Restraining Orders

You can get a protective order for yourself and your minor child against a “cohabitant” who commits domestic violence or abuse against you or when the judge believes there is a “substantial likelihood” of abuse or domestic violence.¹ A “cohabitant” is defined as someone who is at least 16 years old and is:

• your current or former spouse;
• someone who is or was living as if s/he were a spouse;
• a person related to you by blood or marriage - including a parent, grandparent, sibling, or any other person related by blood or marriage to the second degree;
• someone with whom you are or were in a consensual sexual relationship;
• a person with whom you have a child in common;
• someone with whom you are expecting a child, if one of the parties is pregnant; or
• a person with whom you live/lived in the same home.²

A “cohabitant” does not include:

• the relationship of natural parent, adoptive parent, or step-parent to a minor; or
• the relationship between natural, adoptive, step, or foster siblings who are under 18 years of age.³

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. You can read more about this type of order on our Civil Stalking Injunctions page.

¹ UT ST​ § 78B-7-602(1)
² UT ST § 78B-7-102(5)(a)
³ UT ST § 78B-7-102(5)(b)

If you are a minor, to file for a protective order on your own, you and the person the protective order is against (cohabitant) must be at least 16 years old, married, or emancipated.¹ If you are under 16, an adult can file a child protective order on your behalf in juvenile court.²

¹ UT ST § 78B-7-102(5)(a)
² UT ST § 78B-7-202(1)

When two people have protective orders issued against each other, this is often referred to as “mutual orders.” A court can only grant mutual orders if each person:

• files an independent petition against the other for a protective order, and both petitions are served (in other words, if only one person files a petition, a judge can’t decide to issue mutual orders as a result of that one petition);
• proves at a hearing that the other person committed abuse or domestic violence; and
• proves that the abuse or domestic violence committed by the other person was not self-defense.¹

However, if the person filing for a protective order is already the respondent (or criminal defendant) on an existing dating violence protective order, cohabitant abuse protective order (from Utah or another state), a child protective order, or ex parte child protective order, the following additional restrictions apply before the order can be issued:

1. the case must be heard in the same court that issued the existing protective order; or
2. if the case is being heard in a different court, the judge must:
   • determine that it would be impractical for the original court to hear the case; or
   • contact the court that issued the original protective order to discuss the matter.²

​¹ UT ST § 78B–7–108(1)
² UT ST § 78B–7–108(3)