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EspañolWhat is the legal definition of dating violence in Utah?
For the purposes of getting a dating violence protective order, you must have experienced “dating violence” or “abuse” by a dating partner or there must be a substantial likelihood that you will experience either one.1
Abuse by a dating partner is defined as:
- causing or attempting to cause you physical harm; or
- placing you in reasonable fear of immediate physical harm.2
The law doesn’t specifically define dating violence but it may be similar to how the law defines domestic violence.
1 UT ST § 78B-7-403(1)
2 UT ST § 78B-7-102(1)
What is the legal definition of a dating relationship?
A “dating relationship” is a romantic or intimate relationship, or a relationship which has romance or intimacy as a goal by one or both parties. A dating relationship does not have to involve sexual intimacy.1
In deciding whether you and the abuser have a dating relationship, the judge will consider the whole situation and surrounding circumstances, including:
- whether you and the abuser formed an interpersonal bond beyond casual socializing;
- the length of your relationship;
- the nature and amount of interactions between you and the abuser, including communications showing the intent to start a dating relationship;
- ongoing expectations of you and the abuser about the relationship;
- whether you and the abuser presented yourselves as a couple to others either by actions or statements; and
- whether there are other reasons to support or disprove a finding that a dating relationship exists.2
1 UT ST § 78B-7-102(11)(a)
2 UT ST § 78B-7-102(11)(c)
What types of dating violence protective orders are there? How long do they last?
There are two types of dating violence protective orders in Utah:
- a temporary (ex parte) dating violence protective order; and
- a dating violence protective order issued after notice.
A temporary (ex parte) dating violence protective order can be granted without notice to the abuser.1 The judge must schedule a hearing date for a final protective order within 21 days after issuing the temporary order.2 A judge cannot extend your order for more than 21 days unless you are unable to be at the hearing, the abuser has not been served, or there are other extreme circumstances. However, the temporary order cannot be extended for more than 180 days from when the judge first issued the order.3
A dating violence protective order issued after notice and the opportunity for a hearing can last for three years.4
1 UT ST § 78B-7-402(2)
2 UT ST § 78B-7-405(1)(a)
3 UT ST § 78B-7-405(1)(c)
4 UT ST § 78B-7-405(e)
What protections can I get in a dating violence protective order?
In a temporary or final dating violence protective order, the judge can order that the abuser:
- not commit or threaten to commit dating violence or abuse against you or any family or household members who are named in the order;
- not call you, contact you, or communicate directly or indirectly with you or any family or household members who are named in the order;
- is excluded from your home;
- stay away from your home, school, work, and any other place that you go to often that is specified in the order, but see the exception below;
- not physically come within a certain distance of you; and
- obey any other terms that are needed to keep you and your family or household members safe.1
In a final order, the judge can also order that the abuser not purchase, use, or possess a weapon if the judge finds that the abuser’s use or possession of a weapon is a threat to you or your family or household members.2
Note: If you and the abuser attend the same school or you work together, the judge cannot order that the abuser stay away from your school or workplace but the judge can order that the abuser act in certain ways while at school and work.3
1 UT ST § 78B-7-404(2)
2 UT ST § 78B-7-404(3)
3 UT ST § 78B-7-404(4)
If the abuser lives in a different state, can I still get an order against him/her?
When you and the abuser live in different states, the judge may not have “personal jurisdiction” (power) over an out-of-state abuser. This means that the court may not be able to grant an order against him/her.
There are a few ways that a court can have personal jurisdiction over an out-of-state abuser:
- The abuser has a substantial connection to your state. Perhaps the abuser regularly travels to your state to visit you, for business, to see extended family, or the abuser lived in your state and recently fled.
- One of the acts of abuse “happened” in your state. Perhaps the abuser sends you threatening texts or harassing phone calls from another state but you read the messages or answer the calls while you are in your state. The judge could decide that the abuse “happened” to you while you were in your state. It may also be possible that the abuser was in your state when s/he abused you s/he but has since left the state.
- If you file your petition and the abuser gets served with the court petition while s/he is in your state, this is another way for the court to get jurisdiction.
However, even if none of the above apply to your situation, it doesn’t necessarily mean that you can’t get an order. If you file, you may be granted an order on consent or the judge may find other circumstances that allow the order to be granted.
You can read more about personal jurisdiction in our Court System Basics - Personal Jurisdiction section.
Note: If the judge in your state refuses to issue an order, you can file for an order in the courthouse in the state where the abuser lives. However, remember that you will likely need to file the petition in person and attend various court dates, which could be difficult if the abuser’s state is far away.
