Salt Lake City Domestic Violence Lawyers
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.
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
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.
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.