Required forms for the applicant
Optional forms for the applicant
|The forms on this page should only be used in extreme emergencies. An extreme emergency is where there is a serious risk to someone's physical safety, or risk of other harm that cannot be undone.|
A temporary restraining order (TRO) is a short-term emergency order. To request one, you must already have a case on file with the court, such as a divorce or custody case. This is sometimes called the "underlying case."
A TRO should only be used for extreme circumstances. A TRO is only appropriate where there will be irreparable harm unless the court issues an order. Irreparable harm is harm that cannot be undone.
If the court decides to issue an order, it can do so immediately. The court might not tell the other party in the case about the order.
You can use the forms on this page for any kind of civil case. The papers are filed as a part of your underlying case. You can file the papers to start the court case and request the TRO at the same time.
TROs are governed by Utah Rule of Civil Procedure 65A.
Often a TRO is not appropriate. If your case involves divorce or child custody, you might have other options.
If you have…
Some options include…
not started a court case
you believe a child is being harmed
a Utah court order involving divorce or custody
the other party is not following the court order (for example, not paying alimony or allowing you to have parent-time)
filing a Motion to Enforce Domestic Order asking the court to enforce its order.
a child custody order from another state
the other party is not following the court order
A TRO is not the same as a protective order. Some people say "restraining order" when they mean a court order that protects people in domestic violence or civil stalking cases. If you want a court order to protect you from abuse, please see the web pages on child protective orders, civil stalking injunctions, and protective orders.
A TRO can be issued immediately. It can order:
If the court issues a TRO that requires a party to immediately return the children to the other party it could issue a Writ of Assistance. A Writ of Assistance to Remove Children is a court order authorizing law enforcement to take physical custody of children. This is only appropriate in extreme emergencies.
The Writ can authorize law enforcement to use force. This can involve breaking down someone's door to enter and using force to physically remove the children.
The judge may require you to deposit money or post a bond with the court. The money or bond is posted to cover costs, attorney fees or damages the other party might have to pay if they can show the TRO should not have been issued.
If you want the court to issue a TRO, you must show:
Fill out all of the forms:
No matter who is asking for the TRO, whoever is the plaintiff or petitioner in the underlying case is still the plaintiff or petitioner, and whoever is the defendant or respondent in the underlying case is still the defendant or respondent.
If you do not notify the other party you must show the court either:
3. File the paperwork in same court where the underlying case is filed.
4. Wait. A judge or commissioner will review the documents the day you file them and decide whether to sign the Order on Application for Temporary Restraining Order and Notice of Hearing. If the judge or commissioner signs the order, it becomes a TRO.
5. Serve the papers and enforce the writ. Have the Order on Application for Temporary Restraining Order and Notice of Hearing (and Writ of Assistance, if applicable) personally served on the other party by a sheriff, constable or private investigator.
If the other party is represented by an attorney, or if the order is about children and the children are represented by a Guardian ad Litem, a copy of the documents must be mailed, hand delivered, or emailed to them.
If the court signed a Writ of Assistance, contact the local police department and make arrangements with them to enforce the writ.
If the other party in your case has requested a TRO against you and you disagree with what it says, you have options. What you do depends on whether the TRO has been issued or not.
You must give the party who obtained the TRO 48 hours' notice that you are requesting the hearing. You must try your best to deliver them a copy of what you are filing. The court will have a hearing and make a ruling as soon as it reasonably can under the circumstances.
The forms you need depend on your case. What is your case about?