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Workplace Violence Protective Order

Introduction

This page explains what a Workplace Violence Protective Order is, and how to request one.

You can also learn about

If you are unsure what kind of protective order you need, visit our page on Protection from Abuse.

 

What is a Workplace Violence Protective Order?

A Workplace Violence Protective Order can help to stop violence in the workplace. It can order someone to:

  • Not to hurt or threaten to hurt employees while they are at work
  • Stay away from a workplace

Utah Code 78B-7-1101 to 78B-7-1105

 

Who can get a Workplace Violence Protective Order?

If you are an employer, you can ask for a Workplace Violence Protective Order. You can request it to protect your business, your employees, or both. If one of your employees has been targeted for workplace violence, you will need to try your best to let them know that you are asking for the protective order.

To ask for a Workplace Violence Protective Order you must have a reasonable belief that:

  1. The person you want the protective order against (called the respondent):
    • Has knowingly hurt one of your employees or threatened to hurt them or
    • Has caused significant damage to the business' property or threatened to
  2. The respondent's actions or threats would make a normal person feel terrorized, frightened, intimidated, or harassed.

 

How can I get a Workplace Violence Protective Order?

To ask the court for a Workplace Violence Protective Order, follow these three steps:

Step 1 - fill out the paperwork and file it with the court

Fill out these forms:

  • 1301PO
  • 1303PO
  • 1307PO
  • 1049XX

Once you have everything filled out, file your papers with the court. If you are not sure how to do this, read the instructions about filing.

 

Step 2 - wait for the court's decision

The court will read the papers and decide whether to grant or deny your request for a temporary protective order.

If the court grants your request:

  • The court will give you a temporary order that only lasts for 21 days.
  • The person you want the order against will be given the temporary order. It starts working when they receive it.
  • The court will plan a hearing within 21 days.

If the court denies your request:

If the court doesn't grant your request, you can ask for a hearing. You can ask for a hearing. File this paper within five days:

  • 1302PO

The hearing is a chance for you to talk to the court and try to convince them to give you the protective order. Bring any proof you have and show it to the judge. There won't be a temporary order during this time.

The court will give the respondent the papers about the request and hearing. They might come to the hearing.

 

Step 3 - attend the hearing

If the court gives you a temporary order, they will schedule a hearing within 21 days. You can find the date and time on the temporary order.

Make sure you go to the hearing. During the hearing, you and the respondent will have the chance to show evidence and talk about why the court should or should not give a protective order for three years. Usually, you get to talk first and show your proof. Then, the other person will have time to talk and show their proof.

Here are some important things to know:

  • If the other person doesn't come to the hearing, the court might give the protective order without their input.
  • If you don't come to the hearing, the court will cancel the temporary order.
  • If the other person hasn't received a copy of the temporary order before the hearing, go to the hearing and ask for an extension of the temporary order. Otherwise, the case will be canceled.

The court can make the 21-day temporary order last longer, but only in certain situations. These include when someone swears they cannot come to the hearing for a good reason, if the other person has not received the temporary order, or if there are urgent and important things happening.

If your case is in Districts 1, 2, 3, or 4, a special person called a commissioner will listen to your case. In other districts, a judge will listen.

After hearing both sides, the judge or commissioner will decide whether to cancel the temporary order or give a final protective order. If the court issues a final protective order, the temporary order will stay until it is given to the other person.

 

Enforcing the protective order

Not complying with a Workplace Violence Protective Order is against the law and considered a serious offense. It is called a class A misdemeanor.

If the respondent disobeys the protective order, can call 9-1-1 for help. The first time someone breaks the protective order, they can be punished with up to 364 days in jail and a fine. If they continue to violate the order, it becomes even more serious. It becomes a third-degree felony. That can lead to up to five years in prison. To find out more about the penalties for crimes, visit the criminal penalties web page.

Responding to a Workplace Violence Protective Order

If you receive a Workplace Violence Protective Order, here is what you can do:

  1. Read the order carefully and follow what it says. It is very important to obey the order because there can be legal consequences if you do not. To learn more about how the order is enforced, check the details above about enforcing the protective order.
  2. Go to the hearing. The hearing is your chance to tell your side of the story to the court.

Take any proof or people who can support your side of the story to the hearing.

During the hearing, the person who asked for the protective order (called the petitioner) will talk first and show their proof. After that, it will be your turn to talk and show your proof. 

At the hearing, the petitioner needs to show two things:

  1. That you knowingly hurt an employee, caused significant damage to the business' property, or you threatened to.
  2. That what you did or said would make a reasonable person feel scared, frightened, intimidated, or harassed. 

 

Asking to change a Workplace Violence Protective Order

Both the person who asked for the protective order (the petitioner) and the person the order is against (the respondent) can ask for changes to the protective order. But, the petitioner needs to agree to the changes. If you want to ask for changes, you can do it by filling out a form -  called "Motion to Modify or Dismiss Protective Order." You can find the forms below.

 

Forms

To ask for a protective order

  • 1301PO
  • 1303PO
  • 1307PO
  • 1049XX
  • 1302PO

To ask to change a protective order

  • 1310PO
  • 1110GE
  • 1311PO

Other forms

  • 1304PO
  • 1305PO
  • 1306PO
  • 1308PO
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