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EspañolWho 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”),1 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-7-102(5)(a)
3 UT ST § 78B-7-503(1)(b)
How much does it cost to get a sexual violence protective order?
There is no fee to file for a sexual violence protective order.1
1 See Utah Courts website
Do I need an attorney to get a sexual violence protective order?
You do not need a lawyer to get a sexual violence protective order, but it is often better to have one. If you do not have a lawyer, the court clerk, or an agency designated by the clerk, will provide you with forms and information regarding sexual violence protective orders.1 It may be in your interest to get an attorney, especially if you think the abuser will be represented by one. You may be able to find an attorney on our UT Finding a Lawyer page.
1 UT ST § 78B-7-507(3)
What are the steps to get a sexual violence protective order?
The steps for getting a sexual violence protective order will be similar to the steps for getting a cohabitant abuse protective order, but you will need to fill out different forms.
You can go to our UT Download Court Forms page to find the forms online. Otherwise, you can get the forms at the courthouse when you go to file.
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 arrest him/her. Violation of a sexual violence protective order is a class A misdemeanor.1 A class A misdemeanor is punishable by up to 364 days in jail a fine of up to $2,500 or both.2
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
2 UT ST §§ 76-3-204(1); 76-3-301
Can a sexual violence protective order be extended?
To extend your sexual violence protective order, you have to file a motion to extend before your order expires. You will have to prove one of the following to the judge at a hearing:
- there is a substantial likelihood the abuser will commit sexual violence against you;
- the respondent committed a violation of the sexual violence protective order;
- the respondent was convicted of a violation of the sexual violence protective order;
- the respondent committed sexual violence after the protective order was issued; or
- the respondent was convicted of sexual violence after the order was issued.1
A sexual violence protective order can be extended once, for three years.2
1 UT ST § 78B-7-505(3)(a)
2 See Utah Courts website
