How To Get A Restraining Order In Utah

A restraining order in Utah is a document issued after a petition or request is submitted to the district court in the area. The main goal of a restraining order is to keep the petitioner and/or their family safe from another individual (respondent). A restraining order is issued if a court determines that the respondent's presence poses a danger to the petitioner. If a Protective Order is issued, the respondent will be prohibited from engaging in specific behaviors. Depending on the parties ' relationship, this may entail having no interaction or physical contact with the petitioner and avoiding the petitioner's home, place of employment, school, or car.

Chapter 7 of the Protective Orders and Stalking Injunctions and Chapter 5 of the Utah state legislature describe and define restraining orders. These documents typically become a part of Utah civil court records and are made accessible to the public on request.

Types Of Restraining Orders in Utah

The types of restraining orders in Utah include:

• Workplace Violence Protective Order: Per Utah Code 78B-7-1101 to 78B-7-1105, the Workplace Violence Protective Order can help stop workplace violence. It can order someone not to hurt or threaten to hurt employees while at work and to stay away from the workplace. An employer usually requests this type of protective order to protect their business, their employees, or both if one of the employees has been targeted for workplace violence or threatened.
• Child Protective Order: A child protective order (Utah Code Section 78B-7-202) applies to situations where a minor is believed to be physically or sexually abused.
• Sexual violence protective orders: These apply to situations where there is a substantial likelihood that the petitioner is subjected to violence. The examples of these restraining orders include a Dating violence protective order or a Cohabitant protective order.
• Elderly and Adult Protective Orders: These are granted to safeguard individuals 65 years of age or older or vulnerable dependent adults who are being abused or neglected.

Are Restraining Orders Public Record In Utah?

Yes, restraining orders in Utah are considered public records as per the Government Records Access and Management Act (GRAMA), Utah's public records law. The GRAMA allows people to properly request and access several types of government data, including records about restraining orders.

Courts issue restraining orders, and with few exceptions, court records are often accessible to the public. This implies that the public could look up anything said in court and "on the record". The court's decision and the hearing on a restraining order are usually public records. Though not always easily accessible, this type of Information is available. Finding court records of a restraining order would require knowing which court heard the case, and access to court records is sometimes paid for.

How To Look Up Restraining Orders In Utah

Below are the options for looking up restraining orders in Utah:

• In person: interested persons can visit any Utah court and request a search for restraining orders issued by the court. Individuals can also use court dockets and public access terminals at the courthouse to search for restraining order decrees.
• Online using the Utah Judicial Branch exchange portal.
• Using third-party websites.

Can You Look Up a Restraining Order Online?

Yes. Citizens can search for a restraining order online using the Utah Judicial Branch's exchange portal. The portal can be used to search for Information on restraining orders issued by the district courts and entered into the local court's computer system. Alternatively, individuals can visit any local court and search their in-house database for restraining orders issued by that court. These internet portals provide access to judgments, orders, decrees, and the minute entries of public hearings.

Persons who want to find out restraining order information for particular cases can use the Utah Department of Public Safety protective order notification portal to search for the latest Information on protective orders. This portal can be queried by providing the case number of the restraining order proceeding.

Third-party websites provide a way for individuals to look up restraining orders online. These websites are owned by private companies that cutrate pubic records on a searchable online database as a service. Users can easily search for Information on restraining orders and civil stalking using the names of persons in the case and the case number provided by the presiding court.

How To File A Restraining Order In Utah

Individuals can follow these steps to file a restraining order in Utah:

• Step 1: Find and complete the appropriate forms: To obtain a protective order in Utah, one must complete and submit the necessary paperwork to the court. The petitioner must file the paperwork in the district court in the county where the events occurred, the petitioner lives, or both. The forms required to initiate a protective order case can be submitted by mail, email, or person. Examples of the forms required for the filing include the Sexual Violence Protective Order form and the Dating Violence Protective Order form. These forms are available on the Utah judicial webpage's forms section.
• Step 2: Wait for the court judgment: A judge will typically review a request for a protective order the same day it is filed, and if the judge denies the request, the petitioner may request a hearing to present evidence to try to persuade the court that a protective order should be issued. The petitioner must submit a Request for Hearing form to the court within five days to request a hearing. The judge may also grant the request, sign a temporary "ex parte" protective order, and schedule a hearing within 21 days.
• Step 3: Attend the Hearing: If the court granted a temporary protection order, it will schedule a hearing within 21 days. The date and time for the hearing will be stated on the temporary protective order. The purpose of the hearing is to allow both parties to argue and provide any supporting documentation for the court's decision to grant a three-year protective order.
• Step 5: If the court approves the request, the sheriff or constable will serve a copy of the order on them; if they are not in Utah, the petitioner must make arrangements for service with a sheriff or constable in the state where the respondent resides.

Can You File A Restraining Order For No Reason In Utah?

No, Utah laws require that the petitioner present sufficient proof when filing for a restraining order. Evidence that a crime has been committed provides a basis for issuing any restraining order in Utah.

What Proof Do You Need For A Restraining Order In Utah?

When someone gets a restraining order in Utah, they must present some proof to support their request. While the legal process may not require the same degree of evidence as a criminal case, the court nonetheless requires a valid basis to believe that abuse, harassment, or threats have happened. In general, the evidence provided must show that:

• The applicant for a protective order has experienced abuse or domestic violence, or there is a significant risk of abuse or domestic violence (78B-7-103. Abuse or danger of abuse — Protective orders).
• A child "is being abused or is in imminent danger of being abused" (78B-7-202. Petition — Ex parte determination — Guardian ad litem — Referral to division) is the subject of the application for a protection order.

In general, an applicant will need to provide at least one of the following types of evidence for a restraining order in Utah:

• Visual proof, including Photos of injuries, such as bruises or cuts, Videos indicating threats, stalking behavior, or hostile actions
• Testimony from witnesses: Restraining order claims might be reinforced by statements made by those who have witnessed or heard incidents of abuse.
• Medical reports: These documents can be used to demonstrate the type and severity of any injuries.
• Behavioral or Emotional Evidence: Statements regarding fear, anxiety, or discernible behavioral changes may support requests for a protective order.
• A Prior History of Threats or Violence: A judge may consider a pattern of behavior if there is a history of aggression or threats documented in previous police reports or arrest records.

How Long Does It Take To Get A Restraining Order In Utah?

The timeline for obtaining a restraining order in Utah depends on the type of order being requested. Administrative issues may also lead to delays. However, Utah courts are required to act quickly once a petition is filed.

• Temporary restraining orders (TROs) are usually issued within 24 hours of a petition, especially when the evidence supporting their issuance is overwhelming.
• Long-term Restraining Order After Hearing — If the judge rules in favor of protection at that hearing, the long-term order is signed 21 days after the petition.

How Long Does A Restraining Order Last In Utah?

The expiration of Utah restraining orders also varies:

• Temporary ex parte protective order: A temporary protective order issued by a Utah court lasts 21 days after the order is issued. Only if one of the parties certifies that they cannot attend the hearing for a valid cause may the court extend the 21-day deadline for a temporary protection order.
• Final protective order: A final protective order typically lasts three years. However, it may include "civil provisions", which could expire within 150 days.

How Much Does A Restraining Order Cost in Utah?

In Utah, filing a restraining order is free. This is to encourage abused persons to file petitions without being discouraged by the costs. Individuals can also submit a fee waiver for extra costs for counter-petitions or counterclaims in a restraining order case.

Can You Cancel A Restraining Order In Utah?

Yes, petitioners and respondents can cancel a restraining order in Utah by filing a request to dismiss form at the court that issued the initial protective order. Following the filing, a copy of the request and notice of the hearing on the modification must be served to the other party. The court will schedule a hearing for the request for dismissal and render a decision based on the arguments and supporting documentation for the cancellation. If the case satisfies the legal standards outlined in Utah State Legislature 78B-7-605, the court may revoke a protection order after a year.