Restraining Orders

You can get a protective order for yourself and your minor child against a “cohabitant” who commits domestic violence or abuse against you or when the judge believes there is a “substantial likelihood” of abuse or domestic violence.¹ 

A cohabitant is defined as someone who is at least 16 years old and is:

• your current or former spouse;
• someone who is or was living with you as if they were a spouse;
• a person related to you by blood or marriage, including:
  • a parent;
  • a child;
  • a sibling;
  • any other person related by blood (consanguinity) to the second degree, which includes grandparents, aunts and uncles, and nieces and nephews; and
  • any other person related by marriage (affinity) to the second degree, which includes in-law and step relatives;
• someone with whom you are or were in a consensual sexual relationship;
• a person with whom you have a child in common or are expecting a child, if one of you is pregnant; or
• a person with whom you live or have lived in the same home.²

A “cohabitant” does not include:

• the relationship of natural parent, adoptive parent, or step-parent to a minor child; or
• the relationship between natural, adoptive, step, or foster siblings who are under 18 years of age.³

If you do not meet these requirements, there may be another type of order that applies to your situation. See I did not get a protective order. What can I do? for more information.

¹ Utah Code​ § 78B-7-602(1)
² Utah Code § 78B-7-102(7)(a)
³ Utah Code § 78B-7-102(7)(b)

To file for a protective order on your own as a minor, both you and the cohabitant you are filing against must be:

• at least 16 years old;
• married; or
• emancipated.¹ 

However, it is important to remember that a “cohabitant” cannot include the minor’s parents or siblings.² If you are under 16, an adult can file a child protective order on your behalf in juvenile court.³

¹ Utah Code § 78B-7-102(7)(a)
² Utah Code § 78B-7-202(7)(b)
³ Utah Code § 78B-7-202(1

When two people have protective orders issued against each other, this is often referred to as “mutual orders.” A court can only grant mutual orders if each person:

• files an independent petition against the other for a protective order, and both petitions are served (in other words, if only one person files a petition, a judge can’t decide to issue mutual orders as a result of that one petition);
• proves at a hearing that the other person committed abuse or domestic violence; and
• proves that the abuse or domestic violence committed by the other person was not self-defense.¹

However, if the person filing for a protective order is already the respondent (or criminal defendant) on an existing dating violence protective order, cohabitant abuse protective order (from Utah or another state), a child protective order, or ex parte child protective order, the following additional restrictions apply before the order can be issued:

1. the case must be heard in the same court that issued the existing protective order; or
2. if the case is being heard in a different court, the judge must:
   • determine that it would be impractical for the original court to hear the case; or
   • contact the court that issued the original protective order to discuss the matter.²

​¹ Utah Code § 78B–7–108(1)
² Utah Code § 78B–7–108(3)