English
EspañolCan the order be modified or dismissed?
An ex parte civil stalking injunction or a final civil stalking injunction can be dismissed (dissolved) at any time upon your request. You would have to file a petition in the court that issued the order.1 You may also file in court to change (modify) the order. Any changes that the judge agrees to make will take effect when the modified order is served on the respondent.2
It’s possible that the respondent can also file in court to ask the court to dismiss or modify the final order. If the respondent does this, the judge will schedule a hearing within a “reasonable time” where you will have the opportunity to be present and object to the respondent’s request. At this type of hearing, the burden is on the respondent to show “good cause” why the civil stalking injunction should be dismissed or modified.3
1 Utah Code § 78B-7-701(11)
2 Utah Code § 78B-7-701(9)(c)
3 Utah Code § 78B-7-701(8)
What happens if the stalking injunction is violated?
Violation of a stalking injunction is a crime, and you can call the police as soon as possible if the abuser violates the injunction. You can also file a contempt petition in the court that issued the stalking injunction.1
A violation of a stalking injunction comes under the criminal offense of stalking and would be a class A misdemeanor if it is the stalker’s first offense of stalking.2 If the stalker has previously been convicted of stalking, a felony, or meets certain other requirements, s/he may be guilty of a second or third degree felony.3
1 Utah Code § 78B-7-703(1); Utah Courts website
2 Utah Code § 76-5-106.5(3)(a)
3 Utah Code § 76-5-106.5(3)(b), (3)(c)
