How to File a Restraining Order in Utah
Judges issue restraining orders to protect victims of domestic abuse and harassment from further violence. In Utah, two types of protective orders are available to victims: civil protective orders, in cases of domestic violence, and stalking injunctions, which can be filed against anyone who may be stalking you. Protective orders are obtained by filing paperwork with the court and appearing before a judge to explain why you are in danger and in need of protection.
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Instructions
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Go to the district court in the county where you or the abuser live, or where the abuse happened. File a petition for the appropriate protective order with the court clerk; the clerk can give the paperwork to you at the court, and they can also be obtained online.
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Appear before the judge in an ex parte hearing. At this hearing, you will briefly explain your circumstances to the judge, and you may request a temporary restraining order to protect you until the full hearing. The judge will decide whether to grant you a temporary order, and will set a date for the full hearing.
Once the hearing date has been set, the sheriff's department will serve the respondent with the temporary restraining order, if you received one, and the notice of hearing. If you were granted a temporary order, you should keep a copy of it with you at all times.
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Prepare for the full hearing. Assemble any evidence you may have to support your case, such as witness testimony, written communication, photographs of damaged property or injuries and police or medical records. Practice explaining your case to someone else; you will need to be able to present your story clearly, accurately, and descriptively to the judge. Legal assistance can be helpful but is not required.
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Attend the hearing and present your case to the judge. If you do not attend, your case may be thrown out, your temporary restraining order will expire and you will be unprotected. It may also be more difficult for you to get a restraining order in the future, as your credibility may be damaged with the court. If the respondent does not appear, the judge may automatically grant the restraining order. At the hearing, both you and the respondent will have the opportunity to present your case.
If the judge grants the restraining order, it may be effective up to 150 days (five months).
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Tips & Warnings
If you are the victim of domestic violence, you will file for a civil protective order. Domestic violence occurs when a current or former dating partner, a member of your household or someone you have a child in common with purposely, actually or attempts to cause you physical harm, or makes you afraid that he will.
If you have been harmed by someone other than a family or household member, you may be eligible for a stalking injunction.
References
Resources
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