What You Need to Know About Protective Orders in Utah
In Utah, law enforcement officials and courts are concerned about the risks that people may face due to domestic violence. Statistics show that around one in three Utah women will experience some form of physical violence, sexual violence, or stalking in their lifetime. There are more than 12,000 domestic violence incidents reported each year in the state. The Salt Lake County District Attorney’s office has reported that between January 2023 and January 2025, around half of all homicides in the region were related to domestic violence.
These statistics have led to an increased use of protective orders, which are meant to address potential violence between intimate partners, family members, or other people in close relationships. A protective order will restrict contact between an alleged abuser and an alleged victim, and it may include other terms that limit where a person can go and what they can do.
In 2026 and coming years, law enforcement officials in Utah will continue to enforce strict penalties for people who are accused of domestic violence or charged with violating protective orders. If you are facing a potential protective order, it is critical to understand your rights and responsibilities. An experienced attorney can help you determine how to proceed in this situation.
How Does the Protective Order Process Work?
A petitioner may file a request for a protective order with their local district court. The process will usually begin with a petition for a temporary ex parte order. When a petition is filed, a judge will typically review it the same day. If the judge believes the petitioner may be in immediate danger, they may grant their request for a temporary order.
A temporary protective order will go into effect immediately, and it may be issued without the respondent being present or having a chance to respond. The term "ex parte" means the judge will make their decision based only on the petitioner's claims and any supporting evidence they provide.
After a temporary ex parte protective order is granted, the court will schedule a hearing within 21 days. Law enforcement must serve the respondent with the protective order before it becomes enforceable. Violating a temporary order before a hearing can result in an immediate arrest and criminal charges.
A Person’s Right to a Hearing
At a protective order hearing, both the petitioner and the respondent will have the opportunity to present evidence and testimony. The respondent may challenge the allegations and present their side of the story. They may bring witnesses, documentation, communications, photographs, or any other evidence that contradicts the petitioner's claims or provides context for the alleged incidents. The judge will consider all evidence presented before deciding whether to issue a final protective order.
What Terms Can a Protective Order Include?
Utah protective orders can include various provisions that may restrict a respondent’s activities and their ability to contact the petitioner or other parties. According to Utah Code Section 78B-7-603, a protective order may include provisions such as:
- Prohibiting the respondent from committing or threatening violence, assault, stalking, or harassment against the petitioner
- Requiring the respondent to stay away from the petitioner's home, workplace, school, or other locations they frequent
- Requiring the respondent to stay a certain distance away from the petitioner
- Prohibiting any contact between the respondent and the petitioner, including phone calls, text messages, emails, social media contact, or contact through third parties
- Ordering the respondent to move out of a shared residence
- Granting the petitioner temporary custody of any children shared with the respondent
- Requiring the respondent to surrender any firearms or weapons and prohibiting the respondent from purchasing or possessing firearms
How Long Does a Protective Order Last?
Cohabitant protective orders have two parts: a civil section and a criminal section. The civil provisions typically last for up to 150 days from the date the judge signs the final order. The criminal provisions will generally last for up to three years, although they may be extended upon request from the petitioner.
The respondent or the petitioner can ask the judge to modify the terms or duration of a protective order. They will need to show a good reason for the change. Only the judge can modify or dismiss a protective order. Even if the petitioner wants the order dropped, it will remain in effect until a judge officially modifies or dismisses it. The respondent could still be arrested for violating the order even if the petitioner initiates or encourages contact.
What Are the Consequences of Violating a Protective Order?
Violating a protective order is a criminal offense in Utah. According to Utah Code Section 76-5-108, a person who intentionally violates a protective order could be charged with a Class A misdemeanor, which may be punishable by up to one year in jail and a fine of up to $2,500.
What Should You Do if Someone Requests a Protective Order Against You?
If you are served with a protective order, read it carefully and follow every provision exactly, even if you believe the allegations are false. Violating the order, even once, can result in an arrest, and you could face criminal charges that may create additional legal problems beyond the protective order itself.
The order will specify exactly what you are prohibited from doing and where you must stay away from. Common mistakes include:
- Contacting the petitioner to discuss the case or try to resolve things privately
- Going to locations where you might encounter the petitioner, even if those are places you regularly visit
- Asking friends or family members to contact the petitioner on your behalf
- Responding if the petitioner contacts you first
- Posting about the petitioner on social media
You have the right to contest the protective order at a court hearing. This is your opportunity to present evidence that contradicts the allegations, provides context for disputed incidents, or demonstrates that a protective order is not necessary. If necessary, you can ask witnesses to testify about your character, the dynamics of your family relationships, or specific incidents.
Documentation can be crucial in these cases. Text messages, emails, social media posts, photographs, video recordings, and other records that contradict the petitioner's claims or show a different version of events may be used to defend against a protective order.
Contact Our Salt Lake City Domestic Violence Defense Attorneys
If you are facing allegations of domestic violence or have learned that a temporary ex parte protective order has been issued, the situation will call for immediate attention. The consequences you may face could affect your rights, your family relationships, and other aspects of your life.
At Collins Rupp, P.C., our Salt Lake City, UT protective order defense lawyers can provide you with legal representation as you address these issues. We will work to resolve your case successfully while helping you avoid a criminal conviction or severe restrictions under a protective order. Call 385-777-2753 to discuss your case with an attorney in a free consultation.

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