Restraining Orders

In an ex parte protective order, the judge can:

1. order that the abuser do all of the following:
   • stop committing or threatening to commit domestic violence or abuse and 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. There is an exception for communication related to any parent-time provisions in the order;
   • be excluded from (leave) your home;
   • stay away from your vehicle, home, school, work, place of worship or any other specific place you go to often unless the abuser attends the same school, is employed at the same place of employment, or attends the same place of worship – in that case, the judge cannot order the abuser to stay away from those places but can regulate the abuser’s behavior in those places;
   • stay away from a family or household member’s vehicle, home, school, work, place of worship or any other specific place your family or household member goes to often unless the abuser attends the same school, is employed at the same place of employment, or attends the same place of worship – in that case, the judge cannot order the abuser to stay away from those places but can regulate the abuser’s behavior in those places;
   • not purchase, use, or possess 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 an automobile or any other personal items and order that law enforcement accompany you to your residence to make sure that you are safe while getting possession of these items;
   • not interfere with or change the your phone, utility 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 the children out of Utah;
2. grant you or another person temporary custody of any minor children you share with the abuser;
3. order an attorney to be a guardian ad litem for any minor children to represent their interests;
4. order the respondent 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 your safety and the safety of your family or household members.¹

In a full (final) protective order, the judge can order:

• all of the protections listed above; and
• the following additional protections:
  1. order your wireless phone provider to:
     • transfer the account from the abuser’s name to yours; and
     • transfer to you any phone numbers that are primarily used by you or by someone with whom you will live 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 and
  3. child support and/or 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 number two in the second paragraph are known as the “civil provisions” of the order.⁴ This is important to keep in mind as you continue reading in this section because the laws regarding expiration, modification, dismissal, and violations of the order distinguish between civil provisions and other provisions.

¹ UT ST § 78B-7-603(2); see the temporary protective order form
² UT ST §§ 78B-7-603(3),(4); 78B-7-117; see the protective order form
³ See UT ST § 78B-7-603(7)
⁴ UT ST § 78B-7-603(6)(b)