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Protective Orders
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You can also contact the Domestic Violence Hotline. They can help people find resources for emergency housing, medical care, and support and advocacy for you and your children. Call toll-free: 800-897-5465, or visit the Utah Domestic Violence Coalition website.
Contact Utah Legal Services to see if you qualify for free legal representation.
Call 800-662-4545
Monday through Friday
9:00 am - 2:00 pm
or
Contact Timpanogos Legal Center for help with preparing your documents.
Call their Hotline 801-649-8895
Monday through Friday
9:00 am – 2:00 pm
After hours leave a message
These web pages provide information about protective orders and stalking injunctions:
- Child Protective Order
- Cohabitant Protective Order
- Dating Violence Protective Order
- Sexual Violence Protective Order
- Civil Stalking Injunction
- Expunging Civil Protective Orders and Civil Stalking Injunctions
See the Finding Legal Help web page for information about free and low cost ways to get the help of an attorney.
Introduction
This page is about how to ask for or respond to a cohabitant, dating violence or sexual violence protective order.
Some people call this kind of order a "restraining order," but the legal term is "protective order."
About protective orders
The person asking for the order is called the petitioner. They can be protected, along with others like their children.
The person the order is requested against is called the respondent.
If the court finds the respondent threatened or tried to harm the petitioner, the order can:
- prevent the respondent from contacting or communicating with people
- stop the respondent from threatening violence
- make the respondent stay away from the petitioner's home, work, school, or place of worship
- not allow the respondent to have guns or weapons
A protective order can also temporarily give the petitioner custody of any shared children.
If the respondent violates a protective order, they can be arrested and charged with a crime.
What kind of protective order?
There are different kinds. Answer the questions below to understand which one might be right for you.
What is your relationship to the person you need protection from?
What is a cohabitant? You are if, regarding the person you need protection from, you:
- are or were married,
- live or used to live together
- are or were in a consensual sexual relationship
- are related as a parent, step-parent, child, step-child, grandchild, grandparent, sibling, aunt, uncle, niece or nephew or
- have or had children together, or are expecting a child
If you are facing abuse, including:
- Physical harm (such as hitting, kicking, pushing, pulling hair, using a weapon or other physical attacks)
- Threats of violence or physical harm (such as breaking things or throwing things to intimidate), or
- Domestic violence, as defined Utah Code 77-36-1 including sexual violence
Then you can ask for a Cohabitant Protective Order. Our general page on Protective Orders tells you how to ask for one. You must be 16 or older.
If you are under 18, you cannot ask for a protective order against your parent or your minor sibling. Read about Child Protective Orders for another option.
What is a dating relationship?
- A social relationship of a romantic or intimate nature, or a relationship which has romance or intimacy as a goal by one or both parties, regardless of whether the relationship involves sexual intimacy.
If you were in a consensual sexual relationship, you would be considered to be cohabitants –see above.
A dating relationship does not mean casual fraternization in a business, educational, or social context.
If you are facing dating violence or abuse, which can include:
- Physical harm (such as hitting, kicking, pushing, pulling hair, using a weapon or other physical attacks)
- Threats of violence or physical harm (such as breaking things or throwing things to intimidate)
Then you can ask for a Dating Violence Protective Order. Our general page on Protective Orders tells you how to ask for one. You must be 18 or older or be emancipated.
Sexual assault can include:
- Rape
- Object rape
- Sodomy
- Forcible sodomy
- Forcible sexual abuse
- Aggravated sexual assault
- Custodial sexual relations
- Custodial sexual misconduct
- Indecent liberties
- Sexual exploitation of a vulnerable adult or a child
- Distribution of an intimate image
- Sexual extortion
- Human trafficking for forced sexual exploitation
- Aggravated human trafficking for forced sexual exploitation
You can ask for a Sexual Violence Protective Order. Our general page on Protective Orders tells you how to ask for one.
See our Civil Stalking Injunctions page for information and forms.
If you are afraid that a minor has been or is being:
- physically abused
- sexually abused
- subject to a sexual offense. Utah Code 76-5b-201 and 76-5b-204 can help you understahd what qualifies as a sexual offense.
- subject to human trafficking. Utah Code 76-5-308.5 defines human trafficking.
Then you can file for a Child Protective Order.
A vulnerable adult includes a person who is 65 years old or older, or a dependent adult who has a mental or physical impairment which affects their ability to:
- provide personal protection
- provide necessities such as food, shelter, clothing, or mental or other health care
- obtain services necessary for health, safety, or welfare
- carry out the activities of daily living
- manage the adult's own financial resources
- comprehend the nature and consequences of remaining in a situation of abuse, neglect, or exploitation
If you are worried that a vulnerable adult is facing:
- physical or sexual abuse
- emotional or verbal abuse
- caretaker neglect
- self-neglect
- exploitation
Then you can file a report online with Adult Protective Services or call 1-800-371-7897 to make a report.
If you are an employer and someone came to your business causing workplace violence, including:
- hurting an employee or threatening to
- causing significant damage to the business' property or threatening to
Then you can file for a Workplace Violence Protective Order.
If a minor child (under 18 years old) is in danger of physical or sexual abuse, see the Child Protective Orders web page .
How a protective order is issued
Step 1 – Petitioner fills out the required forms and files them with the court
The petitioner fills out the required forms:
- Request for Protective Order
- Temporary Protective Order
- Protective Order
- Service Assistance Form
Forms are in the Forms section.
Some form names will be slightly different depending on the kind of protective order requested.
There is no filing fee or cost for the court forms to ask for a protective order.
The petitioner files the papers in the district court in the county where either the petitioner or the respondent lives, or where the events occurred. Utah Code 78B-7-104.
The papers to start a protective order case can be filed in person, by email, or by mail.
Step 2 – The court reviews the request
When a Request for Protective Order is filed, a judge will usually review the request the same day. The judge will either:
Grant the request
The judge will sign a temporary "ex parte" protective order and schedule a hearing within 21 days. Usually the temporary order will only last until the hearing. The sheriff or constable will serve a copy of the order on the respondent if they are in Utah. If the respondent is outside of Utah, the petitioner must contact a sheriff or constable in the state where respondent lives to arrange for service. The order becomes effective once it is served.
In a cohabitant protective order case, the respondent can ask for a hearing sooner than the scheduled hearing by filing a Respondent's Request to Vacate Temporary Protective Order form before the hearing date. However, this might not actually change the hearing date. Utah Code 78B-7-604(4).
Deny the request
If the judge denies the request for a protective order the petitioner can ask for a hearing to present evidence to try to convince the court that a protective order should be issued. To ask for a hearing, the petitioner must file a Request for Hearing form with the court within five days. The court will have the respondent served with the Petition and notice of the hearing. No Temporary Protective Order will be in place during this time.
Step 3 – The petitioner and respondent go to the hearing
If the court grants a temporary protective order, it will schedule a hearing within 21 days. The date and time for the hearing will be written on the temporary protective order.
The hearing is to give both parties a chance to present any evidence and argument about why the court should or should not issue a three-year protective order. Both parties should bring any evidence and witnesses they have to the hearing. If a party does not attend the hearing, or does not bring their evidence to the hearing, that party will miss their opportunity to present their side of the story and their evidence.
Both the petitioner and respondent should go to the hearing.
- If the respondent does not come to the hearing, the court may grant the protective order without any input from the respondent.
- If the petitioner does not come to the hearing, the court will dismiss the temporary protective order.
- If the respondent has not been served with a copy of the temporary protective order before the hearing, the petitioner can still attend the hearing and request an extension of the temporary protective order, or the case will be dismissed.
The court may extend the 21 day period for a temporary protective order only if a party swears they are not able to be present at the hearing for a good reason, the respondent has not been served with the temporary protective order, or if there are exigent (urgent and important) circumstances.
The hearing will be in front of a judge or a commissioner, depending on the district. In Judicial Districts 1, 2, 3 and 4, commissioners handle protective order cases.
After listening to both parties, the judge or commissioner will decide whether to dismiss the temporary protective order or to enter a final protective order. If the court issues a final protective order, the temporary protective order will remain in place until the final protective order is served on the respondent.
Final Protective Order
If the court issues a final protective order, both parties will get a copy of the order if they are at the hearing. If the respondent is not at the hearing but is in Utah, the sheriff will serve the respondent with a copy of the order. If the respondent is outside of Utah, the petitioner will have to arrange for a sheriff or constable to serve the respondent in the state where the respondent lives.
Enforcing the protective order
All protective orders have two parts: criminal and civil. The criminal part of the order includes the personal conduct, no contact, stay away, weapons restriction and property orders. The civil part can include orders on child custody, financial support, use of phones and utilities and retrieving personal property.
If the respondent violates the criminal parts of the protective order, the petitioner can call 9-1-1 for help. The first violation of a protective order is a class A misdemeanor, punishable by up to 364 days in jail and a fine. Subsequent violations are a third degree felony, punishable by up to five years in prison. See the criminal penalties web page for more information.
If either party violates the civil portions of the order the other party can file a motion to enforce order to ask the court to enforce the order, and the violating party could be held in contempt of court.
If respondent needs to get personal belongings
Sometimes a respondent is required to stay away from the petitioner's home, but the respondent needs to get personal belongings from the home. Here are some options for dealing with this situation:
- Contact the police to help get the belongings;
- File a motion with the court to change the order.
How long the order lasts
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, all of the 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.
Challenging the court's decision
Either party can challenge the court's decision. The process depends on whether a commissioner or a judge made the decision.
- If a commissioner made the decision, the petitioner or respondent can file an objection within 14 calendar days after the day on which the commissioner enters the recommended order. The assigned judge will hold a hearing on the objection within 20 days after the day on which the objection is filed. See the Objecting to a Commissioner's Recommendation web page for more information and forms.
- If a judge made the decision, the process to challenge the decision is to file an appeal with the Utah Court of Appeals. See the Appeals web page for more information.
Asking to extend a final protective order
If a petitioner wants to extend the time the protective order is in effect, they must file a request to extend the protective order before the day on which the order expires. The petitioner must have the respondent served with a copy of what they file. The court will schedule a hearing. At the hearing, the court must find that certain conditions have been met. What the court must find will depend on the type of protective order. See the Forms Section below and scroll down to the "Request to Extend a Protective Order" section.
Type of order |
What the court must find |
---|---|
Cohabitant protective order |
|
Dating violence protective order |
|
Sexual violence protective order |
|
If the court grants the request, the sheriff or constable will serve a copy of the order on the respondent if they are in Utah. If the respondent is outside of Utah, the petitioner must contact a sheriff or constable in the state where respondent lives to arrange for service. The order becomes effective once it is served.
If the court denies the request, the protective order expires on the date listed in the protective order.
Limit on extending sexual violence protective orders
A sexual violence protective order can be extended once, for three years. The petitioner can request a new sexual violence protective order if they need protection beyond the period of the original order + the three year extension.
Asking to change or dismiss a final protective order
The process to ask to change or dismiss a protective order depends on whether the petitioner or respondent is making the request.
Petitioner's request
The petitioner can ask to modify an existing protective order by filing a Request to Modify Protective Order at any time. The process is basically the same as explained above in the How a protective order is issued section. The petitioner files a request and the court decides whether or not to issue an ex parte modified order that will be served on the respondent.
The petitioner can ask to dismiss a protective order at any time by filing a Petitioner's Request to Dismiss Protective Order and having the documents served on the respondent. The court will schedule a hearing.
Respondent's request
The respondent can ask to modify or dismiss a protective order by filing a motion asking to modify the protective order, or a Respondent's Request to Dismiss Protective Order form. The request must be served on the petitioner, and the court will schedule a hearing.
Special rules for cohabitant protective orders
The respondent in a cohabitant protective order can ask the court to amend or dismiss the order that has been in effect for at least one year by filing Respondent's Request to Dismiss Protective Order. The request must show all of the following:
- the reason for the issuance of the protective order no longer exists
- the petitioner repeatedly acted contrary to the order or intentionally or knowingly tried to cause respondent to violate the order, and
- the petitioner's actions show that the petitioner no longer is reasonably afraid of the respondent
If the parties also have a pending divorce, parentage,custody, or guardianship case, the civil provisions of the protective order can be modified at any time through that pending case. In that pending case, the parties have to agree in writing or on the record to dismiss or modify the civil provisions of the protective order or the court must find good cause to dismiss or modify the civil provisions of the protective order.
The court cannot vacate the criminal provisions of a cohabitant protective order within two years of when it was issued unless certain conditions are met. The petitioner must appear at a hearing (after having been personally served by a sheriff or constable) or submit a verified affidavit agreeing to have the criminal provisions vacated.
Either party can file a motion to ask the court to extend the civil provisions beyond the 150 days. The court must find good cause to extend the expiration date of the civil provisions. We do not have forms specifically for this purpose. Please see Motions webpage for forms.
Firearms
A protective order can include language that prohibits the respondent from owning firearms. Read the protective order carefully, and consider talking to an attorney. See our Finding Legal Help web page for information about free and low ways to get the help of an attorney.
Registering an order from another state
A protective order from another state can be registered in Utah by filing a certified copy of the order and an Affidavit for Filing an Out-of-State Protective Order form in any district court.
Forms
Request a protective order
- Use OCAP, the Online Court Assistance Program to prepare all the documents needed to ask for a protective order.
or
- 1051XX
- 1052XX
- 1053XX
- 1048XX
- 1049XX
Optional form
- 1054XX
- Use OCAP, the Online Court Assistance Program to prepare all the documents needed to ask for a protective order.
or
- 1055XX
- 1057XX
- 1058XX
- 1059XX
- 1049XX
- 1201PO
- 1202PO
- 1203PO
- 1048XX
- 1049XX
Forms needed by petitioner to request a hearing for a protective order when the Temporary Protective Order has not been issued
- 1050XX
Request a protective order be changed
Forms needed by petitioner to request a Temporary Protective Order be changed
- 1056XX
- 1064XX
- 1048XX
Forms needed for petitioner to request a temporary sexual violence protective order be changed
- 1206PO
- 1048XX
- 1207PO
Forms needed for petitioner to request a final protective order be changed
- 1056XX
- 1064XX
- 1382XX
- 1048XX
Forms needed for petitioner to request a final sexual violence protective order be changed
- 1206PO
- 1048XX
- 1208PO
Request a protective order be vacated or dismissed
Forms needed by respondent to request a temporary protective order be vacated
- 1069XX
- 1067XX
- 1068XX
- 1049XX
Forms needed by petitioner to request a protective order be dismissed
- 1065XX
- 1067XX
- 1068XX
Forms needed by respondent to request a Final Protective Order be dismissed
- 1070XX
- 1067XX
- 1068XX
- 1049XX
Forms needed to request a temporary or final sexual violence protective order be dismissed
- 1209PO
- 1048XX
- 1210PO
Request to Extend a Protective Order
Forms needed to request a final cohabitant protective order be extended
- 1019PO
- 1020PO
Forms needed to request a final Dating Violence Protective Order be extended.
- 1110PO
- 1111PO
Forms needed to request a final sexual violence protective order be extended
- 1213PO
- 1214PO
Forms needed by Petitioner to request that a Protective Order from another state be registered in Utah
- 1071XX
- 1077XX
- 1212.1PO
- 1073XX
- 1076XX
- 1211PO
- 1075XX
- 1060XX
- 1074XX
- 1215PO
- 1072XX