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
Utah Code 78B-7-605(1).
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.
Utah Code 78B-7-603(12).
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.
Utah Code 78B-7-603(10).
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.
Utah Code 78B-7-606(1)
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