Restraining Orders

The steps to get a stalking injunction are similar to the steps to get a cohabitant abuse protective order. Unlike a cohabitant abuse protective order, however, if you are granted an ex parte stalking injunction, that injunction can remain in effect unless and until the stalker requests a hearing to object to the order. The stalker can request a hearing within ten days of being served with the ex parte injunction.¹ If the stalker does not request a hearing within the ten days, the ex parte injunction automatically becomes a civil stalking injunction and will be in effect for three years.²

See the Utah Courts website for the relevant forms for filing a petition for a civil stalking injunction. On the petition, you are the petitioner. You must include your name and the name and address of alleged stalker (respondent). Note: If you do not want your address written on your petition, let the court staff know when you file your petition. You must tell the court your address for service, but it can be kept on a separate document or database that will not be released to the public or the stalker. You must also describe the events and dates of the stalking, and include evidence of the stalking such as any police reports, letters, or other relevant information. This includes the name of the court if there were any prior court orders for the same events.³

If you have any questions, you can call the clerk of court. You can find the contact information for your clerk on the Utah Courthouse Locations page. An advocate at a local domestic violence program may also be able to assist you with the paperwork. You can find contact information for local programs on the Utah Advocates and Shelters page. Also, if you want to get legal advice and/or representation at the hearing, you can find legal referrals on our Utah Finding a Lawyer page.

¹ Utah Code § 78B-7-701(5)(a)
² Utah Code § 78B-7-701(7)(c)
³ Utah Code § 78B-7-701(3)