Can two people have protective orders against each other (mutual orders)?
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:
- the case must be heard in the same court that issued the existing protective order; or
- 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)