Restraining Orders

There are three types of protective orders in Utah: a temporary ex parte order, a final order, and a no-fault order.

A temporary ex parte protective order can be granted if the judge believes that domestic violence or abuse has occurred or is likely to occur. The purpose of the order is to protect you and any other “protected parties” listed in your petition from harm.¹ If the judge grants an ex parte protective order, they will set a date for a hearing within 21 days after the order is issued.² If the judge does not grant you an ex parte order, you still have five days after the judge denies your petition to request a hearing for a final protective order.³

A final protective order can be issued only after a court hearing in which both you and the abuser have a chance to appear and present evidence to tell your sides of the story. If the abuser decides not to attend, a protective order can still be granted by the judge. You may still be required to testify about the incidents described in your petition.⁴ A final protective order lasts for three years. However, it’s possible that the part of the order known as the “civil provisions” may expire within 150 days unless the judge believes there is “good cause” to extend the expiration date of the civil provisions.⁵

It’s possible to extend the order to last more than three years. See Can I extend the order? for more information.

The judge may also issue what is called a “no-fault” cohabitant abuse protective order. This order generally follows the same rules as a final cohabitant abuse protective order, including for the types of protections that can be included.⁶ However, both you and the abuser need to agree that this order should be issued as well as the protections included in it. You will both need to tell the judge that you agree.⁷ 

The judge cannot issue mutual no-fault protective orders, which means that only one party can get this type of order.⁸ To comply with federal law, this type of order must inlucde a statement that the abuser is a “credible threat” to you order your children.⁹ However, this type of order cannot be used as proof that the abuser committed domestic violence in any other court case. This is what the “no fault” part of the name means.¹⁰ 

If you are not sure whether it is a good idea to agree to this type of order, you may want to speak to a lawyer.

Note: If you and the abuser are going through a divorce, this can affect the length of the order.⁶ See If I am going through a divorce, will that affect the length of my protective order? for more information.

¹ Utah Code § 78B-7-603(1)(a)
² Utah Code § 78B-7-604(1)(a)
³ Utah Code § 78B-7-604(3)
⁴ Utah Code § 78B-7-603(3)
⁵ Utah Code § 78B-7-606(1)
⁶ Utah Code § 78B-7-601(4); 78B-7-603(4)(b)(i)
⁷ Utah Code § 78B-7-603(4)(a)
⁸ Utah Code § 78B-7-603(4)(b)(ii)
⁹ Utah Code § 78B-7-603(4)(e); see 18 U.S.C. § 922(g)(8)
¹⁰ Utah Code § 78B-7-603(4)(f)(i)