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Legal Information: Utah

Restraining Orders

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November 19, 2020

What can I do if the abuser violates the sexual violence protective order?

If you believe the abuser has violated the order, you can call the police, if that is a safe option for you. If the abuser has been served with a copy of the sexual violence protective order and violates the order, the police can immediately arrest him/her.1 Violation of a sexual violence protective order is a class A misdemeanor.2 A class A misdemeanor is punishable by up to 364 days in jail,3 a fine of up to $2,500,4 or both.

You can also file a motion in the court that issued the order to ask that the abuser be held in contempt of court, which basically means that you are asking that s/he be punished for violating the court order. The judge will review your motion and decide whether or not there will be a hearing. If there is a hearing, you would present evidence about how the abuser violated the order, the abuser would present his/her defense, and the judge would decide whether the order was violated and what punishment should be given to the abuser.

1 UT ST § 78B-7-508(1)
2 UT ST § 78B-7-508(2)
3 UT ST § 76-3-204(1)
4 UT ST § 76-3-301