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Dating Violence

Need help?

If you are in danger, call: 911

Or call the Domestic Violence Hotline. They can help you find emergency housing, medical care, and support and advocacy for you and your children.

Call toll-free: 800-897-5465

 

Introduction

If someone has harmed you they may have committed a crime. For your personal safety, and to file a criminal complaint, contact your local police. You can also help protect yourself by filing a Request for a Cohabitant Abuse Protective Order if you and the other person are cohabitants or by filing a Request for a Dating Violence Protective Order if you and the other person are dating partners. The following information provides guidance on which Protective Order is appropriate for your situation, and provides instructions on how to obtain a Protective Order.

 

Parties

The person who requests a Protective Order is called the Petitioner. The other person is called the Respondent.

 

Statutes

If there is a difference between the statutes and rules and the information on this website the statutes and rules govern.

 

Interpreters

If you are hearing-impaired or do not speak English, tell the court clerk you need an interpreter. The interpreter is provided free of charge.

 

Attorneys

The parties may hire their own attorneys or represent themselves. Help for Petitioners may be available from:

In Salt Lake County

Legal Aid Society of Salt Lake (legalaidsocietyofsaltlake.org)
801-238-7170
Scott Matheson Courthouse, Room W17,
450 South State Street
Salt Lake City, UT 84111

Legal Aid Society of Salt Lake (legalaidsocietyofsaltlake.org)
801-328-8849
205 North 400 West
Salt Lake City, UT 84103

In all counties

Utah Legal Services (andjusticeforall.org)
801-328-8891 in Salt Lake County
800-662-4245 in other counties
9:00 a.m.-5:00 p.m., Monday - Friday

Or contact:

Utah Domestic Violence Council (udvc.org)
800-897-5465

 

What can a Protective Order do?

A Cohabitant Abuse Protective Order can:

  • Provide protection to someone abused by a cohabitant.
  • Order the Respondent not to harm the Petitioner, the Petitioner's children, or anyone who lives with the Petitioner.
  • Order the Respondent not to contact or harass the Petitioner in any way.
  • Order the Respondent to stay away from the Petitioner and the Petitioner's home, job, vehicle or school, and order the Respondent to stay away from the Petitioner's relatives and anyone who lives with the Petitioner.
  • Order the Respondent not to have any guns or other weapons.
  • Order temporary possession of the home, car, and essential personal property.     
  • Order temporary child support, custody, and parent-time.
  • Order temporary spousal support if the Petitioner and Respondent are married.
  • Order the children not to be removed from Utah.

A Cohabitant Abuse Protective Order is not a substitute for divorce. Permanent child custody, parent-time, support, and division of property orders require a divorce decree, or a similar type action if the Petitioner and the Respondent are not married but have a child together.

A Dating Violence Protective Order can:

  • Provide protection to someone abused by a dating partner.
  • Order the Respondent not to harm the Petitioner, the Petitioner's relatives, or anyone who lives with the Petitioner.
  • Order the Respondent not to contact or harass the Petitioner in any way.
  • Order the Respondent to stay away from the Petitioner and the Petitioner's home, job, vehicle, or school, and order the Respondent to stay away from the addresses of the Petitioner's relatives and anyone who lives with the Petitioner.
  • If the Petitioner and the Respondent work together or go to the same school, issue orders to help ensure that the provisions in the Dating Violence Protective Order are not violated.
  • Order the Respondent not to have any guns or other weapons.

 

What to do if the Respondent disobeys the Protective Order.

  • Call the police and report that the Respondent has disobeyed the Protective Order.
  • When the police respond, show the officer a copy of the Protective Order. Ask the officer for the police case number. Ask the officer to refer the case to the prosecutor for screening even if no one is arrested.
  • The police can arrest the Respondent for not obeying a Protective Order. If the judge finds that the Respondent disobeyed the Protective Order, the judge can order the Respondent to pay a fine or go to jail or both.

 

Who can get a Protective Order?

The Petitioner can get a Cohabitant Abuse Protective Order if:

  • The Respondent has harmed the Petitioner or the Petitioner is afraid the Respondent will harm the Petitioner,
  • The Petitioner and Respondent are cohabitants, meaning that the Petitioner and Respondent have a certain type of relationship, such as they are related, live with or used to live with each other, are parents of a child together, or the Petitioner is pregnant by the Respondent, and
  • The Petitioner and Respondent are at least 16 years old, married, or emancipated.

The Petitioner can get a Dating Violence Protective Order if:

  • The Petitioner and the Respondent are dating partners,
  • The Respondent has harmed the Petitioner or there is a substantial likelihood that the Respondent will harm the Petitioner,
  • The Petitioner and Respondent are not and have never been married, are not living together and have never lived together, and do not have any children together, and
  • The Petitioner and Respondent are at least 16 years old, married, or emancipated.

In determining whether the Petitioner and Respondent are dating partners the court will consider factors such as:

  • Whether the parties developed interpersonal bonding above a mere casual fraternization.
  • The length of the parties' relationship.
  • The nature and the frequency of the parties' interactions, including communications indicating that the parties intended to begin a dating relationship.
  • The on-going expectations of the parties, individually or jointly, with respect to the relationship.
  • Whether, by statement or conduct, the parties demonstrated an affirmation of the relationship to others.
  • Whether other reasons exist that support or detract from a finding that the parties have developed a dating relationship.

If the Petitioner or Respondent are under 16 and not married or emancipated, an adult may ask for a Child Protective Order on behalf of the child who has suffered abuse. If the Petitioner doesn't qualify for a Protective Order, s/he may still be able to get a Stalking Injunction.

 

"Harm" means:

  • Actions such as hitting, kicking, pushing, pulling hair, using a weapon, or other types of physical attacks.
  • Stalking, harassing, kidnapping, or sexual assault.
  • Restricting movement, or stopping someone from calling for help.
  • Breaking things or throwing things to intimidate.
  • Trying or threatening to do any of these things.

 

How to request a Protective Order

There is no fee for requesting a Protective Order. You must fill out forms, file them with the court, and attend court hearings. The County Sheriff will serve the petition and order on the Respondent.

  • The Online Court Assistance Program will help you prepare the necessary forms.
  • Fill-in-the-blank forms are on this website, or you may get them at a domestic violence shelter. You may dial 211 for information on other domestic violence resources that may be available.

Take the completed forms and a form of personal identification to the district court in the county where you or the Respondent live or where the abuse took place.

Locate the clerk's office. Tell the clerk that you want to file a Request for a Protective Order. Show the clerk your drivers license or other identification. The clerk will:

  • Check your paperwork and your identification.
  • Watch you sign the Request.
  • Sign the Request to confirm your signature and assign a case number and a judge. You will need your case number and the judge's name for other forms you will have to fill out.
  • Take you and/or your papers to a judge for the temporary protective order review.

 

Temporary Protective Order

If the Request for a Protective Order convinces the judge that immediate protection is needed, the judge will sign a Temporary Protective Order. The Temporary Protective Order starts as soon as the Sheriff serves a copy on the Respondent and lasts until the court hearing for the Final Protective Order. The judge can extend the Temporary Protective Order if the Respondent has not been served before the hearing or if there is some other delay.

The court clerk will:

  • give a copy of the Temporary Protective Order to the Petitioner;
  • send a copy of the Temporary Protective Order to the County Sheriff to serve on the Respondent; and
  • enter information about the Temporary Protective Order in the Statewide Domestic Violence Network so it can be accessed by all law enforcement agencies in Utah.

If the judge does not enter a Temporary Protective Order it usually means there was not enough evidence that the Petitioner was harmed and there is not a substantial likelihood that the Petitioner will be harmed. If the judge does not enter a Temporary Protective Order, the Petitioner may still request a hearing for a Final Protective Order and the Petitioner may present more evidence at that hearing.

To request a hearing, the Petitioner must file a Request for Hearing with the court. The court will notify the Petitioner of the hearing and have the Respondent served with the Petition and notice of the hearing. There will be no Temporary Protective Order in place during this time. If you are concerned for your safety, you should take steps to protect yourself. If the Petitioner does not request a hearing the petition will be dismissed.

 

Hearing for the Final Protective Order

The hearing for the Final Protective Order will be held within 20 days after the Request for a Protective Order is filed. The date and time for the hearing will be listed on the Temporary Protective Order.

If the Respondent has not been served with a copy of the Temporary Protective Order before the hearing, the Petitioner should still attend the hearing and request an extension, or the case will be dismissed.

 

Final Protective Order

If the judge enters a Final Protective Order, the clerk will give the Petitioner a copy. If the Respondent is at the hearing, the clerk will give the Respondent a copy. If the Respondent is not at the hearing, the Sheriff will serve a copy on the Respondent.

The court clerk will update the information about the Final Protective Order on the Statewide Domestic Violence Network so it can be accessed by all law enforcement agencies.

There are two parts to a final Cohabitant Abuse Protective Order: a civil section and a criminal section. The provisions in the civil section last for up to 150 days from the date the judge signs the order. The provisions in the criminal section last indefinitely, although the Respondent may request that they be dismissed after 2 years. The Petitioner and the Respondent can ask the judge to lengthen or shorten these times, but they must show a good reason for doing so.

A final Dating Violence Protective Order lasts for 180 days.

 

How to change or dismiss a Protective Order

A Temporary or Final Protective Order cannot be changed or dismissed without the judge's approval. If the Respondent does something that the order prohibits, he or she might be arrested, even if the Petitioner encouraged the Respondent's actions.

If you want to change the Protective Order you must file a Request to Modify the Protective Order.

If you want to dismiss the Protective Order, you must file a Request to Dismiss the Protective Order.

The court will not dismiss the final Cohabitant Abuse Protective Order in the first two years without the Petitioner's written and sworn approval. The parties will be notified of any request to dismiss or modify the order. The parties must notify the court if they move to a new address.

The court will not dismiss a final Dating Violence Protective Order unless the Petitioner agrees that the order may be dismissed.

 

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