DIFFERENT TYPES OF UTAH PROTECTIVE ORDERS

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When dealing with violence, everyone needs protection.

In Utah, you have three basic types of protective orders that you can petition a Utah District Court for physical protection.

Juvenile Protective Order:

Juvenile protection orders are found at Utah Code 78B-7-2.

Who can apply?

Any interested person may file a petition for a protective order on behalf of a child who is being abused or is in imminent danger of being abused. Sometimes the child themselves file a protective order, sometimes it is the parent or guardian. These protective orders are sometimes misused and attempted by one parent during the pendency of a divorce or custody proceeding to gain custody of a minor child. Other times, there are legitimate petitions to avoid a child being physically or sexually abused.

Domestic Violence Protective Order:

Technically called the Cohabitant Abuse Protective Order. These orders are found also at Utah Code 78B-7-1. These protective orders are your classic domestic violence protective orders.

Who can apply?

Any emancipated child, or a person who is 16 years of age or older who:

  1. (a) is or was a spouse of the other party;
  2. (b) is or was living as if a spouse of the other party;
  3. (c) is related by blood or marriage to the other party;
  4. (d) has or had one or more children in common with the other party;
  5. (e) is the biological parent of the other party’s unborn child; or
  6. (f) resides or has resided in the same residence as the other party.

These orders, like juvenile protective orders, can be misused by a parent during the pendency of a custody battle to get the child(ren) from the other parent. Like the child protective order, if you violate these orders you can be charged with a Class A Misdemeanor.

Stalking Protective Orders:

An anti-stalking protective order is used when you are not related to the abuser or do not fit one of the categories of the broader domestic violence cohabitant abuse protective orders described above. Another key distinction between a stalking protective order and their juvenile and adult version is that a stalking order requires two or more stalking defined instances. Where the other protective orders only require one incident of abuse or imminent abuse.

Who can apply?

Any person who feels that a third party is stalking them in two or more stalking incidents as defined by Utah law. Stalking injunctions may not be obtained against cops, governmental investigators, or licensed private investigators, acting in their official capacity.

You need to prove at least two stalking acts and the statue is much broader on what types of acts constitute stalking compared to what constitutes abuse under child or adult protective orders.

Conclusion.

If you are in need of a protective order, call Howard Lewis & Petersen, PC for a free consultation at (801) 373-6345.