Table of Contents

• A quick overview of the legal system
  
• What is the legal definition of abuse in Utah?
  
• What is a protective order? What types are there?
• Who can get a protective order?
  • Can I get a protective order against a minor?
  • Can I get a protective order if I am a minor?
  • Can I get a protective order against a same sex partner?
• What if I do not qualify for a protective order?
  
• How can a full protective order help me?
• How much does it cost to get a protective order? Do I need a lawyer?
  
• What are the steps for getting a full protective order?
  
• What will I have to prove at the hearing?
  
• What should I do before the hearing to prepare my case?
  
• What should I do on the day of the hearing?
  
• What is the order of events in the courtroom?
  
• What should I do when I leave the courthouse?
• I did not get an Protective Order. What can I do?
  
• What can I do if the abuser violates the order?
  
• How do I change or extend the order?
  
• What happens if I move?

• What is a Stalking Injunction?

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A quick overview of the legal system

The legal system is divided into two areas: civil law and criminal law.

One of the most confusing things about the legal system is the difference between civil cases and criminal cases. In domestic violence situations, there may be both civil and criminal cases occurring at the same time as a result of the same violent act. The major differences have to do with who takes the case to court and the reason for the case.

Civil Law
Civil law covers disputes where neither party is accused of a crime.  In a civil domestic violence action, you are asking the court to protect you from the person abusing you.  You are not asking the court to punish that person for committing a crime.

Criminal Law
The criminal law system handles all cases that involve violations of criminal law such as harassment, assault, murder, theft, etc.  A criminal complaint involves charging your abuser with a crime.

You may want to pursue both civil and criminal action. However, once you file a criminal complaint, only the prosecutor can decide to drop it. You may also be forced to testify.

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What is the legal definition of abuse in Utah?

Abuse, for purposes of filing for a protective order in UT, is defined by law as:

• physically hurting you on purpose
• trying to physically hurt you
• making you afraid that you will be physically hurt

To read the exact wording of the law, please see "30-6-1. Definitions" on the Utah Legal Statutes page

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What is a protective order? What types are there?

A protective order is a civil court order designed to keep your abuser from hurting you anymore.

There are two types of protective orders.  The first is called an ex parte protective order, which is designed to give you immediate protection.  The second type is referred to simply as a protective order.  We refer to it as a Full Protective order below so that it is easier to see the difference.

An Ex Parte Protective order is designed to protect you from the abuser until you can have a court hearing for a full protective order.  Ex parte means that your abuser is not present when your petition is presented to the judge, and does not have to know that the order has been requested. 

A judge will grant you an Ex Parte order if he/she believes that you are in immediate harm.

A Full Protective order can be issued only after a court hearing in which you and the abuser both have a chance to tell your sides of the story.  It lasts longer and can offer more relief than an ex parte order. Exactly how long the full order will last will be determined by the judge who hears your case.(1)

If you do not qualify for a domestic violence protective order, you may be able to get a Stalking Injunction. You can read more about what this is here: What is a Stalking Injunction?

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Who can get a protective order?

You can get a protective order if your abuser is:

• a current or former spouse
• a dating partner you live with or have lived with
• a person related to you by blood or marriage
• a person you have a child with
• a person you have an unborn child with
• a person you live with or have lived with in the same residence

To read the exact wording of the law, please see "30-6-1. Definitions" on our Utah Legal Statutes page.

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Can I get a protective order against a minor?

Yes. You can get a protective order against an abuser who is 16 years or older.

If your abuser is under 16 years of age, you may file for a protective order in juvenile court.

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Can I get a protective order if I am a minor?

Yes.

Note: You cannot get a protective order against a parent, stepparent, or adoptive parent if you are a minor.

Note: You also cannot get a protective order against a sibling who is under the age of 18 if you are a minor.

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Can I get a protective order against a same sex partner?

Yes. Under the legal definition, same-sex partners may file for protective orders if they have lived together. However, it will be up to the judge to decide whether or not you are granted one.

If this applies to you, please talk to someone in a local domestic violence organization who can help you through the process and determine how your local judges are likely to rule.

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What if I do not qualify for a protective order?

In Utah, protection orders do not cover a victim of abuse whose abuser is anyone besides:

• a spouse
• a person you have lived with
• a relative
• someone you have a child with

However, assault, stalking, and harassment are against the law. If one of these crimes is being committed against you, you may want to consider calling the police. If charges are pressed against the perpetrator, a judge may be able to order him/her to stay away from you.

If you are being stalked, you may be able to file for a Stalking Protective Order. Please see: What is a Stalking Injunction?

You can also visit our Safety Planning page for ways to increase your safety. If you are being stalked or harassed, go to the Stalking Resource Center website for more information on stalking and harassment laws, as well safety planning information.

Protective orders also do not cover many types of emotional or mental abuse. If you're being mentally or emotionally abused, please contact a domestic violence organization in your area. They can help you figure out your options and offer you support. You can find a local organization in your area on our Utah Links & Resources page.

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How can a full protective order help me?

A full protective order can:

• Order your abuser to stop abusing you and your family
• Order your abuser to stop contacting you or communicating with you in any way
• Order your abuser to leave and stay away from your place of residence
• Prohibit your abuser from interfering in any way with the utility services to your residence
• Order the abuser to stay away from your school, place of employment, and other places that you, your children, or other household members go to often.
• Prohibit your abuser from purchasing, using, or possessing a firearm or other weapon
• Award you possession of your residence, automobile and/or other essential personal items
• Order a law enforcement officer to come with you when you go Back to your residence to get any possessions that were awarded to you by the court
• Order a law enforcement officer to be present when your abuser comes to remove any of his/her personal belongings from your residence
• Order the Department of Child and Family Services to conduct an investigation into the possibilities of child abuse
• Grant you temporary custody of your minor child/ren
• Grant or deny visitation rights to your abuser, and/or require that the visitation be supervised
• Order your abuser to pay child support
• Order your abuser to pay spousal support
• Order your abuser to pay any medical expenses that resulted from the abuse (Both your expenses and your child's)
• Order any other relief that the court considers necessary for your safety and the safety of your household.(2)

Whether a judge orders any or all of the above depends on the facts of your case.

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How much does it cost to get a protective order? Do I need a lawyer?

Nothing. There is no filing fee to get a Protective Order.

Although you do not need a lawyer to file for a Protective Order, it may be to your advantage to find a lawyer. This is especially important if your abuser has obtained a lawyer. Even if your abuser does not have a lawyer, if you can, it is recommended that you contact a lawyer to make sure that your legal rights are protected.

If you cannot afford a lawyer but want one to help you with your case, you can find information on legal assistance and domestic violence organizations on the UT Links & Resources page. In addition, the domestic violence organizations in your area and/or court staff may be able to answer some of your questions or help you fill out the necessary court forms. You will find contact information for courthouses on the UT Courthouse Locations and Info page.

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What are the steps for getting a full protective order?

Step 1:  Go to a district court and request an application
Go to the district court in the county where you live, or where the abuser lives.  You can find a court near you by going to our Courthouse Locations & Info page.  Find the civil court clerk and request a petition for a protective order. If you are in immediate danger, also tell the clerk that you need an emergency ex parte order.  You apply for these at the same time.  For an explanation of how these two orders are different, see What is a protective order? What types are there?

You may also find links to petitions online by going to Download Court Forms.

Step 2: Bring identification and information about your abuser.
It is sometimes helpful to bring the following information about your abuser:

• a photo
• addresses of residence and employment
• phone numbers
• a description and plate number of your abuser's car
• history of drugs or gun ownership

Remember to also bring some form of personal identification (a driver's license or other identification that includes your picture).

Step 3:  Fill out the necessary forms
The clerk will provide you with the forms that you need to file. On the protective order form, you will be the "petitioner" and your abuser will be the "respondent."

Carefully fill out the forms.  Write briefly about the most recent incident of violence, using descriptive language (slapping, hitting, grabbing, choking, threatening, etc.) that fits your situation. 

Be specific.  Include details and dates, if possible. It will also be important to write any previous court action you have taken against your abuser.

If you need assistance filling out the form, ask the clerk for help. Some courts may have an advocate that can assist you. A domestic violence organization may also be able to provide you with help filling out the form.  See UT Links & Resources for the location of an organization near you.

Note: Be sure to sign the forms in front of the court clerk. Once you have completed your paperwork, return them to the clerk. The probation department may then run a "check" of your abuser's criminal and protective order history.

Step 4:  A judge will review your application
After you finish filling out your application, bring it to the court clerk.  The clerk will forward it to a judge.  The judge may wish to ask you questions as he or she reviews your petition.  The judge will decide whether or not to issue the ex parte order.

If the judge grants you an ex parte order, the court clerk will give you a copy of the order. Review the order before you leave the courthouse to make sure that the information is correct. If something is wrong or missing, ask the clerk to correct the order before you leave. Be sure to keep it with you at all times. You may want to keep copies in your car, workplace, or daycare. The judge will also set a hearing date for your "return hearing."

If you seek a full protective order the judge will set a date for a hearing.  You will be given papers that state the time and date of your hearing for a protective order.

Step 5:  Service of process
The abuser must be served with a notice of hearing and with any protective orders that a judge has granted you.  The orders are not valid until the abuser has been served with them.  This will be handled by the appropriate law enforcement agency. The clerk will either send the order to the police, or have you bring it to the police yourself. The police will then find the abuser and serve him notice of the ex parte order (if the judge gave you one) as well as the scheduled "return hearing".

If the abuser does not show up for the hearing the judge may still  grant you a protective order, or the judge may schedule a new hearing date.

Continuance. You have the right to bring a lawyer to represent you at the hearing. If you show up to court and your abuser has a lawyer and you do not, you may ask the judge for a continuance to set a later court date so you can have time to find a lawyer for yourself.

It is a good idea to see a lawyer if you think your abuser will challenge custody or child support, or if you have been severely injured or expect an injury to last a long time. If the court does issue a continuance, the court should also reissue or extend your ex parte order since your original one will probably expire before the rescheduled hearing.

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What will I have to prove at the hearing?

As the petitioner requesting a protective order, you must:

• Prove that the defendant has committed acts of domestic abuse (as defined by the law).
• Convince a judge that you need protection and the specific things you asked for in the Complaint (petition).

See What should I do before the hearing to prepare my case? for ways you can show the judge that you were abused.

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What should I do before the hearing to prepare my case?

First, you should prepare yourself for seeing your abuser in the courtroom. In addition, there are several steps you should take to fully prepare yourself for your hearing.

Contact witnesses who saw the abuse or your injuries
Anyone can be a witness, including:

• a friend
• a family member
• an emergency room nurse
• a doctor
• a stranger who saw or heard the abuse take place
• a law enforcement officer

Some witnesses may not come to court unless they are given a subpoena, which commands them to appear and testify.  Ask the court clerk about the subpoena process.  Let the judge know if the people you subpoenaed do not come to the hearing.

If your children witnessed the abuse, you may want to tell the judge that they were present. However, you should seriously consider not having the children testify in court to avoid putting them in the uncomfortable position of possibly testifying against their other parent.

The judge may choose not to hear from a witness because of the short amount of time given to each hearing.

• your statements or a witness’s statements about the incident(s), given in person on the day of the hearing
• medical reports
• police reports
• pictures of your injuries (dates if possible)
• injuries or threats of injuries to children
• injuries or threats of injuries to pets
• household objects torn or broken by your abuser
• pictures of your household in disarray after an episode of domestic violence
• weapons used
• tapes of calls you may have made to 911
• certified copies of the abuser’s criminal record
• anything else to help you convince the judge you have suffered acts of domestic violence and need certain relief and protection 

The more evidence you have, the greater your chances of being granted a protection order.  However, the judge will listen to your story even if you have no evidence or witnesses.

Tell your story in your own words, but leave out details that have nothing to do with the physical violence or threats of violence.  Also, rather than saying “He (or she) hit me,” tell the judge how you were hit, where on your body you were hit, and how many times. Be specific.

You may want to mention:

• The last two incidents of violence
• The worst two incidents of violence
• Whether the defendant has a gun or other weapons
• Whether the defendant has threatened to physically hurt or kill you.

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What should I do on the day of the hearing?

• Be on time.
• Have your witnesses there and ready.  If you have subpoenaed witnesses and they are not present you should inform the judge.
• Dress neatly.
• Speak directly to the judge; he or she will understand if you feel nervous. 
• Always address the judge as “Your Honor.” 
• While the hearing may not take very long, be prepared to spend all day in court (There may be hearings before yours). You should make child care arrangements if possible.
• If your abuser comes to court with a lawyer and you are not represented, ask the judge for a continuance so you can look for a lawyer.
• Once your case is called, enter the courtroom and find a seat.  It is your right to take another seat if the abuser sits next to you, and to receive help from court staff in keeping the abuser away from you.
• Stand when the judge enters and sit when the judge or bailiff asks you to.
• Relax and remain calm.  Take deep breaths if you feel yourself getting tense.  Never lose your temper in the courtroom.
• Always tell the truth. 
• If you don’t understand a question, just say so.
• If you don’t know the answer to a question, just say so.  Never make up an answer.
• Tell the judge if you want custody of your children, if you own joint property with the abuser (including your home), and what you will need to financially support yourself and your children.

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What is the order of events in the courtroom?

• At the hearing, everyone who testifies will swear to tell the truth.
• You will tell your side of the story first.
• The judge and your abuser may ask you questions.  If you are afraid to answer any of them, tell the judge.
• When you are finished, your witnesses will take the stand.  You may ask them questions, and then the judge and the abuser will have a turn to ask them questions.
• The abuser will tell his side of the story.  It may be very different from yours.  The judge will ask him questions, and you may also ask him questions.
• The judge will make a decision after hearing both sides and considering the evidence.

If the judge decides in your favor, you will be given a copy of the Protective Order. Review it carefully before you leave the courthouse. If you have ANY questions about it, or you believe something is wrong or missing, be sure to ask the judge or court clerk before you leave.

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What should I do when I leave the courthouse?

• Make several copies of the order as soon as possible.
• Keep a copy of the order with you at all times.
• Let your employer, domestic violence advocate, minister, clergy, family members, and/or your closest friends know that you have a protective order in effect.
• Leave copies of the order at your work place, at your home, at the children’s’ school or daycare, in your car, with a sympathetic neighbor, and so on.
• Give a copy to the security guard or person at the front desk where you live and/or work.
• Give a copy of the order to anyone who is named in and protected by the order.
• If the court has not given you an extra copy for your local law enforcement agency, take one of your extra copies and deliver it to them.
  • One week after court, call your local law enforcement offices to make sure they have received copies of the order.
• Take steps to safety plan. You may wish to consider changing your locks and your phone number.

Ongoing safety planning is important after receiving the order. Women can do a number of things to increase their safety during violent incidents, when preparing to leave an abusive relationship, and when they are at home, work, and school. Many batterers obey protective orders, but some do not. It is important to build on the things you have already been doing to keep yourself safe. We have safety planning suggestions on our Safety Planning page. (You can access the safety planning information any time from the WomensLaw.org Home page.) Advocates at local resource centers can assist you in designing a safety plan and can provide other forms of support.

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I did not get a Protective Order. What can I do?

If you are not granted a Protective Order, there are still some things you can do to stay safe. It might be a good idea to contact one of the domestic violence resource centers in your area to get help, support, and advice on how to stay safe. They can help you come up with a safety plan and help connect you with the resources you need. You will find a list of Utah resources on our UT Links and Resources page. You will also find information on safety planning on our Safety Planning page.

You may also be able to reapply for a Protective Order if you have new evidence to show the court that domestic abuse did occur, or if a new incident of domestic abuse occurs after you are denied the Order.

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What can I do if the abuser violates the order?

Call the police or sheriff, even if you think it is a minor violation.  It is a crime and contempt of court if the abuser knowingly violates the order in any way. An abuser can be arrested, fined and jailed for violating any provision in the order.

Make sure a police report is filled out, even if no arrest is made.  If you have legal documentation of all violations of the protective order it will help you have the protective order extended or modified. It is also a good idea to write down the name of the responding officer(s) and their badge number in case you want to follow up on your case. 

If the police do not make an arrest in response to a violation of your protective order, you may still file civil charges against the abuser yourself in a district court.  You may have to hire an attorney to file civil charges.

If you feel that that an arrest should have been made by the police but they failed to do so, you can file a complaint through the attorney general’s victim’s rights council.  The attorney general’s phone number is (801) 366-0260. Or toll free at: 1-800-244-4636.

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How do I change or extend the order?

If you want to have your order modified (changed), terminated, or extended, you will have to go Back to the court where you received the order and file a motion for another hearing. 

The court will set a date for a hearing and your abuser will be served with a copy of the motion and a request to be present. You must attend this hearing and tell the judge why the change, extension, or cancellation is necessary. If you want to extend your Protective Order, you must apply for an extension (a motion to modify the order) before your original order expires.

Note: The court may be less willing to offer you its protection in the future if you have an order dismissed (canceled).

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What happens if I move?

Your order is good anywhere in the state of Utah.  You should register your order at the district court if you move to a new county.

Additionally, the federal law provides what is called "Full Faith and Credit," which means that once you have a criminal or civil protection order, it follows you wherever you go, including US Territories and tribal lands. Different states have different rules for enforcing out-of-state protection orders. You can find out about your state's policies by contacting a domestic violence program, the clerk of courts, or the prosecutor in your area.

If you are moving out of state, you should call the battered women's program in the state where you are going to find out how that state treats out-of-state orders.

If you are moving to a new state, you may also call the National Center on Full Faith and Credit (1-800-903-0111) for information on enforcing your order there.

Note: Injunctions may not be enforceable on military bases, and military protective orders may not be enforceable off base. Please check with your local police department, court clerk, and/or domestic violence advocate for more details. Please see our Military Info page for more information.

Because an Ex parte Order is given based only on your information and the abuser did not have an opportunity to be heard, there may be limitations on the enforcement of an Ex parte Order in another state.

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• afraid of suffering bodily injury
• suffer emotional distress

To read the exact wording of the law, please see "76-5-106.5. Definitions - Stalking - Injunction - Hearing" on our Utah Legal Statutes page.

Please review the above information regarding protective orders for further information on hearings, how to have the stalker served, and what to do after you get the injunction.

Violation of a Stalking Injunction is a crime, and you should call the police as soon as possible if your abuser violates the injunction. See What can I do if the abuser violates the order? for additional information.