If I am going through a divorce, will that affect the length of my protective order?
If a divorce proceeding is pending between parties to a protective order action, the protective order will be dismissed when the court issues a decree of divorce if:
- the respondent (abuser) files a motion to dismiss the protective order in both the divorce action and the protective order action (and you are personally served with both); and
- either of the following happen:
- both you and the abuser agree, in writing or orally, during the divorce case to dismiss the protective order; or
- based on evidence at the divorce trial, the judge determines that you no longer have a “reasonable fear of future harm, abuse, or domestic violence.”1
1 UT ST § 78B-7-605(3)