YCC Family Crisis Center - 2261 Adams Ave., Ogden, Utah
Advocates from YCC are available to assist you in filing for a protective order or answer questions regarding protective orders. Call the crisis line at 801-392-7273 and ask to speak to a protective order advocate, or call 801-689-1704 for the advocate program coordinator.
Utah Legal Services - 801-394-9431
We encourage you to call us to see if we can help you. We take new calls between the hours of 9:00 am and 2:00 pm, Monday through Friday.
A Protective Order can:
The police can arrest the Respondent for not obeying the Protective Order. Then the judge can order the Respondent to pay a fine or go to jail or both.
A Protective Order is not a substitute for divorce. Permanent child custody, parent time and support and permanent division of property require a divorce decree.
The Petitioner can get a Protective Order if:
If the Petitioner and Respondent are under 16 and not married or emancipated, an adult can ask for a Child Protective Order. If the Petitioner doesnt qualify for a Protective Order, s/he may still be able to get a stalking injunction.
There is no fee for requesting a Protective Order. You have to fill out forms, file them with the court, and attend court hearings. The County Sheriff will serve the Respondent.
Take the completed forms and identification to the district court in the county where you or the Respondent live or where the abuse took place.
Locate the clerks office. Tell the clerk that you want to file a Request for a Protective Order. Show the clerk your drivers license or other identification. The clerk will:
If the Request for a Protective Order convinces the judge that an immediate Protective Order is needed, the judge will sign a Temporary Protective Order. The Temporary Protective Order starts as soon as the Sheriff serves a copy on the Respondent and lasts until the court hearing for the Final Protective Order. The judge can extend the Temporary Protective Order if the Respondent has not been served before the hearing or if there is some other delay.
The court clerk will:
If the judge does not enter a Temporary Protective Order, it usually means there was not enough evidence that the Petitioner was harmed. Even if the judge does not enter a Temporary Protective Order, the Petitioner still has a right to a hearing for a Final Protective Order and should try to present more evidence at that hearing.
If the judge does not issue a Temporary Protective Order, the Petitioner will have to decide whether to request a hearing for a Final Protective Order or to dismiss the petition. Having a hearing for a Final Protective Order is the Petitioner's right. To request a hearing, the Petitioner must file a Request for Hearing form with the court. The court will notify the Petitioner of the hearing and have the Respondent served with the Petition and notice of the hearing. There will be no Temporary Protective Order in place during this time. If you are concerned for your safety, you should take steps to protect yourself.
The hearing for the Final Protective Order is about 20 days after the Request is filed. The date and time for the hearing will be on the Temporary Protective Order.
If the Respondent has not been served with a copy of the Temporary Protective Order before the hearing, the Petitioner should still attend the hearing and request an extension, or the case will be dismissed.
If the judge enters a Final Protective Order, the clerk will give the Petitioner a copy. If the Respondent is at the hearing, the clerk will give the Respondent a copy. If the Respondent is not at the hearing, the Sheriff will serve a copy.
The court clerk will update the information about the Final Protective Order on the Statewide Domestic Violence Network, so it can be accessed by all law enforcement agencies.
There are two parts to the Final Protective Order: civil and criminal. The civil part lasts for 150 days from the date the judge signs the order. The criminal part lasts indefinitely, unless the Respondent requests that it be dimissed after 2 years. The Petitioner and Respondent can ask the judge to lengthen or shorten these times, but must show a good reason for doing so.
*protective order information from utcourts.gov