Filing for a Protective Order in Utah
In Utah, a protective order is a tool used to keep a victim of domestic violence or abuse safe from harm.
This document may demand, among other restrictive orders that the alleged abuser may not contact the person filing the petition.
If the terms of the protective order are violated, the police can be contacted to enforce it. The violation of a protective order is a crime.
Who Can Get a Utah Protective Order?
In most cases, protective orders are filed by abused spouses, former spouses, and estranged domestic partners. But they are also sometimes filed on behalf of children or by stalking victims.
In Utah, a protective order can be filed by anyone who has been subjected to abuse or domestic violence or when there is a substantial likelihood of abuse or domestic violence.
How Long Does a Utah Protective Order Last?
If the judge decides that the petitioner needs immediate protection from harm, a temporary protective order may be issued.
This legal document takes effect as soon as the sheriff serves a copy to the alleged abuser. A hearing on the temporary order must be scheduled within twenty days unless otherwise extended by the court for various reasons allowed under the law.
The civil aspect of the protection will last for one hundred fifty days from the date the order is signed by the judge. The criminal portion of the protective order may be dismissed after two years if the petition made is on the court and if various conditions assigned by the court are met.
How Do You Obtain a Utah Protective Order?
To obtain a protective order in Utah, you must fill out and file the appropriate paperwork with the court. If approved, an ex parte temporary order will enter within twenty days a permanent hearing must be scheduled. You must appear at the hearing to explain your case to the judge. After you present evidence and witnesses to support your need for protection, the judge will allow questions and testimony from the other side.
You are not legally required to have a family law attorney at the hearing. However, it can be helpful, to have someone on your side who is familiar with the law and the local court systems.
In some cases, the order can be denied on a technicality. Having an attorney represent you will ensure that you follow the court’s rules and that all documents are completed and filed in accordance with the requirements.
If you believe that you need protection from someone, do not delay.
The experienced legal team at Burton Law Firm can assist you in filing your petition with the court immediately, and help you present your case to the judge. Call our Ogden, Utah, office today to schedule a consultation to discuss your protective order.