If you are a victim of domestic violence inflicted by a current or former spouse (cohabitant) in Utah, you may seek a protective order – also referred to as a restraining order – from the court. In a protective order, a judge can order your abuser to stop harming and contacting you and your loved ones, stay away from your and your loved ones’ homes and other places you all frequent, leave the family home, and surrender any firearms or other dangerous weapons.
The following are the two types of domestic violence protective orders in Utah:
Temporary ex parte protective order – If a judge believes you were recently a victim of domestic violence or that there is a significant chance that you will be a domestic violence victim, then the court will issue you an ex parte protective order. After the order is granted, a hearing will be held within 20 days. If a judge denies your petition for an ex parte protective order, you can still request a hearing for a final protective order within five days.
Final protective order – At the court hearing, both sides have an opportunity to each present their side of the case. Keep in mind, a judge can still grant a protective order if the abuser does not appear in court. If issued, the final protective order is valid for three (3) years. However, if you can prove that the abuser violated the protective order or you have reasonable fear of future domestic violence or otherwise harm, then the court may extend the order beyond the three-year period or until a specific date. However, the abuser may request to dismiss a final protective order after one year.
Violating a protective order in Utah is a Class A misdemeanor, which carries a maximum jail sentence of one year and a fine of up to $2,500. A repeated offense within five years is a third-degree felony, punishable by imprisonment for up to five years and a maximum fine of $5,000.
If you or a loved one is interested in obtaining a protective order in Salt Lake City, contact Nelson, Taylor & Associates PLLC today at (801) 901-7046 and schedule a free consultation today. Thousands of cases handled throughout Utah!
