Restraining Orders

If you want to have your order changed (modified), you will have to go back to the court where you received the order and file a motion for another hearing. See the Utah Courts website for the necessary form to modify a protective order.

The court can immediately grant the modification without the abuser (ex parte) if it is necessary to protect you or your children. Otherwise, the judge will set a date for a hearing where you can make your case for why you are requesting the modification.¹ If the judge does not grant your modification ex parte, you can still request a full hearing on your motion within five days from when the judge denies your petition. Before the hearing, the abuser will be served with a copy of the motion and a request to be present at the hearing.² You must attend this hearing and tell the judge why the change is necessary.

In addition, one of the civil provisions of a protective order, which are listed in the second group on the order, can be modified or dismissed in a divorce, parentage, custody, or guardianship proceeding that is pending between the parties if:

• the parties agree in writing or on the record to dismiss or modify a civil provision of the protective order; or
• the judge in the divorce, parentage, custody, or guardianship proceeding believes there is “good cause” to dismiss or modify the civil provision.³

¹ UT ST § 78B-7-603(1)
² UT ST § 78B-7-604(3)
³ UT ST § 78B-7-603(12)