A restraining order in Utah can be obtained when an individual has physically harmed you or threatened you with physical harm. In cases where the individual is charged with a crime such as assault or domestic violence, a no contact restraining order will often be issued by the court. As a victim you should have a lawyer to ensure that you have protections and to make sure nothing falls through he cracks of the system. In many divorce and family law matters, individuals seek restraining orders against an abusive spouse who may not necessarily have been charged with any crime. Domestic violence and spousal abuse often goes unreported. Whether you are seeking a restraining order in Salt Lake, Provo, or Ogden; or you are being accused of abuse against another, you should always consult with an attorney to ensure your rights are protected in the process. Both sides of the equation are entitled to proper legal representation. Call Salcido Law Firm and speak with a Utah criminal defense attorney or divorce lawyer in Utah at our office now. We can be reached anytime at 801.413.1753.
How to Get a Restraining Order in Utah
If a person, who is a relative, lived with you or use to live with you, if you have a child in common, or if you are pregnant with the person’s child; and that person has physically harmed you or threatened you with physical harm, you may qualify for a restraining/protective. The Utah state legislature has considered amending the Protective Order Statute in Utah to include protection for individuals in a dating, boyfriend/girlfriend relationship. However, at the date this article was written, those protections are not in place yet. The other question which arises is what does “harm” mean. Under Utah law, “harm” can mean hitting, kicking, or any other type of physical attack, kidnapping, stalking, sexual assaults, domestic violence, breaking things, or even throwing objects. Harm does not generally mean mental or emotional abuse. Emotional abuse can be addressed in a divorce or other family law proceeding but not specifically in a protective order proceeding.
There is no court filing fee to request a restraining order from the court. The documents to file for a restraining order can be found on the court’s website. You can also call our office and speak with an experienced domestic lawyer in Utah for help. After you prepare and file, or have our office do this for you, the court will set a hearing date in which you must appear and explain why a restraining order should be issued. The other party will be served with a temporary protective order and notice of the hearing. At the hearing, the judge will determine if a permanent protective order should be entered.
How to Defend Against a Restraining Order
If you have been served with a restraining order, you should speak with an attorney at Salcido Law Firm as soon as possible. The process is significantly skewed in favor of awarding the protective order against you and you will need all the help you can get to ensure your voice is heard in this process. If a final order is entered against you, you may lose the right to obtain certain state licenses such as a concealed weapons license or hunting privileges. When you have been accused of committing domestic violence or other physical harm against another, and you have been charged with a crime, it is especially important you speak with a defense attorney in Salt Lake before you make any further statements to the court at the protective order hearing that may further incriminate you in a pending criminal case. Don’t take any chances on these matters, contact us today. We will file the responses necessary, organize your defense, appear on your behalf at the hearing, and do everything else necessary to give you the best chance of successfully defending your position.
Salcido Law Firm | Free Consultation
You can call us anytime day or night and get a free consultation over the phone. Whether you need help in filing for a protective order, or you need assistance in defending claims, we can help. We practice in both family law and criminal matters so we understand all the different sides of what you may be facing. For more information simply pick up your phone and dial now or fill out our contact form on this page. We look forward to representing you.