Protective orders are legal directives issued by a judge or court requiring the individual named in the order to maintain a specified distance from or avoid any contact with the person seeking protection. These orders are designed to safeguard individuals who may be victims of domestic violence, abuse, or stalking.

What can a protective order provide?

A protective order can mandate the following:

  • Prohibit your spouse or abuser from harming you.
  • Require your spouse or abuser to stay away from you.
  • Forbid your spouse or abuser from contacting you.
  • Ban your spouse or abuser from possessing any weapons.
  • Ensure that your children stay within the state and are not relocated.

Who can obtain a protective order in Utah?

In Utah, anyone who has experienced abuse, domestic violence, or faces a substantial likelihood of such can request a protective order. To obtain a protective order, you must complete the necessary paperwork and submit it to the court. If approved without a hearing, an ex parte temporary order will be issued, and within twenty days, a hearing for a permanent order must be held. You may attend the hearing to present your case to the court.

During the hearing, you can provide evidence and witnesses to support your need for protection. The court may also allow questions and testimony from the other side. While having an attorney is not mandatory, it is highly recommended, as an attorney will be familiar with the law and can effectively advocate for your case.

Our Utah family attorneys can help you with documents requesting a protective order and provide additional options to ensure your protection.

Who qualifies for a protective order?

To qualify for a protective order, the petitioner must demonstrate to the court that they are in danger or at risk of harm. This includes physical violence, threats of violence, or other forms of abuse. The court will consider the circumstances and evidence presented to determine the necessity of issuing a protective order.

What happens if a protective order is violated?

Violating the terms of a protective order can lead to significant legal consequences for the offender, providing the petitioner with criminal recourse. If the order is violated, the police are required to intervene, and the violator may be charged with a crime, leading to prosecution.

Does a Utah protective order only work in Utah?

Under federal law, Utah must honor and enforce valid protective orders issued by other states and vice versa. This means that a protective order remains effective and enforceable even if the petitioner moves to or visits a different state. This cross-state recognition ensures continuous protection for the petitioner regardless of their location in the United States.

Contact Christensen Law for a Utah Protective Order

Protective orders can be vital for those facing significant threats, providing them with legal recourse and immediate protection. However, the process of obtaining a protective order can be complex, and they can sometimes be denied in court due to simple technicalities. To decrease this risk and ensure the best possible outcome, it is crucial to contact a qualified lawyer. Our attorneys at Christensen Law are experienced in obtaining protective orders and will advocate on your behalf, ensuring that the necessary protections are in place.

Call 801.303.5800 or utilize our online contact form to schedule a consultation.

Utah Protective Orders FAQ

How long does a protective order last?

If the protective order was issued after May 5, 2021, then the civil provisions of the protective order generally last 150 days unless the court finds good cause for extending the expiration date. The criminal provisions of the protective order will typically expire after three years.

If the protective order was issued between July 1, 2020 and May 4, 2021, the criminal provisions will typically expire after three years.

If the protective order was issued before July 1, 2020, it could have one of several different expiration dates, including 180 days, one year, 10 years, or no expiration date. Read the order carefully.

What forms are you required to file for a protective order?

  • Request for Protective Order
  • Temporary Protective Order
  • Protective Order
  • Service Assistance Form

What are the types of protective orders?

  • Cohabitant Protective Order
  • Dating Violence Protective Order
  • Sexual Violence Protective Order
  • Workplace Violence Protective Order
  • Child Protective Order
  • Civil Stalking Injunction

What to do if a protective order is made under false accusations?

If faced with a protective order based on false accusations, it is important to respond effectively. Refrain from any contact with the accuser and promptly seek guidance from an experienced attorney. Follow all directives in the order. Gather all evidence like location data, camera footage, electronic communication, and witness information to counter the false claims, but do not destroy any potentially incriminating evidence. Give all evidence to your attorney as early as possible. Attend all court proceedings and follow the protective order, which will demonstrate your commitment to resolving the matter lawfully. Protective Orders raise questions of constitutional rights (due process).

Does a protective order really protect me?

The Protective Order gives law enforcement officers something they can use to act with clarity in a domestic situation. You should always use your best judgments and efforts to preserve your safety. Legislators recognize that serious violent offenders are the most likely to ignore protective orders.

Helpful Links:

Domestic Violence & Protective Order PDF