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Information about Civil Stalking Injunctions


What can I do if someone is stalking me?

If someone is stalking you, you can ask the court for a Civil Stalking Injunction. This is a court order that orders the stalker to stop stalking you.


What is stalking?

A person stalked you if that person did three things:

  • Stalked you two or more times. "Stalked" means that person stayed physically or visually close to you, or made threats directed at you.
  • Knew or should have known that the stalking would cause a reasonable person to be emotionally distressed or to be afraid of being physically hurt.
  • Actually made you or an immediate family member emotionally distressed or afraid of being physically hurt. An "immediate family member" means your spouse, child, sibling, or any other person who lives with you now, or who lived with you within the past 6 months.

Attention! Note! In addition to your own statements in the Request, you must provide some other evidence of stalking, like police reports, sworn statements from witnesses, audiotapes, photos, letters, etc.

For a complete definition of stalking, see Utah Code §76-5-106.5 and §77-3a-101 - 103.


How will the stalking injunction help me?

The Court can order the Respondent (the person who is stalking you) to:

  • Not stalk you,
  • Not contact or go near you, and
  • Not go near other people listed in the order.

How do I ask for a stalking injunction?

Fill out these forms:

  • Request for Civil Stalking Injunction - PDF Document PDF | Word Document Word
  • Temporary Civil Stalking Injunction - PDF Document PDF | Word Document Word

Then, take them to the court clerk in the county where you or the Respondent lives or where the stalking took place.


How much does it cost to ask for a Civil Stalking Injunction?

Nothing. It's free.


Where can I get these forms?

You can get the forms at any courthouse or law library. Or go to:
http://www.utcourts.gov/resources/forms/civilstalking/


How long does the order last?

It will last up to 3 years. See Utah Code §77-3a-101(9).


How will the Respondent know about the order?

The sheriff or constable will "serve" (give) the Respondent a copy of the order.


How will I know if the injunction has been served?

Contact the sheriff's office every 30 days to check. after 60 days, you may want to contact the court to file a motion for alternative service or service by registered mail.


When does the injunction begin to protect me?

When it is served on the respondent.


What if the Respondent does not obey the order?

Call the police. After being served, the Respondent can be arrested and charged with a crime, if he does not obev the order.


Do I have to go to court?

Yes. You have to go to court to file your court forms. And, if the Respondent fights the case, you will have to go to a hearing. The court clerk will give you a date for the hearing.


Do I need an attorney?

No. But it is a good idea. For a list of free or lowcost legal services, click here to see where you can go to speak to a lawyer for free for about 20 minutes:
http://www.utcourts.gov/howto/legalclinics/


What proof should I bring to the court hearing?

In addition to your own statements made in court under oath, bring any other proof of the stalking that you have. You can bring:

  • Witnesses
  • Photos,
  • Police reports, or
  • Threatening letters, e-mails, or phone messages.

Will I see the Respondent at the court hearing?

If the Respondent goes to the hearing, yes. But the Respondent does not have the right to speak to you. If you are afraid, tell the court bailiff.


Can I bring someone with me to court?

Yes. You can bring someone with you to the hearing. But that person cannot speak for you in court, or sit at the table with you. Only you or your attorney (if you have one) can speak for you.


What if I don't speak English?

When you file your papers, ask the clerk to send a court interpreter to your hearing. Do not ask a child or a friend to interpret for you.


What if I am deaf?

Contact the clerk at least one week before the hearing. Ask for an interpreter or other accommodation.


Need more information?

See our Finding Legal Help page



Page Last Modified: 11/20/2014
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