Criminal Defense Attorney in Layton, Utah

Protective Orders and Restraining Orders


You can learn more about Protective Orders by visiting utcourts.gov.

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Defending yourself against a Protective Order
Violation of Protective Order
Retraining Order

Filing for a Protective Order in Utah

Who can file for a Protection Order in Utah?

If you have been harmed by another person, they have committed a crime. For your own safety, you should contact your local police and file a criminal complaint. In addition, to further protect yourself, you should file a Request for a Protective Order with the Court.

Our Utah criminal defense team in Layton, Utah can help you file a Protective Order and get you the help and protection you need.

What can a Protective Order do for you?

You can learn more about the following information on Protective Orders by visit utcourts.gov

  • Order the Respondent not to harm the Petitioner, the Petitioners children or anyone who lives with the Petitioner.
  • Order the Respondent to stay away from the Petitioner and the Petitioners home, job, vehicle or school, and not to contact or harass the Petitioner in any way.
  • Order the Respondent not to have any guns or other weapons.
  • Order temporary possession of the home, car and essential personal property.
  • Order temporary custody, parent-time and support for the children.
  • Order temporary spousal support if the Petitioner and Respondent are married.
  • Order the children not to be removed from Utah.

Who can get a Protective Order?

The Petitioner can get a Protective Order if:

  • The Respondent has harmed the Petitioner, and
  • The Petitioner and Respondent are related, live with or used to live with each other, are parents of a child together, or if the Petitioner is pregnant by the Respondent, and
  • The Petitioner and Respondent are at least 16, married or emancipated.

– OR –

  • The Petitioner is afraid the Respondent will harm her or him, and
  • The Petitioner and Respondent are related, live with or used to live with each other, are parents of a child together, or if the Petitioner is pregnant by the Respondent, and
  • The Petitioner and Respondent are at least 16, married or emancipated.

What is a Protective Order in Utah?

A protective order is an action which is initiated with a request or a petition and is filed with the local court. The purpose of a protective order is to protect the petitioner from a violent or potentially violent cohabitant. In order to obtain a protective order from the court, the petitioner must present to the court past instances of violence or abuse and demonstrate fear that a threat of violence or abuse exists from the respondent. The respondent must be the petitioners current or former cohabitant.

If the protective order request is granted by the judge, a temporary protective order will be issued with a pending hearing usually within two weeks after the order is issued by the court. The respondent will be personally served the order with a notice of the hearing date. At the hearing the respondent will have an opportunity to defend him or herself against the accusations made by the petitioner. After the hearing the judge will make a decision whether to dismiss the temporary order or make it permanent.

If the protective order is granted from the judge, the responded will be restrained from certain acts. This can include no communication, no physical contact, no coming within the vicinity of the petitioner’s home, vehicle, school, or place of employment. In instances where the parties have children together, arrangements and considerations will be made for parent-time.

Anyone who is harmed by another person, which includes physical attacks, sexual assault, kidnapping, stalking, harassing, restricting movement, stopping someone from calling for help, breaking things or throwing things to intimidate, or trying or threatening to do any of these things, should contact their local police and file a criminal complaint, as well as file a Request for a Protective Order from the court.

The violation of a protective order can have both civil and criminal consequences. Violating a protective order could lead to a contempt proceeding for the respondent, as well as an arrest and criminal prosecution. A protective order can only be dismissed or modified with the consent of the petitioner, or a respondent can request the order be dismissed after two years.

If you feel you have been harmed by another person and are in need of a Protective Order, our Utah criminal defense attorneys have the experience needed to help you file a Request for a Protective Order and give you and your family the protection you deserve.


If you have been served a Temporary Protection Order

Our criminal defense lawyers help clients who have been served with a Temporary Protection Order. If the judge has entered a Temporary Protection Order against you, this means the judge has seen enough evidence to believe you are a threat to the Petitioner. The Temporary Protective Order starts as soon as a copy of the order is served to the Respondent and lasts until the Final Protective Order hearing.

While we consider Protective Orders very serious, there are many unsubstantiated and false allegations made that can lead to these orders being filed. Unfortunately, these types of orders are filed mostly against men. Having a Temporary Protective Order filed against you can be a result of an ongoing divorce or custody battle or a form of retaliation from a failed relationship.

If the judge does not enter a Temporary Protection Order, it usually means there was not sufficient evidence the Petitioner was harmed. However, the Petitioner has the right to request a hearing for a Final Protective Order. In a Final Protection Order hearing, the Petitioner will try and present more evidence he or she was harmed. The consequences of a Protective Order can be severe, so it is important that you speak to an experienced Utah criminal defense attorney to help you defend your case.

Consequences of a Protective Order

One of the consequences of having a Protective Order filed against you is that it includes mandatory arrest provisions if the order is allegedly violated. If there are allegations made by anyone that you have violated the Protective Order and if “probable cause ” is found by the officer investigating the allegation, an arrest is mandatory.

Having a Protective Order filed against you will show up in background checks by potential employers. In addition, it can prevent you from making contact with your children. A Temporary or Final Protective Order cannot be changed or dismissed without the judges approval. The civil part of the Final Protective Order lasts for 150 days from the date the order is signed by the judge. The criminal part of the order lasts indefinitely. The Respondent can ask that it be dismissed after 2 years, but must show good reason to the judge to do so.

Hire a Utah attorney to defend your case against a Protective Order in Layton, Utah

A Final Protective Order has severe enough consequences that you should hire an experienced Utah criminal attorney to help you defend your case.  All parties involved in a domestic dispute which includes a protective order deserves the right to legal counsel. In many cases false allegations can be made to get an order filed against you. Contact our Utah criminal defense team in Layton, Utah and get the legal help you need. We have experience dealing with issues involving domestic disputes and protective orders in Utah


Violating a Protective Order

Violating a Protective Order can lead to an arrest and expensive fines. If anyone alleges that the Protective Order has been violated an officer must investigate the allegation. If the officer finds “probable cause” he is obligated to make an arrest. These mandatory arrest provisions included in the Protective Order will be in affect for the duration of the order, which can last indefinitely.

If you have been charged with violating a Protective Order, talk with one of our Utah criminal defense attorneys to help you fight the allegations. We have experience representing both men and women involved in Protective Orders.


Restraining Orders

A restraining order does essentially what is says, it is meant to restrain any type of behavior or action by another. Generally a restraining order is obtained by filing a motion in an on going court case, such as a divorce, child custody case, paternity action, or other civil lawsuit. A restraining order is a motion asking the court to stop the other party from doing something, such as contacting the other party, committing a violent act, protecting property, or using drugs or alcohol.

Restraining orders can be both temporary or permanent. The duration of the order is based a the parties’ need. It can be modified at any time. Restraining orders are civil actions, meaning if they are violated, the restrained party can be brought back into court for a contempt proceeding. If guilty of contempt, further sanctions may be imposed by the court.


Utah Criminal Defense Lawyers in Layton, Utah

Everyone involved in domestic disputes deserves the right to legal representation. If you need help filing a Protective Order or Restraining Order, or if you need help defending yourself against a Protective Order or Restraining Order, or if you have violated a Protective Order, contact our Utah criminal defense lawyers in Layton, Utah. We represent men and women throughout the state of Utah.

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