Restraining Order Requirements in Utah
In Utah, restraining orders come in two forms: protective orders and stalking injunctions. When a victim of domestic violence or stalking receives a protective order, it is enforceable throughout the state of Utah. Utah also recognizes protective orders issued in other states. Individuals may also file a protective order on behalf of a minor child who has been abused or threatened with violence.
Other People Are Reading
-
Who May File?
-
Utah residents may petition a District Court if they are 16 years old or older; individuals under 16 years old may petition a court for a protective order if legally emancipated. Protective orders may be issued for a victim of domestic violence if the victim shares, or shared, a residence with the abuser, had a child with the abuser or is a spouse or blood relative. In Utah, domestic violence includes sexual and physical assault, threats of violence, harassment via electronic means, intimidation and stalking. Victims of domestic violence need only to have experienced one incidence of violence or threatening behavior to receive a protective order.
Where to File a Protective Order
-
Utah requires victims of domestic violence or stalking to file a protective order in a District Court. A victim may file for a protective order in a District Court in the county where the abuse occurred or where the victim or the abuser lives. If an adult wishes to file for a protective order on behalf of a minor child, the protective order must be filed in a Juvenile Court in the county where the minor lives or where the incidence of abuse occurred.
-
Stalking Injunctions
-
Utah residents may file for another type of restraining order called a stalking injunction. Stalking involves an abuser making threats or coming into close physical proximity to the victim on more than one occasion. Actions are considered stalking if a victim suffers from emotional distress or fears bodily harm as a result. Residents may file for a stalking injunction if they have been a victim of stalking on at least two occasions. Stalking injunctions must be filed in a District Court in the same county where the stalking took place or in the county where the stalking victim lives.
Other Considerations
-
When a victim of domestic violence or stalking files for a protective order, a District Court judge will determine the degree of harm; if the degree of harm is severe and immediate, the judge might issue a temporary protective order, which takes effect immediately. The abuser is then served with notice of the protective order. Utah requires victims of domestic violence to attend a hearing within 20 days of filing for protective order, regardless of whether the judge issued a temporary protective order. During the hearing, a victim must explain to the judge why the protective order is necessary. It is important for victims to attend this hearing; otherwise, the case will be dismissed.
-
