By FindLaw Staff | Legally reviewed by Nicole Prebeck, Esq. | Last reviewed January 17, 2023
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Protective orders, also known as restraining 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.
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.
This article provides a brief overview of protective orders laws in the state of Utah.
The table below lists Utah's protective orders statutes. You can also find additional resources on the Utah Court's website. Lastly, more articles and information can be found by visiting FindLaw's section on Orders of Protection and Restraining Orders.
Code Section |
§ 78B-7-101 et seq. of the Utah Code |
|---|---|
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; not harm pets |
Duration of Order |
Ex parte: maximum 20 days unless modified; civil provisions: 150 days; criminal provisions: will typically expire after three years |
Penalty for a Violation of Order |
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 |
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; "cohabitant" means an emancipated individual or an individual who is 16 years old or older who: is or was a spouse of the other party; is or was living as if a spouse of the other party; is related by blood or marriage to the other party as the individual's parent, grandparent, sibling, or any other individual related to the individual by consanguinity or affinity to the second degree; has or had one or more children in common with the other party; is the biological parent of the other party's unborn child; resides or has resided in the same residence as the other party; or is or was in a consensual sexual relationship with the other party; dating/intimate partner; persons related relationship by blood to the first or second degree, including an individual's parent, grandparent, sibling, child, aunt, uncle, niece, or nephew |
Can Fees Be Waived? |
Yes |
Order Transmission to Law Enforcement |
Copy by end of the next business day to local law enforcement agencies designated by the petitioner and copy to the statewide domestic violations network |
Civil Liability for Violation of Order |
Yes, contempt of court |
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
If someone is hurting you or threatening to hurt you, there are resources available for you when you're ready. Contact the National Domestic Violence Hotline for 24/7/365 support at 800-799-7233. If you've been abused or fear someone may abuse you in the near future, you may want to get a protective order.
Please contact a Utah domestic violence attorney for help.
Contact a qualified attorney.
Get tailored advice and ask your legal questions. Many Utah attorneys offer free consultations.
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