Who can file for a protective order?
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 as if s/he were a spouse;
- a person related to you by blood or marriage - including a parent, grandparent, sibling, or any other person related by blood or marriage to the second degree;
- someone with whom you are or were in a consensual sexual relationship;
- a person with whom you have a child in common;
- someone with whom you are expecting a child, if one of the parties is pregnant; or
- a person with whom you live/lived in the same home.2
A “cohabitant” does not include:
- the relationship of natural parent, adoptive parent, or step-parent to a minor; or
- the relationship between natural, adoptive, step, or foster siblings who are under 18 years of age.3
Note: If you are being abused by someone who you dated but with whom you never lived, you may be eligible for a dating violence protective order. If you are seeking a protective order only for your child, and not also for yourself, your child may be eligible for a child protective order. If you do not qualify for a cohabitant abuse protective order, you may be able to get a civil stalking injunction. You can read more about this type of order on our Stalking Injunctions page.
1 UT ST § 78B-7-602(1)
2 UT ST § 78B-7-102(4)(a)
3 UT ST § 78B-7-102(4)(b)