Utah Protective Orders Laws

Abusive crimes take many forms, but all involve a victim suffering from an abuser. Utah offers an array of protective orders designed to provide relief for victims. While not foolproof, Utah protective orders threaten penalties serious enough to dissuade many abusers. These include jail time and significant fines.

With so many types of protective orders available in Utah, figuring out which one is right for your situation isn't easy. To help, we've created a guide that examines the different types of orders, explains whom they protect and how, and what a victim needs to do to get one. Read on for a better understanding of protective orders in Utah.

Utah Protective Orders Laws: How They Work

Abusive crimes are about power and control. The abuser gathers and maintains control over a victim using threats, intimidation, coercion, and violence. Victims can feel like they're trapped in a nightmare with no hope of escape. However, protective orders can help break the cycle of abuse.

Protective Orders in Utah: Provisions

Title 78B of Utah's Judicial Code includes eight different types of protection orders and injunctions. Utah law provides protection for the following situations :

• Child protective orders
• Dating violence protective orders
• Sexual violence protective orders
• Cohabitant abuse protective orders
• Civil stalking injunctions
• Criminal protective orders
• Criminal stalking injunctions
• Workplace violence protective orders

While focused on different offenses or separate groups of people, they seek the same basic goal. Provisions in the order dictate what the abuser or subject party can or cannot do concerning the victim or location seeking protection. These conditions are specific for each case, but there are some common inclusions:

• Stopping the abuser from committing or threatening to commit violence, sexual assault, sexual abuse, child abuse, physical harm, or stalking against the victim
• Issuance of no-contact orders
• Making the abuser surrender all firearms
• Keeping the abuser away from the victim's home, work, school, or other locations
• Temporary custody or support for a minor child
• Making the abuser leave a shared dwelling and not returning

This list is not exhaustive. The court can include any condition it deems necessary for the victim's protection. Under federal law, protective orders issued in Utah are valid anywhere in the United States, its territories, and on tribal reservations.

Protective Orders in Utah: How To Get One

Aside from slight differences we'll touch on in a bit, getting a civil protection or restraining order in Utah follows the same basic process. The victim (petitioner) fills out the required forms either in person, by mail, or via email. These include an affidavit. The Utah Online Court Assistance Program (OCAP) can help with this. There's no fee in Utah to file for a protective order.

A judge will review the request, often on the same day it's received. The court can approve and issue a temporary ex parte protective order. A protective order hearing date is then set within 21 days. This is done without speaking (ex parte) to the abuser (respondent). The temporary protective order contains provisions the petitioner requested, the court decreed, or both.

The respondent is served, often by a law enforcement agency such as a sheriff or a constable. The victim should not serve the papers to the respondent themselves. Once the order is served, the conditions of the temporary protective order are in effect until the hearing date.

At the court hearing, both sides can offer their arguments, call witnesses, and present evidence. If either the respondent doesn't show up or the court agrees there's a threat of further abuse, a final protective order is issued. Final protection orders have two parts: criminal and civil.

The criminal part focuses on restrictions such as no contact, staying away, and removal of firearms. The civil part deals with child support, spousal support, and personal possessions. Duration varies by the type of order and the court's discretion, but permanent protection orders often last between 150 days to three years.

Protective Orders in Utah: Violations and Penalties

Abusers who violate a Utah protective order encounter swift and heavy repercussions. Some offenses carry enhancements or allow penalties from convictions of the crimes committed during the violation to run consecutively. It's important for the victim to call a police officer for any violation, even if it doesn't end up leading to arrest.

Most criminal violations of Utah protective orders will fall under this penalty structure:

• First violation (class A misdemeanor): Up to 364 days in jail and/or a fine of up to $2,500
• Additional violations (third-degree felony): Up to five years in prison and/or a fine of up to $5,000

Violations are taken into account by the court when deciding legal issues like divorce, child support, child custody, and more. Civil violations are handled in the Utah courts through a Motion to Enforce Order.

Now that you have a better grasp on how Utah protective orders work, let's figure out which one is best for your situation.

Utah Protective Orders Laws: Orders Available

Protective orders can be issued in both criminal and civil cases. In a criminal case, the state brings the criminal charges. Thus, the police, prosecutors, and victim advocates become a key point of contact for the crime victim seeking such protection. Criminal protective orders will be issued by the criminal court judge or a designated judicial court officer.

Criminal protective orders can be issued in cases of domestic violence, sexual crimes, or crimes against children or vulnerable adults. They normally last for the life of the criminal case. A sentencing protective order may extend for a longer period than the ongoing court proceedings.

Violations often track the degree of the original offense. A criminal protection order violation for a felony criminal case will be a felony offense. Violation of a criminal protection order for a misdemeanor criminal case will be a misdemeanor.

A criminal court can issue a criminal stalking injunction in a case where an offender is convicted of stalking or attempted stalking. Violation of a criminal stalking injunction will be a felony offense.

Civil protective orders in Utah can be narrow in scope or cover a wide range of criminal acts. Although the process for issuing these orders occurs in civil court, violations of these orders can be a crime depending on the order at issue. In civil protection order cases, the victim or a qualified interested party brings the case (not the state). We've listed these orders below with explanations to help you find the one you need.

Child Protective Orders

Any adult can request a child protective order for a minor under 18 years of age. Minors aged 16 or older can request an adult protective order if their abuser is not a parent or a sibling. Before any child protection order petition, abuse must be reported to the Utah Division of Child and Family Services (DCFS).

Once the forms are filed, the process will proceed in juvenile court. An ex parte child temporary order is in effect for 21 days or until the hearing. The case may transfer to district court if:

• The district court better serves the best interests of the child
• The petitioner and respondent are the parents of the child
• The district court has a prior order or has a paternity, custody, parent-time, or divorce action pending with the petitioner and respondent

The duration of the final child protective order varies. It is common for it to last 150 days, but the court can lengthen or shorten it as it sees fit. The court also has the option to have the order remain in effect until the minor reaches age 18.

Civil Stalking Protection Orders (Injunctions)

As the name suggests, a civil stalking injunction is designed to keep an abuser from following, monitoring, threatening, or stalking the victim in any manner. Many acts may be considered stalking in Utah if they're committed at least twice. The burden is on the petitioner to prove the stalking through police reports, witnesses, recorded footage, and other methods.

Petitioners file a Request for a Civil Stalking Injunction in district court. The ex parte temporary civil stalking injunction is served by law enforcement within 90 days. Once served, the respondent has 10 days to request a hearing. If they don't or the court agrees the threat exists, the injunction becomes a final civil stalking injunction with a duration of three years.

Cohabitant Abuse Protective Order (Domestic Violence)

For an act to be considered domestic violence, it needs to conform with certain abusive crimes committed by people in a specific relationship. The participants need to be family, household members, or cohabitants under Utah law. For an in-depth examination of what qualifies as domestic violence in Utah and the programs in place to help victims, consult FindLaw's Utah Domestic Violence Laws article.

Filed in district court, a cohabitant abuse protective order protects victims from their abusers, who must share a close relationship. Ex parte cohabitant abuse protective orders last 21 days or until the hearing. If the final cohabitant abuse protective order is approved, the provisions can have different durations.

Civil conditions, such as child support and child custody, last for 150 days. Criminal provisions last for three years and are extendable. Violations under a cohabitant abuse protective order enhance the violation offense by one level. For example, a class B misdemeanor becomes a class A misdemeanor.

Dating Violence Protective Orders

Dating violence protective orders fill in the gaps between cohabitant abuse protective orders and sexual violence restraining orders. Dating violence abuse applies to those who have not lived together whether the relationship included sexual intimacy or not. In close cases, the court can determine if a relationship qualifies.

Designed to stop abuse, a dating violence protective order is filed in district court. A temporary dating violence protective order is good for 21 days from issuance or until the hearing. If it becomes a final dating violence protection order, it lasts for three years.

Sexual Violence Protective Order

Sexual violence protective orders are used when you're a victim of any type of sexual assault and the abuser isn't a cohabitant or someone who shares a dating relationship with you. The order keeps the abuser away from the victim. It covers a number of sexual criminal acts, including:

• Rape
• Object rape
• Forcible sexual abuse
• Aggravated sexual assault
• Sodomy
• Forcible sodomy
• Sexual extortion
• Human trafficking for forced sexual exploitation
• Aggravated human trafficking for forced sexual exploitation
• Custodial sexual relations
• Custodial sexual misconduct
• Indecent liberties
• Sexual exploitation of a vulnerable adult or a child
• Distribution of an intimate image

Ex parte temporary sexual violence protective orders last 21 days or until the hearing. If the court later issues a final sexual violence protective order, it lasts for three years with a provision for extending another three years. After that, the petitioner has to refile.

Workplace Violence Protective Order

The workplace violence protective order seeks to protect both employees and employers from violence or threats of violence. While the order can't always remove the threat from the place of employment, it can dictate acceptable behavior for the respondent.

The ex parte temporary workplace violence protective order is filed in district court. Depending on your district, the case is heard by either a judge or a commissioner. If approved, the court order is good for 21 days or until the hearing. A final workplace violence protective order is good for three years.

Utah Protective Orders Laws: Review

The number of protective orders in Utah is daunting, but knowing how they work will help you find the one you require. The table below recaps the information you've learned. It also adds links to important protective order codes under Utah law.

Note: Utah laws are subject to change through passage of new legislation, rulings in the higher courts that include federal decisions, ballot initiatives, and other means. While we strive to provide the most current information, please consult a Utah domestic violence attorney or conduct legal research to verify the Utah state law(s) you are researching.

Utah Protective Orders Laws: Additional Resources

• National Domestic Violence Hotline (800.799.7233)
• Utah Domestic Violation Center
• Orders of Protection and Restraining Orders
• Utah Online Court Assistance Program (OCAP)
• Utah Court Self-Help Forms for Protective Orders

Need Help With a Protective Order in Utah? Speak to an Attorney

If someone is hurting you or you have a reasonable fear of future harm, the state of Utah has resources available for you. Once you've decided to exit your toxic relationship, contact a Utah domestic violence attorney for legal advice.

If you're named in a Utah protective order, you need the assistance of a Utah criminal defense attorney as soon as possible. Whether you're in Provo, Salt Lake City, or off the beaten path, a lawyer will examine your case, explain your options, and stand with you every step of the way.