Stalking in Utah can be a crime or a civil action depending on who prosecutes the action. Regardless of whether the action is criminal or civil in nature, the elements are the same. Stalking is an intentional or knowing action. The person who is accusing the alleged stalker of stalking has to prove that the stalker did so knowingly or intentionally. The accuser also has to show that the alleged stalker committed two or more acts against a specific person such as monitoring, following, calling, texting, surveiling, threatening, observing, and/or going to the person’s workplace or residence, etc. of that person.
The Petition for A Civil Stalking Injunction
Someone who wants to stop someone else from stalking him or her has to file a petition for a civil stalking injunction. Generally the individual filing the petition has to include police reports and other evidence of the stalking. If the individual has not called the police and reported the stalking to law enforcement a judge may not grant the ex parte (temporary) stalking injunction. So long as the petition has corroborating evidence supporting it, a judge will enter the stalking injunction.
Hearing on the Civil Stalking Injunction
Within 10 days of being served with the temporary civil stalking injunction, the Respondent (the person against whom the injunction is brought) has to request a hearing. If the request is made within 10 days the Petitioner has the burden of proving the stalking. At the hearing the parties can presents evidence including testimony, documents, video, phone records, and whatever other evidence that will support your position. At the conclusion of the hearing the judge will then determine whether the injunction should be entered. If it is entered it lasts for three years. If the injunction is violated it is a crime.
We represent individuals in civil stalking actions all the time. Call our law firm at 801.413.1753 if you need representation and never go to court alone.