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Know the Laws: Utah

UPDATED December 27, 2016

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You can file a stalking injunction against someone who is stalking you regardless of your relationship to that person.  However, if the person who is stalking you is a "cohabitant" (family/household member or intimate partner), you may want to file for a protective order based on domestic violence/abuse instead.

After an order is in place

back to topCan the order be modified or dismissed?

An ex parte civil stalking injunction or a (final) civil stalking injunction can be dismissed (dissolved) at any time upon your request. You would have to file a petition in the court that issued the order.*  You may also file in court to modify the order.**

It's possible that the respondent can also file in court to ask the court to dismiss or modify the order and the judge will set it down for a hearing where you will have the opportunity to be present and object to the respondent's request.  The burden is on the respondent to show "good cause" why the civil stalking injunction should be dismissed (dissolved) or modified.***

* UT ST § 77-3a-101(13)
** See UT ST § 77-3a-101(11)(b)
*** UT ST § 77-3a-101(10)

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back to topWhat happens if the stalking injunction is violated?

Violation of a stalking injunction is a crime, and you can call the police as soon as possible if the abuser violates the injunction.  You can also file a contempt petition in the court that issued the stalking injunction.*

A law enforcement officer can arrest a person if the officer has probable cause to believe the stalking injunction was violated, even if the officer did not witness the violation.  A violation of a stalking injunction comes under the criminal offense of stalking** and would be a class A misdemeanor  if it is the stalker’s first offense of stalking.***  If the stalker has previously been convicted of stalking, a felony, or meets certain other requirements, s/he may be guilty of a second or third degree felony.****

* UT ST § 77-3a-103(2), UT Courts website
** UT ST § 77-3a-103(1)
** UT ST § 76-5-106.5(6)
*** UT ST § 76-5-106.5(7),(8)

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