Resource for a Recourse: Online Resource Center for Survivors of Abuse

UTAH : Restraining Order & Order of Protection Information

TYPES OF PROTECTIVE ORDERS
BENEFITS
COSTS
VIOLATIONS

Abuse, for purposes of filing for a protective order in UT, is defined by law as:

physically hurting you on purpose
trying to physically hurt you
making you afraid that you will be physically hurt

You can get a protective order if your abuser is:

a current or former spouse
a dating partner you live with or have lived with
a person related to you by blood or marriage
a person you have a child with
a person you have an unborn child with
a person you live with or have lived with previously in the same residence

Under the legal definition, same-sex partners may file for protective orders if they have lived together. However, it will be up to the judge to decide whether or not you are granted one.

Types of protective orders:

An Ex Parte Protective order

This is designed to protect you from the abuser until you can have a court hearing for a full protective order. Ex parte means that your abuser is not present when your petition is presented to the judge, and does not have to know that the order has been requested. A judge will grant you an Ex Parte order if he/she believes that you are in immediate harm.

A Full Protective order

This can be issued only after a court hearing in which you and the abuser both have a chance to tell your sides of the story. It lasts longer and can offer more relief than an ex parte order. How long the full order will last will be determined by the judge who hears your case.

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Benefits:

A full protective order can:

Order your abuser to stop abusing you and your family
Order your abuser to stop contacting you or communicating with you in any way
Order your abuser to leave and stay away from your place of residence
Prohibit your abuser from interfering in any way with the utility services to your residence
Order the abuser to stay away from your school, place of employment, and other places that you, your children, or other household members go to often.
Prohibit your abuser from purchasing, using, or possessing a firearm or other weapon
Award you possession of your residence, automobile and/or other essential personal items
Order a law enforcement officer to come with you when you go Back to your residence to get any possessions that were awarded to you by the court
Order a law enforcement officer to be present when your abuser comes to remove any of his/her personal belongings from your residence
Order the Department of Child and Family Services to conduct an investigation into the possibilities of child abuse
Grant you temporary custody of your minor child/ren
Grant or deny visitation rights to your abuser, and/or require that the visitation be supervised
Order your abuser to pay child support
Order your abuser to pay spousal support
Order your abuser to pay any medical expenses that resulted from the abuse (Both your expenses and your child's)
Order any other relief that the court considers necessary for your safety and the safety of your household.

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Costs:

There is no filing fee to get a Protective Order.

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Violations:

Call the police or sheriff, even if you think it is a minor violation. It is a crime and contempt of court if the abuser knowingly violates the order in any way. An abuser can be arrested, fined and jailed for violating any provision in the order. Make sure a police report is filled out, even if no arrest is made. If you have legal documentation of all violations of the protective order it will help you have the protective order extended or modified. It is also a good idea to write down the name of the responding officer(s) and their badge number in case you want to follow up on your case.

If the police do not make an arrest in response to a violation of your protective order, you may still file civil charges against the abuser yourself in a district court. You may have to hire an attorney to file civil charges. If you feel that that an arrest should have been made by the police but they failed to do so, you can file a complaint through the attorney general's victim's rights council. The attorney general's phone number is (801) 366-0260. Or toll free at: 1-800-244-4636.

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