Restraining Orders

The protections you get can will depend on the type of order.

In an ex parte protective order, the judge can:

1. order the abuser to:
   
   • stop committing or threatening to commit domestic violence or abuse;
   • stop harassing you or any family or household member named in the order;
   • stop calling, contacting, or communicating with you or anyone named in the order in any way, including indirect contact. Note: There is an exception for communication related to any parent-time provisions in the order;
   • leave (be excluded from) your home;
   • stay away from your or a family or household member’s vehicle, home, school, work, place of worship, or any other place you visit often unless the abuser attends the same school, is employed by the same employer, or attends the same place of worship. In that case, the judge cannot order the abuser to stay away from those places, but they can regulate the abuser’s behavior in those places;
   • not buy, use, or have a firearm or other weapon specified by the judge. Note: To order this, the judge must find that the abuser’s use or possession of a weapon may pose a “serious threat of harm to you”;
   • give you use of a car or any other personal items, and order that law enforcement go with you to your home to make sure that you are safe while getting these items;
   • not interfere with or change your phone, utilities, or other services;
   • not physically injure, threaten to injure, or take possession of a household animal that is owned or kept by you or the abuser;
   • not use alcohol or illegal drugs before or during visitation; and
   • not take your children out of Utah;
2. grant you or another person temporary custody of any minor children you share with the abuser;
3. appoint a guardian ad litem for your minor children to represent their interests;
4. order the abuser to maintain an existing wireless telephone contract or account;
5. order you and the abuser to provide financial documents at the hearing for a final protective order, if you requested child support or spousal support; and
6. order anything else the judge decides is necessary for the safety of you and your family or household members.¹

In a full (final) protective order or a no-fault order, the judge can order all of the protections listed above as well as the following additional protections:

1. order your cellphone provider to:

• transfer the account and billing responsibility from the abuser’s name to yours; and
• transfer to you any phone numbers that are primarily used by you or by someone you will live with while the order is in effect;

2. make arrangements for parenting time, with or without supervision by a third party, or deny parenting time if it is necessary to protect the safety of you or your child;² 
3. order child support; and
4. order spousal support.³

Whether a judge orders any or all of the above depends on the facts of your case.

Note: The protections listed in numbers two through six in the first paragraph and all those included in the second paragraph are known as the “civil provisions” of the order. This is important to keep in mind as you continue reading this section because the laws regarding expiration, changing (modification), dismissal, and violations of the order work differently in some cases for civil provisions and criminal provisions.⁴

¹ Utah Code § 78B-7-603(2); see the temporary protective order form
² Utah Code §§ 78B-7-603(3); 78B-7-117; see the protective order form
³ See Utah Code §§ 78B-7-603(7); 77-36-5.1
⁴ See Utah Code § 78B-7-603(6)