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Legal Information: Utah

Restraining Orders

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November 19, 2020

Who is eligible for a sexual violence protective order?

You can only file a petition for a sexual violence protective order if the person who committed sexual violence against you is:

  • not someone you have been in a relationship with (“dating partner”); and
  • not a family or household member (“cohabitant”), which is defined as:
    • a spouse or former spouse;
    • someone with whom you were living as if s/he were your spouse;
    • your relative (parent, grandparent, sibling, etc.);
    • someone with whom you have a child in common, or who is the parent of your unborn child;
    • a person who resides in the same house as you; or
    • someone with whom you are or were in a consensual sexual relationship.2

The law says that a person cannot seek a sexual violence protective order on behalf of a child.3 If a child has experienced abuse, the child might be eligible for a Child Protective Order.

1 UT ST § 78B-7-503(1)(a)
2 UT ST § 78B-7-502(2)
3 UT ST § 78B-7-503(1)(b)