Protective Orders
Protective Orders in Utah
A protective order, commonly referred to as a restraining order, is a legal directive issued by a court to safeguard individuals from abuse, harassment, or threats. In Utah, these orders are designed to prevent further harm by imposing specific restrictions on the respondent’s actions, such as prohibiting contact or mandating a certain distance from the petitioner’s residence or workplace.
Types of Protective
Orders in Utah
- Cohabitant Protective Order: Applicable when the petitioner and respondent are cohabitants, which includes spouses, former spouses, relatives, individuals who have a child in common, or those who reside or have resided together. This order protects against domestic violence or abuse.
- Dating Violence Protective Order: Designed for individuals in a dating relationship who have experienced violence or abuse.
- Sexual Violence Protective Order: Available to victims of sexual assault, regardless of their relationship with the respondent.
- Civil Stalking Injunction: Intended for individuals who are victims of stalking behaviors, irrespective of their relationship with the stalker.
- Child Protective Order: Filed on behalf of minors who have been subjected to or are at risk of physical or sexual abuse.
- Workplace Violence Protective Order: Allows employers to seek protection for their employees and workplace from individuals who pose a threat.
Process for Obtaining a Protective Order
- Filing a Petition: The petitioner completes the necessary forms, detailing incidents of abuse or threats.
- Temporary Protective Order: A judge reviews the petition and may issue a temporary order without the respondent’s prior knowledge to provide immediate protection. This order typically remains in effect until a court hearing, usually within 20 days.
- Court Hearing: Both petitioner and respondent have the opportunity to present evidence. Based on the evidence, the court determines whether to issue a final protective order.
FAQs
Who is eligible to file for a protective order in Utah?
Individuals who have been subjected to abuse or domestic violence, or when there is a substantial likelihood of abuse or domestic violence, can file for a protective order. This includes cohabitants, victims of dating violence, and victims of sexual violence.
What protections can a protective order provide?
A protective order can prevent the respondent from contacting or communicating with the petitioner, stop the respondent from threatening violence, require the respondent to stay away from the petitioner’s home, work, school, or place of worship, and prohibit the respondent from possessing guns or weapons. It can also temporarily grant the petitioner custody of any shared children.
How long does a protective order last in Utah?
A temporary protective order remains in effect until a court hearing, usually within 20 days. A final protective order may last up to three years, with the possibility of extension upon request.
Learn from the Experts
Our Blog
Understanding the Different Types of Protective Orders in Utah
Steps to Obtain a Protective Order: A Guide for Victims
Legal Consequences of Violating a Protective Order in Utah
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