Ex Parte Child Protective Orders

Utah Child Protective Order Defense Attorney | Salt Lake City Family Lawyer

A Utah child protective order is an order of the court which prohibits an individual from interacting with a specific child due to allegations of abuse.  Any interest person can bring a petition for a child protective order. Such orders are issued to protect a child from physical or sexual abuse or from the imminent danger of physical or sexual abuse.

The Ex Parte Process

If a child is in danger of physical or sexual abuse an interested person can file an ex parte petition with the court in order to obtain rapid relief.  Ex parte means that there is no need to give notice to the accused party before actually going into court.  That means that a judge can issue a temporary protective order against the accused.  Such temporary orders generally only last 20 days.  Because of the emergency nature of an ex parte child protective order judges are inclined to grant such requests so long as a minimal showing is made that the child is indeed in danger of abuse.

The Hearing

Once it issues a child protective order the court will schedule a hearing date within 20 days of the date the ex parte child protective order is issued.  At that hearing the accused will have the opportunity to present his defense including witnesses and other evidence to counter the allegations.  The Petitioner will also have the opportunity to present evidence.  Once the judge has heard the evidence he will make a determination as to whether to dismiss the ex parte child protective order or make it permanent.

Avoid Criminal Charges

Although an ex parte child protective order is technically a civil Utah family law matter it has criminal penalties if violated.  We are experienced Criminal Defense.  The last thing you need is a permanent child protective order on your record because the tiniest violation can result in class A misdemeanor charges.  Increase your chances of avoiding the risk of criminal charges by contacting us today.

Salcido Law Firm – Experienced in Defending Against Ex Parte Child Protective Orders

If you have an ex parte child protective order against you, call us.  You do not want to go into the hearing without an attorney, and in choosing an attorney you can count on Salcido Law Firm PLLC.  We are experienced in defending against child protective orders on both the civil and criminal side.  Call us for a free consultation at 888.337.3235 or 801.413.1753 or email us and we’ll schedule a time to meet with you right away.

Send Us A Message

More Posts

When is a protective sweep justified?

What Is A Protective Sweep?

A Protective Sweep is an Exception to the Warrant Rule. Generally speaking, law enforcement officers cannot enter your home to conduct a search without a