Created by FindLaw's team of legal writers and editors | Last updated June 20, 2016
Whether your relationship started in downtown Salt Lake City or the far corners of Arches National Park, Utah can be the best place to fall in love. But not every Beehive State romance has a fairytale ending. And if your dream relationship ended in a nightmare, possibly with violence or the threat of violence, you may be wondering how to protect yourself.
Fortunately there are court orders, and laws to enforce them, intended to keep victims of abuse safe from harm. This is an introduction to protective orders laws in Utah.
Most people know them as "restraining orders," and protective orders are orders from a judge or a court that demand the person named in the document to stay a specified distance away from the person seeking the protection. Although protective orders are most often sought by abused spouses and exes, they can also be used to protect children and stalking victims.
The table below lists Utah’s protective orders statutes.
Code Section |
Utah Code 76-5-108: Protective Orders Restraining Abuse of Another - Violation; Utah Code 77-36-1, et seq.: Cohabitant Abuse Procedures Act; Utah Code 78B-7-101, et seq.: Protective Orders |
Activity Addressed by Order |
Enjoin contact; exclude from dwelling, school or employment; regarding minors: temporary custody, visitations; prohibit from purchasing, using, or possessing a firearm |
Duration of Order |
Ex parte: Maximum 20 days unless modified. Civil provisions: 150 days |
Penalty for a Violation of Order |
Class A misdemeanor |
Who May Apply for Order |
Any cohabitant or child residing with a cohabitant, or a cohabitant, department, or person or institution may apply for a minor |
Can Fees Be Waived? |
Yes |
Order Transmission to Law Enforcement |
Copy by end of next business day to local law enforcement agencies designated by petitioner and copy to statewide domestic violations network |
Civil Liability for Violation of Order |
Yes, contempt of court |
Not everyone obeys a protection order, but the orders can provide domestic violence victims and other victims of abuse with criminal recourse if an abuser violates an order. Also, under federal protection order law, Utah must honor and enforce valid protection orders issued by another state, and vice versa. Therefore protective orders remain in place and enforceable even if the victim or the abuser move to another state.
Obtaining and enforcing a protective order can be confusing, both emotionally and legally. If you would like legal assistance regarding a domestic violence or protective order matter, you can consult with a Utah domestic violence attorney. You can also find additional articles and information by visiting FindLaw’s section on Orders of Protection and Restraining Orders.
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