Protective Order and the Dating Violance Protection Order Act.

Utah has various remedies for individuals who are suffering at the hands of an abusive partner. Besides the criminal code, Utah has created certain remedies to protect its citizens safety. Utah Code Title 78B provides the language of the protective order statute. The Statute contains important definitions and protections for those who request a protective order in the State of Utah. The Court can order an abusive person to stay away from you. They can order the abuser to also stay away from loved ones, your employer as well as other locations.

 The Code states:

1). Any cohabitant who has been subjected to abuse or domestic violence, or whom there is a substantial likelihood of abuse or domestic violence, may seek an ex parte protective order or a protective order in accordance with this chapter, whether or not that person has left the residence or the premises in an effort to avoid further abuse.

An ex-parte protective order is where the Petitioner provides only their side of the story initially to the Court. The Court will review the request form to determine if enough has been presented to warrant entry of the ex-parte order. Once granted, the order will need to be served before it becomes enforceable against the accused.  The Court will also set a hearing so that the Respondent has their opportunity to refute the allegations made against them.

Utah also has the “Dating Violence Protection Order Act.” For those that do not qualify as a “cohabitant’” and are or were never married. That section of the code is found in Utah Code Ann. § 78B-7-401 through section 407.

If you have suffered abuse or are fighting against a protective order request that you have been served, give attorney Gavin Collier a call. 801-916-1910