Know the Laws: Utah

UPDATED August 21, 2009

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• What if the stalking injunction is violated?
• What is a Stalking Injunction?

back to topWhat if the stalking injunction is violated?

Violation of a stalking injunction is a crime, and you should call the police as soon as possible if your abuser violates the injunction.

A law enforcement officer can arrest a person if they have probable cause to believe a person has violated a stalking injunction, even if the event did not occur in the presence of the officer. A violation of a stalking injunction amounts to a criminal offense of stalking.* If this is the person’s first offense of stalking, it will be a class A misdemeanor.** If the violator has previously been convicted of stalking, or a felony, s/he may be guilty of a second or third degree felony.***

For more information, please visit the Stalking Resource Center:

Stalking Resource Center of the NCVC
For Victim Assistance, call 1-800-FYI-CALL.
Email: gethelp@NCVC.org
Website: www.ncvc.org/src/
The Stalking Resource Center, run by the National Center for Victims of Crime, offers stalking-related state and federal statutes and other related info.

*U.C.A. 1953 § 77-3a-103
**U.C.A. 1953 § 76-5-106.5(6)
***U.C.A. 1953 § 76-5-106.5(7)-(8)

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back to topWhat is a Stalking Injunction?

Any person who believes s/he is a victim of stalking may file a petition for a stalking injunction with the district court. You can get a stalking injunction against anyone who is stalking you. This includes neighbors, friends, landlords, tenants, or a girlfriend or boyfriend with whom you've never lived. Unlike a protective order, it does not limit the individuals you can file an order against.

The steps for getting a stalking injunction are similar to the Steps for Getting a Protective Order.

In Utah, an offense of stalking means the person has engaged in a course of conduct (doing something at least two times) that includes one of the following acts:

• Follows, monitors, observes, photographs, threatens, or communicates to or about you, or interferes with your property directly, indirectly, or through any third party
• Approaches or confronts you
• Appears at your workplace or contacts your employer/coworkers
• Appears at your house, contacts your neighbors or enters your property
• Sends materials to you, your family, employer, or your friend
• Places an object or delivers an object to your property, or place of employment
• Uses the computer or text messaging to follow, monitor, or threaten you*1

A person is guilty of stalking if they intentionally or knowingly do these things intentionally, knowing that it would cause a reasonable person (you) to:

1. fear for your safety (or someone else’s safety);
2. or suffer emotional distress.*2

The stalker may not defend themselves by saying that s/he did not know that the conduct was unwanted, or that s/he did not intent to cause fear or emotional distress.*3

If you believe that you are a victim of stalking, you must file a petition for a stalking injunction against the person with the district court where you live, where the stalker lives, or where any of the stalking events occurred.*4

Note: If you are a minor, you can file a petition on your own (with your parents present), or a parent/guardian can file one for you.*4

See the UT Courts website for the relevant forms for filing a petition for a civil stalking injunction. On the petition, you are the petitioner. You must include your address, as well as the name and address of alleged stalker (respondent). You must also describe the events and dates of the stalking, as well as any police reports, letters, or other information relevant to the events.*5

Note: If you do not want your address disclosed on your petition, let the court know. Your address can be kept on a separate document which will not be released to the stalker.*6

If the judge decides that stalking has occurred, an ex parte injunction may be ordered by the court. It can include any of the following orders:

1. Instructing the stalker (respondent) from stalking you
2. Order the stalker to stay away from your work, school, or other property
3. Prohibiting the stalker from contacting you, your employers, employees, or others
4. Any additional relief that is necessary in your circumstances*7

The respondent can request a hearing based on the ex parte hearing within 10 days of being served with the injunction. If the respondent does not request a hearing within the 10 days, the ex parte injunction automatically becomes a civil stalking injunction and will be in effect for 3 years. However, you can cancel the injunction at any time by applying to the court. *8

Please review the information regarding protective orders for further information on hearings, how to have the stalker served, and what to do after you get the injunction.

*1 U.C.A. § 76-5-106.5(1)
*2 U.C.A. § 76-5-106.5(2)
*3 U.C.A. § 76-5-106.5(4)
*4 U.C.A. 1953 § 77-3a-101(2)
*5 U.C.A. 1953 § 77-3a-101(4)
*6 U.C.A. 1953 § 77-3a-101(4)(a)
*7 U.C.A. 1953 § 77-3a-101(5)
*8 U.C.A. 1953 § 77-3a-101(5)(6), (9), (13)

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