Utah Divorce Attorneys Giving You the Representation You Need to Protect Yourself from Domestic Violence During a Divorce

Most people get married intended for their relationship to last. “I do” is meant to be the next stage in a long and happy life with a partner. However, for many people, this is not the case. This is especially true in Utah. As of 2024, the state had the eighth highest divorce rate in America. This has remained consistent for several years. There are multiple reasons why people get divorced. In some cases, the end of the relationship can be amicable. In other cases, domestic violence may be a factor. This violence may extend beyond one partner deciding to end the marriage. If someone is leaving a marriage due to abuse, or abuse had begun occurring after filing for divorce, there are steps they can take to protect themselves. One of these steps is obtaining a protective order, also known as a PO. 

What is a Protective Order in Utah?

A protective order is a type of court order called an injunction. An injunction is an order from a judge for a person or persons to stop from engaging in behavior deemed harmful, threatening, or criminal. The person who files a protective order is called a petitioner. The person or people they are filing it against are called respondent(s). Protective orders also usually contain instructions for the respondent to remain a certain distance away from the petitioner and not to attempt to contact them. 

Protective orders offer petitioners a tool to guard themselves against violence and/or stalking. This is because violating a protective order is a crime under Utah law. If someone breaks the protective order they have automatically committed a criminal offense. This means if a respondent violates a protective order, the petitioner can notify the police and have them arrested. The penalties for violating a protective order are:

• First Offense: A Misdemeanor Punishable by Up to 364 Days in Jail and/or a Fine

• Subsequent Offenses: A Felony Punishable by Five to Seven Years in Prison

When a judge puts a protective order in place, they are essentially notifying the police that someone is a potential danger to another person. This expedites the process for the petitioner in having the respondent arrested. This can be a major factor in protecting petitioners and/or their children from domestic violence during and after a divorce.

How Do I Obtain a Protective Order in Utah?

There is a process to obtaining a protective order. Someone cannot just tell the court their former spouse is being abusive and receive a PO. There must be a hearing and a judge must review evidence in favor of placing a protective order against someone. This is because protective orders are taken very seriously and violating one can lead to serious jail time. Some spouses may make false accusations in an effort to have a frivolous PO placed against their former partner so they can try and have them arrested. While this is rare, judges must take all sides of an argument into consideration. 

To obtain a protective order, someone must:

• Request a PO

• Receive a Temporary Protective Order

• Go to Court

In order to request a protective order, a petitioner will fill out paperwork and file it with the district court in the county where either the petitioner or the respondent lives. If a violent incident occurred outside of the county where either individual lives, it can also be filed in the county where it took place. 

A judge will usually review a PO request on the same day it was filed. If a judge believes there is reasonable belief the petitioner should receive a PO, they will grant a temporary protective order and set a hearing date. The temporary restraining order is typically for three weeks. During or at the end of this period, there will be a hearing. The petitioner and the respondent must both appear at this hearing to present their side of the case. If the petitioner fails to appear, the judge will deny the restraining order. If the respondent fails to appear, the judge will typically grant the restraining order. 

If bot parties appear, there is no guarantee that a judge will grant the restraining order. The petitioner must present a compelling case. This can include presenting police reports, testimony from witnesses, and evidence of abuse. If the judge believes there is sufficient evidence that abuse has or could take place, they will grant a restraining order. 

What Should I Do if I Need to Get a Protective Order in Utah?

Protective orders are meant to protect petitioners. Judges are generally sympathetic and will grant POs to individuals who demonstrate they and/or their children are at risk of harm. Requesting a protective order is still a legal procedure and requires a court appearance. This can be an intimidating experience. There is paperwork involved and many people do not feel comfortable presenting their own case before a judge. If domestic violence has occurred, it can also be frightening to face your abuser alone in court. This is why having an attorney can be vital for success when filing for a protective order.

If you or a loved one are going through a divorce and need to protect yourself from domestic violence, don’t hesitate to contact RCG Law Group, located at 489 S Jordan Pkwy Suite 255, South Jordan, UT 84095. Our attorneys are experienced in handling all kinds of divorce cases, particularly those involving domestic violence. We’re deeply sympathetic to anyone leaving an abusive marriage. We strive to help everyone in search of a fresh start. Our nonjudgmental, compassionate attorneys will review the facts of your situation and help you present the best possible case to a judge to obtain a protective order. We can also help you as you move through the process of completing the divorce and starting your new life.

Everyone deserves to feel safe and secure. Everyone also has the right to safely leave a relationship. If you or a loved one are going through a divorce and need to protect yourself against domestic violence, call RCG Law Group immediately at 385-503-3663 or schedule a consultation. Your future can begin today.