How to Fight an Unfair Restraining Order

State and federal laws are designed to protect United States citizens from unfair and unjust actions.

Unfortunately, even the most well-intended laws and legal processes could be used in a manner that is unfair to you or even contradicts the design of the law. There is perhaps no better example than restraining orders.

What You Need to Know about Restraining Orders

In Utah, a restraining order is designed to restrict your behavior, actions, or perceived violence.

Restraining orders are often used in child custody and domestic violence cases, as well as cases involving alcohol or drug dependency. Restraining orders are official legal orders, and state law is strict regarding your adherence to the terms therein.

It is an unfortunate reality that restraining orders are sometimes used in an unfair, unethical, or even unlawful manner.

There are specific guidelines that must be met for an individual to file a restraining order; however, it is possible for this process to be mishandled or be completed untruthfully.

Some of the most common ways a restraining order is abused include:

  • Revenge or malicious attack on another person
  • Exploitation of another person
  • Desire to control another person or situation
  • Inaccurate belief that a threat exists

The effects of such abuse may be exacerbated by the fact that many courts do not screen restraining order applicants before initiating the process.

How to Object to an Unfair Restraining Order

It is important that Utah residents understand that there are legal options to challenge an unfair restraining order.

What can you do?

  • Educate yourself in the legal process of obtaining and maintaining a restraining order.
  • Obtain legal counsel to be certain that you act in accordance with the law.
  • Be an active participant throughout your case.
  • During the process of challenging an unfair restraining order, abide by the terms of the order as it stands to avoid being found in contempt of court.

In Utah, if you find yourself the respondent to a restraining order, you are legally allowed to object to the order.

You may have been provided with a “Request for Hearing” document when you were served the original papers. This document must be completed and returned to the appropriate court within 30 days.

If the 30-day statute of limitations expires and you have not completed the objection process, you will be limited in the changes that the court can make to the original order.

Like most states, Utah law is strict regarding restraining orders and the process to obtain and object to them. If you are unable to present your case for objection, you may find yourself unable to purchase or possess a firearm, may be limited in your ability to obtain custody rights, and may be restricted from other activities, locations, and people.

We Can Help

It is crucial to the objection process that you seek legal guidance immediately upon being served with a restraining order. This area of the law is complex, and your case deserves professional, trustworthy attention.

Contact the Law Office of Kelly Peterson today to learn more about your rights, responsibilities, and options to object to an unfair restraining order.

Kelly Peterson
About the Author

Experienced Divorce Lawyer Kelly Peterson handles child custody, visitation, paternity, grandparent rights and mediation cases.

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*Child Welfare Law Specialist Nat’l Assoc. of Counsel for Children