Who is eligible for a sexual violence protective order?
You can only file a petition for a sexual violence protective order if the person who committed sexual violence against you is:
- not someone you have been in a relationship with (“dating partner”); and
- not a family or household member (“cohabitant”),1 which is defined as:
- a spouse or former spouse;
- someone with whom you were living as if s/he were your spouse;
- your relative (parent, grandparent, sibling, etc.);
- someone with whom you have a child in common, or who is the parent of your unborn child;
- a person who resides in the same house as you; or
- someone with whom you are or were in a consensual sexual relationship.2
The law says that a person cannot seek a sexual violence protective order on behalf of a child.3 If a child has experienced abuse, the child might be eligible for a Child Protective Order.
1 UT ST § 78B-7-503(1)(a)
2 UT ST § 78B-7-102(5)(a)
3 UT ST § 78B-7-503(1)(b)