Restraining Orders

Utah recognizes abuse and domestic violence as reasons to issue a cohabitant abuse protective order.

Abuse is defined as when a “cohabitant” does any of the following things:

• purposely causes you physical harm;
• tries to cause you physical harm; or
• makes you afraid that you will be immediately (imminently) physically harmed.¹

Domestic violence is defined as when a cohabitant does any of the following:

• threatens to commit or commits any criminal offense involving 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;
  • unlawful electronic disclosure of personal identifying information;
  • unlawful electronic disclosure of a minor’s personal information;
  • kidnapping, child kidnapping, or aggravated kidnapping;
  • mayhem;
  • propelling a bodily substance or material;
  • sexual offenses, including rape, forcible sodomy,  and many others that 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;
  • threatening with or using a dangerous weapon in a fight or quarrel;
  • possession of a dangerous weapon with criminal intent;
  • improper discharging of a dangerous weapon;
  • disorderly conduct, but only if the abuser was originally charged with one of the domestic violence crimes on this list and then a plea agreement reduced the charge to disorderly conduct;
  • commission of domestic violence in the presence of a child, which is referred to in the law as “child abuse”;
  • 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, including recorded or photographed voyeurism and distribution of images obtained through voyeurism;
  • damage to or interruption of a communication device;
  • aggravated cruelty to an animal, with the intent to harass or threaten you; or
  • an offense described in section 78b-7-806(1) of the law.²

However, domestic violence does not include any of the following crimes:

• enticing a minor;
• lewdness; or
• lewdness involving a child.³ 

If you do not meet these requirements, there may be another type of order that applies to your situation. See I did not get a protective order. What can I do? for more information.

¹ Utah Code § 78B-7-102(1)
² Utah Code §§ 78B-7-102(15); 77-36-1(4)(a), (b)
³ Utah Code § 77-36-1(4)(c)

The protections you get can will depend on the type of order.

In an ex parte protective order, the judge can:

1. order the abuser to:
   
   • stop committing or threatening to commit domestic violence or abuse;
   • 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. Note: There is an exception for communication related to any parent-time provisions in the order;
   • leave (be excluded from) your home;
   • stay away from your or a family or household member’s vehicle, home, school, work, place of worship, or any other place you visit often unless the abuser attends the same school, is employed by the same employer, or attends the same place of worship. In that case, the judge cannot order the abuser to stay away from those places, but they can regulate the abuser’s behavior in those places;
   • not buy, use, or have 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 a car or any other personal items, and order that law enforcement go with you to your home to make sure that you are safe while getting these items;
   • not interfere with or change your phone, utilities, 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 your children out of Utah;
2. grant you or another person temporary custody of any minor children you share with the abuser;
3. appoint a guardian ad litem for your minor children to represent their interests;
4. order the abuser 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 the safety of you and your family or household members.¹

In a full (final) protective order or a no-fault order, the judge can order all of the protections listed above as well as the following additional protections:

1. order your cellphone provider to:

• transfer the account and billing responsibility from the abuser’s name to yours; and
• transfer to you any phone numbers that are primarily used by you or by someone you will live with 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 
3. order child support; and
4. order 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 all those included in the second paragraph are known as the “civil provisions” of the order. This is important to keep in mind as you continue reading this section because the laws regarding expiration, changing (modification), dismissal, and violations of the order work differently in some cases for civil provisions and criminal provisions.⁴

¹ Utah Code § 78B-7-603(2); see the temporary protective order form
² Utah Code §§ 78B-7-603(3); 78B-7-117; see the protective order form
³ See Utah Code §§ 78B-7-603(7); 77-36-5.1
⁴ See Utah Code § 78B-7-603(6)

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 Utah Code § 78B-7-105(4)
² Utah Code § 78B-7-105(3)