What types of sexual violence protective orders are there? How long do they last?
There are two types of sexual violence protective orders in Utah: temporary orders and final orders issued after a hearing.
A temporary sexual violence protective order is an order that can be granted on the day you first apply for an order in court. Whether you get this order will be based on the information you include in your petition as well as your testimony or any evidence you present when you are in front of the judge who is reviewing your petition. You can get the order “ex parte,” which means without the abuser being present in court or notified of your application for a temporary order.1 The temporary order will last up to 20 days or until your court hearing for an extended order takes place. This time can only be extended if:
- a party is not able to attend the hearing because of a good reason (good cause) and the party sends an affidavit to the court explaining this good cause;
- the respondent has not been served; or
- there is some other important and convincing reason (exigent circumstances).2
A final order will last for up to one year.3 The judge can grant a final order after the abuser has been given notice of the court hearing and a hearing takes place in which you and the abuser each have an opportunity to present evidence, witnesses, and testimony to prove your case.4 You may want to have a lawyer represent you at this hearing, especially if you think the abuser will have one. For free and paid legal services, go to our UT Finding a Lawyer page.
1 UT ST § 78B-7-504(1)(a)
2 UT ST § 78B-7-505(1)
3 UT ST § 78B-7-505(1)(e)
4 UT ST § 78B-7-505(1)(a)