction for 500 dollars which should have covered the i...

    Christopher’s Answer

    You can file a motion for order to show cause to hold him in contempt on this issue. Unless the decree specifically states otherwise, he can't unilaterally decide to deduct from his alimony amounts what he believes you owe for other debts etc. You should consider hiring a lawyer to enforces this issue.

    See question