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 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 Civil Stalking Injunctions page.

¹ UT ST​ § 78B-7-602(1)
² UT ST § 78B-7-102(5)(a)
³ UT ST § 78B-7-102(5)(b)