Restraining Orders

The judge could dismiss the civil protections, which are the second group listed on the order, at any time if one party files a petition requesting this and the other side is properly served and has a chance to appear at a hearing. These protections can also be dismissed as part of a divorce, parentage, custody, or guardianship proceeding that is pending between the parties if certain circumstances are met.¹

If either party files in court to dismiss the criminal protections of the order within the first two years, a judge will only do so if you personally appear in court and give specific consent to the criminal provisions of the protective order being dismissed, or you must do so in a sworn affidavit.²

However, the court can dismiss a protective order after one year without your consent if the judge finds that all of the following are true:

• the reason that the protective order was issued no longer exists;
• you have repeatedly acted in a way that goes against the terms of the protective order, trying to intentionally or knowingly try to cause the respondent to violate the protective order;
• your actions show that you no longer have a reasonable fear of the respondent; and
• the abuser has not been convicted of a protective order violation or any crime of violence since the order was issued and there are no unresolved charges involving violent conduct still on file with the court.³

Note: Make sure you inform the court of your new address if you move so you can be sure to receive notice of any hearing.

¹ UT ST § 78B-7-603(10), (12)
² UT ST §§ 78B-7-603(10); 78B-7-605(1)
³ UT ST §§ 78B-7-105(6)(c); 78B-7-605(1)