How to Obtain a Protective Order in Provo, Utah

The terms “protective order” and “restraining order” are often used synonymously, though these two legal orders have very different language, protections, and processes.

A protective order is more defined, with the primary design being to protect an individual or individuals from perceived, threatened, or actual violence. As the name suggests, a protective order is designed to give you and your loved ones peace of mind that you are safe and your rights are protected.

How to Obtain a Protective Order

The process for obtaining a protective order follows state guidelines and is monitored and managed by applicable courts. There are several guidelines under Utah law concerning who can obtain a protective order, how to do so, and what you can expect.

Utah courts do not charge a fee to apply for a protective order. Applications can be completed at the courthouse, online, at domestic violence shelters, or by contacting the office of domestic violence advocacy.

Once you complete the application, the Clerk of Court will:

  1. Review your information and the application
  2. Witness you signing the application
  3. Assign you a case number
  4. Prepare the documents for a hearing

 

You will likely be required to attend an “ex parte hearing,” in which the judge reviews the application and moves the order through the process.

Who Can Obtain a Protective Order in Provo?

If you are considering obtaining a protective order, as a petitioner, you must meet the following guidelines:

  • You must have been “harmed” by the individual named in the order, known as the respondent.
  • You must cohabit (live) with the respondent (past or present), be related to him or her, have children together, or be pregnant by the respondent.
  • You and the respondent must both be over 16 years of age

The legal definition of “harm” in Utah law includes the following:

  • Physical attacks, such as hitting, kicking, pulling hair, or using a weapon
  • Harassment, sexual assault, kidnapping, or stalking
  • Restricting or removing your ability to contact help
  • Intimidation and threats

What Happens Next?

Once your application has been processed and a hearing is scheduled, you and the respondent can expect to go before the court. Most Provo, Utah courts schedule hearings 20 days following receipt of the application.

If the respondent fails to attend the hearing, additional papers will be served to him or her personally by the local sheriff’s office.

If the judge enters the application as a “Final Protective Order,” you will be provided with a final copy of the order, as will the respondent.

You may notice both civil and criminal sections on the protective order. These sections outline the details of the order and the duration in which the order stands.

If at any time you feel that a Final Protective Order needs to be amended, or you want to have it dismissed, you must file the appropriate request documents with the applicable court.

We Are Here to Help

Obtaining, amending, or dismissing a protective order can be a complex, emotionally charged process. Fortunately, you are not alone.

At the Law Office of Kelly Peterson, you will find legal guidance you can trust for any delicate matter and the legal experience you need to obtain a protective order.  Contact us day or night to schedule your initial consultation.

 

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