As with anywhere, relationship problems are always a possibility in the state of Utah. Yet, not every relationship ends on the same note. Some may even linger on with threats of harm or physical violence. Those who are subjected to this behavior need some sort of protection to cut off the other party and continue on with their lives. Protective orders offer this type of protection. Find out how to qualify for a protective order, and what it means for your future.
Basic Notes About Protective Orders
As the name suggests, protective orders are court orders that require a party to refrain from certain behavior. The intent behind these orders is to protect victims of domestic abuse. In some situations, you may hear people referring to these as restraining orders. These two terms are interchangeable, and essentially perform the same function.
When a judge issues a protective order, the person who is the subject of the order is given a legal obligation. Usually, this includes staying away from the person who requested the order. Most protective orders will specify a particular distance that must be maintained. An experienced attorney in family law can provide more details about what can be put into such an order.
Who Can Get a Protective Order?
There are many different ways a person may qualify for a restraining order. In most cases, these orders will be granted to those who are part of an abusive relationship, such as spouses or cohabitants. However, these orders can also be obtained by victims of stalking and minors.
The Applicable Law
In Utah, there are several statutes that address protective orders. Each of these statutes provides the framework for the issuance of protective orders. Pursuant to these laws, a person may request such an order to prevent contact with another, exclude someone from property or to prevent the purchase of weapons. In the case of minor children, these orders can also freeze previously issued visitation rights.
When requesting a restraining order, it is important to remember that time limitations apply. In Utah, the civil aspect of the order can last up to 150 days. A criminal protective order can have a duration of 10 years. In either case, the court can extend the order if the petitioner submits a timely request. This is usually done by filing a motion with the court. It is also possible to terminate or shorten a request upon a showing of good cause.
What Happens During a Violation?
There are fairly harsh penalties for the party that violates a protective order. From a criminal law perspective, the police can arrest a respondent who does not obey the terms of the order. Once the respondent goes to court, he or she may face additional jail time or have to pay a fine. These orders can also be enforced by other states if one of the parties moves. Similarly, Utah will enforce protective orders issued by other jurisdictions.
You Can Get Help
If you are seeking a protective order, you do not have to do it alone. An experienced lawyer can help you go through the process. In Utah, contact T.R. Spencer Law Office to get help with these orders or related matters, such as mediation, divorce or child custody.