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Know the Laws: Utah

UPDATED March 29, 2017

Dating Violence Protective Orders

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A civil order that provides protection to a victim of dating violence or abuse by a dating partner.

Getting the order

back to topWho is eligible for a dating violence protective order?

You can file for a dating violence protective order if you are a victim of abuse or dating violence by a dating partner.*  A dating partner is someone who is either emancipated from his/her parents (which means that person is a legal adult) or 18 years old (or older) and is or has been in a dating relationship with you.**  You do not have to have taken any steps to end the relationship before filing for a dating violence protective order.***  If you and the abuser are married, were previously married, have a child together, or currently or previously lived together, you are not eligible for a dating violence protective order but may be eligible for a protective order due to domestic violence/abuse.****

* UT ST § 78B-7-404(2)
** UT ST § 78B-7-404(4)
*** UT ST § 78B-7-403(2)
**** 18 U.S.C. § 921(a)(32); UT ST § 78B-7-403(6)(a)

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back to topWhere can I file for a dating violence protective order?

You can file for a dating violence protective order in district court.  The district court judge will decide whether or not to grant you a temporary (ex parte) order based on the facts of your case.*

If the district court judge does not grant you a temporary (ex parte) order and you still want a dating violence protective order, your case will still be scheduled for a hearing and the abuser will be served with notice unless your case is dismissed.  You will have a chance to prove that you need the order at a hearing.**

* See UT ST § 78B-7-404
** UT ST § 78B-7-405(3)

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back to topWhat are the steps for getting a dating violence protective order?

The steps to get a dating violence protective order are similar to the steps to get a protective order due to domestic violence/abuse, but you may fill out different paperwork.  The court clerk will provide you with the forms you need and with non-legal help filling them out.*  You can find the contact information for your clerk on the UT Courthouse Locations page.  You can also download court forms on our UT Court Forms page.

* UT ST § 78B-7-406(3)(a)

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back to topHow much does it cost to file for an order?

There is no fee to file for an order or to have a dating violence protective order served by law enforcement.*

* UT ST § 78B-7-406(2)

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