You can also contact the Domestic Violence Hotline. They can help people find resources for emergency housing, medical care, and support and advocacy for you and your children. Call toll-free: 800-897-5465, or visit the Utah Domestic Violence Coalition website.
Contact Legal Aid Society of Salt Lake to see if you qualify for free representation.
Contact Utah Legal Services to see if you qualify for free legal representation.
Call 800-662-4545
Monday through Friday
9:00 am - 2:00 pm
Contact Timpanogos Legal Center for help with preparing your documents.
Call their Hotline 801-649-8895
Monday through Friday
9:00 am – 2:00 pm
After hours leave a message
These web pages provide information about protective orders and stalking injunctions:
See the Finding Legal Help web page for information about free and low cost ways to get the help of an attorney.
This page is about how to ask for or respond to a cohabitant, dating violence or sexual violence protective order.
Some people call this kind of order a "restraining order," but the legal term is "protective order."
The person asking for the order is called the petitioner. They can be protected, along with others like their children.
The person the order is requested against is called the respondent.
If the court finds the respondent threatened or tried to harm the petitioner, the order can:
A protective order can also temporarily give the petitioner custody of any shared children.
If the respondent violates a protective order, they can be arrested and charged with a crime.
There are different kinds. Answer the questions below to understand which one might be right for you.
What is a cohabitant? You are if, regarding the person you need protection from, you:
If you are facing abuse, including:
Then you can ask for a Cohabitant Protective Order. Our general page on Protective Orders tells you how to ask for one. You must be 16 or older.
If you are under 18, you cannot ask for a protective order against your parent or your minor sibling. Read about Child Protective Orders for another option.
What is a dating relationship?
If you were in a consensual sexual relationship, you would be considered to be cohabitants –see above.
A dating relationship does not mean casual fraternization in a business, educational, or social context.
If you are facing dating violence or abuse, which can include:
Then you can ask for a Dating Violence Protective Order. Our general page on Protective Orders tells you how to ask for one. You must be 18 or older or be emancipated.
Sexual assault can include:
You can ask for a Sexual Violence Protective Order. Our general page on Protective Orders tells you how to ask for one.
See our Civil Stalking Injunctions page for information and forms.
If you are afraid that a minor has been or is being:
Then you can file for a Child Protective Order.
A vulnerable adult includes a person who is 65 years old or older, or a dependent adult who has a mental or physical impairment which affects their ability to:
If you are worried that a vulnerable adult is facing:
If you are an employer and someone came to your business causing workplace violence, including:
If a minor child (under 18 years old) is in danger of physical or sexual abuse, see the Child Protective Orders web page .
The petitioner fills out the required forms:
Some form names will be slightly different depending on the kind of protective order requested.
There is no filing fee or cost for the court forms to ask for a protective order.
The petitioner files the papers in the district court in the county where either the petitioner or the respondent lives, or where the events occurred. Utah Code 78B-7-104.
The papers to start a protective order case can be filed in person, by email, or by mail.
When a Request for Protective Order is filed, a judge will usually review the request the same day. The judge will either:
The judge will sign a temporary "ex parte" protective order and schedule a hearing within 21 days. Usually the temporary order will only last until the hearing. The sheriff or constable will serve a copy of the order on the respondent if they are in Utah. If the respondent is outside of Utah, the petitioner must contact a sheriff or constable in the state where respondent lives to arrange for service. The order becomes effective once it is served.
In a cohabitant protective order case, the respondent can ask for a hearing sooner than the scheduled hearing by filing a Respondent's Request to Vacate Temporary Protective Order form before the hearing date. However, this might not actually change the hearing date. Utah Code 78B-7-604(4).
If the judge denies the request for a protective order the petitioner can ask for a hearing to present evidence to try to convince the court that a protective order should be issued. To ask for a hearing, the petitioner must file a Request for Hearing form with the court within five days. The court will have the respondent served with the Petition and notice of the hearing. No Temporary Protective Order will be in place during this time.
If the court grants a temporary protective order, it will schedule a hearing within 21 days. The date and time for the hearing will be written on the temporary protective order.
The hearing is to give both parties a chance to present any evidence and argument about why the court should or should not issue a three-year protective order. Both parties should bring any evidence and witnesses they have to the hearing. If a party does not attend the hearing, or does not bring their evidence to the hearing, that party will miss their opportunity to present their side of the story and their evidence.
Both the petitioner and respondent should go to the hearing.
The court may extend the 21 day period for a temporary protective order only if a party swears they are not able to be present at the hearing for a good reason, the respondent has not been served with the temporary protective order, or if there are exigent (urgent and important) circumstances.
The hearing will be in front of a judge or a commissioner, depending on the district. In Judicial Districts 1, 2, 3 and 4, commissioners handle protective order cases.
After listening to both parties, the judge or commissioner will decide whether to dismiss the temporary protective order or to enter a final protective order. If the court issues a final protective order, the temporary protective order will remain in place until the final protective order is served on the respondent.
If the court issues a final protective order, both parties will get a copy of the order if they are at the hearing. If the respondent is not at the hearing but is in Utah, the sheriff will serve the respondent with a copy of the order. If the respondent is outside of Utah, the petitioner will have to arrange for a sheriff or constable to serve the respondent in the state where the respondent lives.
All protective orders have two parts: criminal and civil. The criminal part of the order includes the personal conduct, no contact, stay away, weapons restriction and property orders. The civil part can include orders on child custody, financial support, use of phones and utilities and retrieving personal property.
If the respondent violates the criminal parts of the protective order, the petitioner can call 9-1-1 for help. The first violation of a protective order is a class A misdemeanor, punishable by up to 364 days in jail and a fine. Subsequent violations are a third degree felony, punishable by up to five years in prison. See the criminal penalties web page for more information.
If either party violates the civil portions of the order the other party can file a motion to enforce order to ask the court to enforce the order, and the violating party could be held in contempt of court.
Sometimes a respondent is required to stay away from the petitioner's home, but the respondent needs to get personal belongings from the home. Here are some options for dealing with this situation:
If the protective order was issued after May 5, 2021 then the civil provisions of the protective order generally last 150 days unless the court finds good cause for extending the expiration date. The criminal provisions of the protective order will typically expire after three years.
If the protective order was issued between July 1, 2020 and May 4, 2021, all of the provisions will typically expire after three years.
If the protective order was issued before July 1, 2020, it could have one of several different expiration dates, including 180 days, one year, 10 years, or no expiration date. Read the order carefully.
Either party can challenge the court's decision. The process depends on whether a commissioner or a judge made the decision.
If a petitioner wants to extend the time the protective order is in effect, they must file a request to extend the protective order before the day on which the order expires. The petitioner must have the respondent served with a copy of what they file. The court will schedule a hearing. At the hearing, the court must find that certain conditions have been met. What the court must find will depend on the type of protective order. See the Forms Section below and scroll down to the "Request to Extend a Protective Order" section.