Protective Orders in Utah
Protective orders are serious court orders meant to keep people safe. They are often requested during stressful and emotional situations. Understanding what a protective order does and how it works is very important.
A protective order is a civil court order, not a criminal conviction. However, violating a protective order is a crime and can lead to arrest, fines, or jail time.
At Christensen Law, we help Utah clients understand protective orders, their rights, and their responsibilities under the law.
What Is a Protective Order in Utah?
A protective order is a court order that limits contact between two people. It is designed to protect someone from abuse, harassment, or threats by a cohabitant or family member.
A protective order may require one person to:
- Stop all contact with the other person
- Stay away from the other person’s home, work, or school
- Avoid harassment, threats, or surveillance
Even though a protective order is a civil matter, breaking the order is a criminal offense.
Who Protective Orders Apply To
Protective orders usually involve people who have a close personal relationship. This can include:
- Current or former spouses
- People who have a child together
- Current or former dating partners
- Family members related by blood or marriage
- People who live together or lived together in the past
If there is no close relationship, another type of court order, such as an anti-harassment order or civil stalking injunction, may apply instead.
What a Protective Order Can Do
A protective order can place strict limits on the restrained person. These may include:
- No contact with the protected person
- Staying a set distance away from certain places
- No harassment, following, or monitoring
- Temporary child custody or visitation rules
- Restrictions on owning or possessing firearms
Each order is based on the situation and may include different rules.
Temporary vs. Final Protective Orders
Protective orders usually happen in two stages.
Temporary Protective Order
A judge may issue a temporary order quickly, sometimes the same day. This order is often issued without the other person present. Its goal is immediate safety.
Final Protective Order
A court hearing is held within about 21 days. Both sides have the chance to speak, present evidence, and bring witnesses. The judge then decides whether to issue a final order.
Types of Protective Orders in Utah
There are several types of protective orders used in Utah.
Domestic Violence Protective Orders
These orders involve family members or people in close relationships. They may be issued if someone is accused of physical harm, threats, stalking, sexual assault, or creating fear of serious injury.
The order may require:
- No contact
- Staying away from certain locations
- Surrendering firearms
Restraining Orders
Restraining orders are often part of an existing family law case. They are used to stop harmful behavior and may involve property, support, or housing issues.
A restraining order may require someone to:
- Stop contact
- Avoid harassment or threats
- Stay away from certain places
- Avoid damaging property
No Contact Orders
No contact orders are issued in criminal cases after someone has been charged with a crime. They forbid all direct and indirect contact with the protected person.
This includes phone calls, texts, emails, social media, or messages sent through others.
Anti-Harassment Orders
An anti-harassment order does not require a family or dating relationship. It is used when someone repeatedly harasses, threatens, or intimidates another person.
This order requires the behavior to stop immediately.
What Happens If a Protective Order Is Violated?
Violating a protective order is a crime in Utah. Even small or accidental contact can result in serious consequences.
Penalties may include:
- Immediate arrest
- Criminal charges
- Fines
- Jail time
It is critical to understand every part of the order and follow it exactly.
If You Are Involved in a Protective Order Case
Being involved in a protective order case can feel stressful and confusing, no matter which side you are on. These cases move quickly, and the court’s instructions must be followed carefully.
If you are seeking protection, it is important to:
- Attend all required court hearings
- Keep records of any violations
- Follow all court instructions
- Seek legal guidance when possible
If you have been served with a protective order, being served does not mean you are guilty of a crime. However, you must follow the order exactly. You should:
- Read the order carefully
- Avoid all prohibited contact
- Attend the court hearing
- Speak with a lawyer as soon as possible
Failing to follow the terms of a protective order can lead to arrest and serious legal consequences. An attorney can help you understand your rights, your responsibilities, and the next steps in your case.
How Christensen Law Can Help
Christensen Law helps clients across Utah with protective order cases by:
- Helping people seek protective orders
- Representing individuals who have been served with an order
- Preparing clients for court hearings
- Explaining rights and responsibilities clearly
- Helping avoid serious legal mistakes
We approach these cases with care, clarity, and respect for all involved.
Talk With a Utah Protective Order Attorney
Protective orders are serious and time-sensitive. Whether you are seeking protection or defending against an order, understanding the law is critical.
Contact Christensen Law today to schedule a confidential consultation and get clear guidance on your protective order case.
Protective Orders FAQs
What is the difference between a protective order and a restraining order?
A protective order is usually based on domestic violence or abuse between people with a close relationship. A restraining order is broader and is often part of an existing family law case to stop harmful behavior.
Does a protective order mean I am guilty of a crime?
No. A protective order is not a criminal conviction. However, violating the order is a crime and can lead to arrest, fines, or jail time.
How long does a protective order last in Utah?
A temporary protective order can be issued quickly for short-term safety. A final protective order is decided at a court hearing, usually within 21 days, and can last longer based on the judge’s decision.
What happens if I violate a protective order?
Violating a protective order is a criminal offense. Even accidental contact can lead to arrest and serious penalties. It is important to understand and follow every part of the order.
Can a protective order affect child custody?
Yes. A protective order can include temporary rules about child custody or visitation. Long-term custody decisions are handled separately by the court.