Restraining Orders

This section defines domestic violence and abuse for the purposes of getting a protective order:

• abuse is when a “cohabitant” purposely causes or tries to cause you physical harm or makes you afraid that you will be immediately (imminently) physically harmed;¹
• domestic violence is when a “cohabitant” does any of the following:
  • commits any criminal offense involving violence, physical harm, or the threat of violence or physical harm;
  • makes any attempt, conspiracy, or request (“solicitation”) to commit a criminal offense involving violence or physical harm; or
  • commits or attempts to commit any of the following offenses against you:
    • assault or aggravated assault;
    • criminal homicide;
    • harassment;
    • electronic communication harassment;
    • kidnapping, child kidnapping, or aggravated kidnapping;
    • mayhem;
    • propelling a bodily substance or material;
    • sexual offenses, including rape, forcible sodomy, sexual battery, and many others which you can find listed under “Title 76, Chapter 5, Part 4” on the Utah State Legislature website;
    • sexual exploitation of a minor or aggravated sexual exploitation of a minor;
    • stalking;
    • unlawful detention or unlawful detention of a minor;
    • violation of a protective order or ex parte protective order;
    • any offense against property, including robbery, burglary, criminal trespass, and many others that you can find under “Title 76, Chapter 6, Part 1, Part 2, and Part 3” on the Utah State Legislature website;
    • possession of a deadly weapon with criminal intent;
    • discharge of a firearm from a vehicle, near a highway, or in the direction of any person, building, or vehicle;
    • disorderly conduct but only if the conviction is the result of a plea agreement in which the defendant was originally charged with any of the domestic violence offenses in this list;
    • commission of domestic violence in the presence of a child, which is referred to in the law as “child abuse;”
    • threatening with or using a dangerous weapon;
    • threatening violence;
    • tampering with a witness;
    • retaliation against a witness or victim;
    • receiving or soliciting a bribe as a witness;
    • unlawful distribution of an intimate image;
    • unlawful distribution of a counterfeit intimate image;
    • voyeurism;
    • damage to or interruption of a communication device;
    • aggravated cruelty to an animal, with the intent to harass or threaten the cohabitant; or
    • an offense described in section 78b-7-806(1) of the law.²

Note: If you are being abused by someone who you dated but with whom you never lived, you may be eligible for a dating violence protective order. If you are seeking a protective order only for your child, and not also for yourself, your child may be eligible for a child protective order. If you do not qualify for a cohabitant abuse protective order, you may be able to get a civil stalking injunction.

¹ Utah Code § 78B-7-102(1)
² Utah Code §§ 78B-7-102(12); 77-36-1(4)

In an ex parte protective order, the judge can:

1. order that the abuser do all of the following:
   • stop committing or threatening to commit domestic violence or abuse and stop harassing you or any family or household member named in the order;
   • stop calling, contacting, or communicating with you or anyone named in the order in any way, including indirect contact. There is an exception for communication related to any parent-time provisions in the order;
   • be excluded from (leave) your home;
   • stay away from your vehicle, home, school, work, place of worship or any other specific place you go to often unless the abuser attends the same school, is employed at the same place of employment, or attends the same place of worship – in that case, the judge cannot order the abuser to stay away from those places but can regulate the abuser’s behavior in those places;
   • stay away from a family or household member’s vehicle, home, school, work, place of worship or any other specific place your family or household member goes to often unless the abuser attends the same school, is employed at the same place of employment, or attends the same place of worship – in that case, the judge cannot order the abuser to stay away from those places but can regulate the abuser’s behavior in those places;
   • not purchase, use, or possess a firearm or other weapon specified by the judge Note: To order this, the judge must find that the abuser’s use or possession of a weapon may pose a “serious threat of harm to you”;
   • give you use of an automobile or any other personal items and order that law enforcement accompany you to your residence to make sure that you are safe while getting possession of these items;
   • not interfere with or change the your phone, utility or other services;
   • not physically injure, threaten to injure, or take possession of a household animal that is owned or kept by you or the abuser;
   • not use alcohol or illegal drugs before or during visitation; and
   • not take the children out of Utah;
2. grant you or another person temporary custody of any minor children you share with the abuser;
3. order an attorney to be a guardian ad litem for any minor children to represent their interests;
4. order the respondent to maintain an existing wireless telephone contract or account;
5. order you and the abuser to provide financial documents at the hearing for a final protective order if you requested child support or spousal support; and
6. order anything else the judge decides is necessary for your safety and the safety of your family or household members.¹

In a full (final) protective order, the judge can order:

• all of the protections listed above; and
• the following additional protections:
  1. order your wireless phone provider to:
     • transfer the account from the abuser’s name to yours; and
     • transfer to you any phone numbers that are primarily used by you or by someone with whom you will live while the order is in effect;
  2. make arrangements for parenting time, with or without supervision by a third party, or deny parenting time if it is necessary to protect the safety of you or your child;² and
  3. child support and/or spousal support .³

Whether a judge orders any or all of the above depends on the facts of your case.

Note: The protections listed in numbers two through six in the first paragraph and number two in the second paragraph are known as the “civil provisions” of the order.⁴ This is important to keep in mind as you continue reading in this section because the laws regarding expiration, modification, dismissal, and violations of the order distinguish between civil provisions and other provisions.

¹ UT ST § 78B-7-603(2); see the temporary protective order form
² UT ST §§ 78B-7-603(3),(4); 78B-7-117; see the protective order form
³ See UT ST § 78B-7-603(7)
⁴ UT ST § 78B-7-603(6)(b)

There is no fee to file for a protective order nor to serve a protective order.¹

Although you do not need a lawyer to file for a protective order, it may be to your advantage to have a lawyer, especially if the abuser has a lawyer. Even if the abuser does not have a lawyer, it is recommended that you contact a lawyer to make sure that your legal rights are protected.

If you cannot afford a lawyer but want one to help you with your case, you can find information on legal assistance and domestic violence organizations on the UT Places that Help page. In addition, the domestic violence organizations in your area may be able to answer some of your questions or help you fill out the necessary court forms. If you are not represented by an attorney, the clerk is required to provide assistance with filling out the forms and filing your paperwork.² You will find contact information for courthouses on the UT Courthouse Locations page.

If you are going to be in court without a lawyer, our Preparing for Court – By Yourself section may be useful to you.

¹ UT ST § 78B-7-105(4)
² UT ST § 78B-7-105(3)