Protective Orders in Utah

Who qualifies and the different order types

Utah's protective order framework covers several relationships, each under a different statute. These are Cohabitant Protective Orders under Utah Code 78B-7-601, Dating Violence Protective Orders under 78B-7-401, and Sexual Violence Protective Orders under 78B-7-501. Other types include Child Protective Orders under 78B-7-201 and Civil Stalking Injunctions under 78B-7-701, with general provisions at 78B-7-101.

The cohabitant order covers people who live together or lived together in a relationship. This includes spouses, former spouses, and others who meet Utah's statutory definition of cohabitant. The other order types cover dating partners, sexual violence victims, children, and stalking victims, regardless of that specific relationship.

Filing: no fee, in district court

There is no filing fee for the court forms used to request a protective order in Utah. The petitioner files in the district court in the county where either party lives, or where the events occurred, under Utah Code 78B-7-104. Filing can happen electronically through MyCourtCase, in person, or through other filing methods the courts make available.

The ex parte order and the 21-day hearing

If the judge grants the request, they sign a temporary ex parte protective order. They also schedule a hearing within 21 days. The temporary order generally lasts only until that hearing. A sheriff or constable serves the order on the respondent if the respondent is in Utah. It becomes effective once served.

In a cohabitant protective order case, the respondent can ask for an earlier hearing. They must file a Respondent's Request to Vacate Temporary Protective Order before the scheduled hearing date, under Utah Code 78B-7-604(4). This filing may not actually move the hearing date. At the hearing, both sides present evidence on whether the court should issue a three-year protective order. If the respondent does not appear, the court may grant the order without their input. If the petitioner does not appear, the court dismisses the temporary order.

Custody and firearms

A protective order can bar the respondent from the petitioner's home, work, school, or place of worship. It can also prohibit the respondent from having guns or other weapons, under Utah Code 78B-7-606(1). The order can also temporarily give the petitioner custody of any shared children. If the respondent violates it, they can be arrested and charged with a crime.

Duration and renewals

A protective order generally expires on the date stated in the order, commonly up to three years. A sexual violence protective order specifically can be extended one time for another three years. If protection is still needed after that extension ends, a new sexual violence protective order must be requested. Either the petitioner or respondent can later ask to modify or dismiss a final protective order, through a filing process similar to the original request.