Criminal Defense Attorney in Layton, Utah
Civil Stalking Injunctions
You can learn more about Civil Stalking Injunctions by visiting utcourts.gov
Filing a Civil Stalking Injunction in Utah
If you feel someone is stalking you, you can request from the court a Civil Stalking Injunction. A Civil Stalking Injunction is an order from the court for the stalker to stop stalking you.
A Civil Stalking Injunction may include orders that can prevent your stalker from continuing to stalk you, contacting you, harassing you, and keeping away from you, your home and/or place of employment, as well as stay away from other people listed in the order.
Our Utah criminal defense lawyers in Layton, Utah have the knowledge and experience you need to help you file a Civil Stalking Injunction and get you the help and protection you need.
What is stalking?
According to the Utah state law, “stalked” means that a person stayed physically or visually close to you, or made threats directed at you.
How do you know if you’re being stalked?
A person is considered to have stalked you if they did these three things:
- Stalked you two or more times.
- Knew or should have known that the stalking would cause a reasonable person to be emotionally distressed or to be afraid of being physically hurt.
- Actually made you or an immediate family member emotionally distressed or afraid of being physically hurt. An “immediate family member” means your spouse, child, sibling, or any other person who lives with you now, or who lived with you within the past 6 months.
You may be required to attend a court hearing
You will most likely be required to attend a court hearing. If the Respondent decides to fight the order, you will have to go to a hearing about the case. The court clerk will give you date for the hearing.
The Respondent might be present at the hearing to defend the order. However, the Respondent does not have the right to speak to you.
At the hearing you will want to present proof of the stalking. In addition to your own statements, you will want to bring witnesses, any photos you have, police reports, and all threatening emails, texts, phone messages, etc,.
Our Utah criminal defense lawyers will help you prepare a solid case against the Respondent and keep you safe and protected from harm.
What if the Respondent does not obey the order?
If the Respondent disobeys the order in any way, call the police. After being served a Civil Stalking Injunction, the Respondent can be arrested and charged with a crime if he/she does not obey the order.
Hire a Civil Stalking Injunction Attorney in Layton, Utah
If you feel you are being stalked, contact our Layton, Utah criminal defense attorneys to file a Civil Stalking Injunction in Utah. We will help you file the Civil Stalking Injunction order and get you the help and protection you need to prevent this person from continuing to stalk and threaten you.
If you have been served a Civil Stalking Injunction
Our Utah criminal defense lawyers in Layton, Utah help clients who have been served with a Temporary Civil Stalking Injunction. These orders are issued without notice to the Respondent. If you have been served a Civil Stalking Injunction hearing notice, you don’t have much time to prepare to defend yourself in the hearing.
While we consider stalking very serious, there are many unsubstantiated and false allegations made that can lead to orders being filed. Unfortunately, these types of orders are filed mostly against men. A Civil Stalking Injunction can be a result of an ongoing divorce or custody battle or a form of retaliation from a failed relationship. You might not have stalked the Petitioner. Let us help you defend yourself in this case.
Consequences of a Civil Stalking Injunction
Having a Civil Stalking Injunction order can bring serious consequences. These orders become public record and can show up in basic background checks by potential employers.
A Civil Stalking Injunction can prevent you from:
- Living in your home (If currently residing with the Petitioner)
- Seeing your children (If Respondent has children with the Petitioner)
- Owning or possessing a firearm or other weapon
- Contacting the Petitioner
- Going near the Petitioner, or others named in the order
You will have to attend a hearing to fight the case
At the hearing, you will not have the right to speak to the petitioner. But you will have the right to fight defend yourself in the case. At the hearing, we will present the court with information and evidence that suggests you were not stalking the Petitioner. Any witnesses, photos, police reports, or email, texts, phone messages that help your make you case should be presented to the court.
Hire a Utah attorney to fight your Civil Stalking Injunction case in Layton, Utah
It is important you hire an attorney to defend you at the hearing. Our Utah criminal defense attorneys will present evidence to show you have not stalked the Petitioner, including call you to testify, asking other witnesses to testify, cross examining the Petitioner and other witnesses, etc,. It is in your best interest to be prepared going into the hearing and having the representation of a qualified attorney. Our criminal defense team is based in Layton, Utah and represents clients throughout the state of Utah.
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- Utah Criminal Code
- Utah Criminal Code- Civil Stalking Injunctions §77-3a-101
- Utah Courts Criminal Penalties
- Information About Civil Stalking Injunctions
- Utah Courts- Civil Stalking Injunction Forms
- Information About Protective Orders
- Utah Legal Services- Stalking Injunctions
- WomensLaw.org- Stalking Injunctions
- CASPA- Civil Stalking Injunctions
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