Obtaining or Challenging a Protective Order in Utah
Unfortunately, divorce can be complex, contentious, and even violent in some situations. When domestic violence is a factor, a protective order (often referred to as a “restraining order”) may be needed to keep the abusive party away from the victim during the divorce process. At Nelson, Taylor & Associates, our Salt Lake City domestic violence attorneys represent victims of domestic violence in Salt Lake City, as well as those seeking to challenge a protective order.
Protect yourself and your rights. Contact us today at (801) 901-7046 for a confidential consultation.
What Does a Protective Order Do?
Only a judge may enforce a protective order, usually upon the request of the victim (petitioner). The individual who the order is addressed to is called the respondent. If the court finds that the respondent has committed violent acts against or has threatened the petitioner, then the order will be enforced and can tell the respondent to:
Not commit violence against the person listed on the order
Not contact or communicate with the person on the order
Not enter or approach the person's residence, work, school, or place of worship
Not possess or purchase a firearm or any type of weapon
Establishing Protective Orders
When a divorce involves a domestic violence situation, steps may need to be taken to protect the victim from further abuse. A protective order can be a powerful tool to protect victims of domestic violence. The process begins with petitioning the court for a protective order. The judge will review the petition and make a decision about granting a temporary protective order, and a hearing date will be set.
Protective orders may be granted for victims of:
Physical abuse
Verbal abuse
Stalking
If you need help in a domestic violence situation, we can evaluate your case and recommend the best way to proceed. Our Salt Lake City domestic violence lawyers can help prepare your petition for a protective order and appear with you at the hearing. Our primary goal is to ensure that you are safe before we proceed with the divorce process.
Types of Domestic Violence
Domestic violence is not limited to physical harm—it can take many forms, all of which can impact legal proceedings, including divorce and child custody. Some common types include:
Physical Abuse – Hitting, pushing, choking, or any physical harm. This is the most recognized form of domestic violence and often leads to protective orders and criminal charges.
Emotional Abuse – Verbal threats, intimidation, humiliation, and psychological control. While harder to prove, it can still play a role in protective order cases.
Financial Control – Withholding money, controlling bank accounts, or preventing a spouse from working. Financial abuse can impact spousal support and property division.
Coercion & Threats – Forcing someone to act against their will through threats or intimidation. This can affect custody arrangements and protective order decisions.
Victims of any form of domestic violence may be eligible for a protective order to ensure their safety and legal protection.
Temporary vs. Permanent Protective Orders
A temporary protective order (TPO) is a short-term legal measure granted when immediate protection is needed. It typically lasts until a court hearing, which is usually scheduled within two weeks. A TPO can:
Require the abuser to stay away from the victim’s home, workplace, or school
Prohibit any form of contact, including phone calls, messages, or third-party communication
Restrict access to children, depending on the situation
A permanent protective order (PPO) is issued after a court hearing where both parties present their case. A judge may grant a PPO if they determine the victim is in ongoing danger. A PPO can last for months or even years and may:
Include long-term restrictions on contact and proximity
Impact child custody and visitation rights
Prohibit firearm possession by the restrained individual
Violating a Protective Order: Consequences & Legal Defenses
Violating a protective order is a serious offense in Utah and can lead to criminal charges. Consequences may include:
Misdemeanor or felony charges – Depending on the severity of the violation
Fines and jail time – A first-time offense may result in up to one year in jail and fines up to $2,500
Additional legal restrictions – Further limitations on custody, visitation, or firearm possession
If falsely accused of violating a protective order, potential legal defenses include:
Lack of intent – Proving the contact was accidental or unavoidable
False accusations – Demonstrating that the claims were made maliciously or without evidence
Insufficient proof – Challenging the credibility of the evidence presented in court
Frequently Asked Questions (FAQ)
Can a protective order be issued without notifying the accused person?
Yes, in some cases, a judge can grant a temporary protective order (TPO) without the accused being present. However, a hearing is usually scheduled within 14 days, giving the accused a chance to respond.
Does a protective order show up on a background check?
Yes, if a protective order is issued against you, it may appear in background checks, especially for jobs requiring security clearances or firearm ownership.
Can a protective order be modified or removed?
Yes, either party can request a modification or dismissal of the order. The court will review the request and determine if there is a valid reason to make changes.
What happens if both parties try to contact each other after a protective order is issued?
Even if both parties want to communicate, the restrained person is legally prohibited from doing so. Violating the order can result in criminal charges, even if the protected person initiates contact.
Does a protective order affect child custody?
Yes, a judge may consider domestic violence allegations when deciding custody arrangements. A protective order can limit or prohibit visitation rights.
Can I get a protective order if I was never physically harmed?
Yes, Utah law allows protective orders for emotional abuse, stalking, harassment, and threats of harm, even if no physical violence has occurred.
What should I do if someone falsely accuses me of domestic violence?
Gather evidence, avoid direct contact with the accuser, and consult an attorney immediately. A false accusation can impact your legal rights, including child custody and employment.
How Can You Challenge a Protective Order?
While a protective order can be essential in certain situations, a false allegation can have a negative impact on child custody, child support, and other aspects of the divorce process. In these situations, we represent clients seeking to modify, dismiss, or vacate a protective order. In the meantime, it is important that you follow all aspects of the protective order and avoid all contact with the alleged victim to protect your own best interests.
