Home » In Utah, obtaining a restraining order is a rather easy process.

In Utah, obtaining a restraining order is a rather easy process.

by Grace

Most people associate the term “restraining order” with the idea that one party has been forbidden by law to have any contact with the other. True, a restraining order might signify many things depending on the circumstances. A restraining order is an order from the court that says you can’t do something. There isn’t a single clear definition of what it means to have a restraining order against your partner. To give just one example, a restraining order could prevent your husband from causing any harm to your property. Your spouse may not drive the family automobile if a restraining order prevents them from doing so. 

It is advisable to consult with an experienced Salt Lake City domestic violence lawyer if you need specific answers about your legal options.

When to Use a Restraining Order vs. a Protective Order

A protection order is often misunderstood as a restraining order. Obtaining a restraining order requires legal action, as it is a civil order and not a criminal one. Violating a restraining order might result in contempt charges or other civil penalties. Law enforcement officers can enforce a protective order. A protection order violation can be prosecuted as a criminal offense and result in criminal penalties. Protective orders come in numerous forms and can be used in a wide range of scenarios. You can get a temporary protective order without hiring an attorney if you fill out the necessary paperwork online.

Initiating a Protective Order Hearing

The court will consider your request for a protective order and decide whether or not to issue a temporary protective order. When a judge grants a temporary protective order, it remains in effect until a hearing can be held to determine whether or not a permanent protection order should be filed. The temporary protection order hearing must take place no later than 21 days after it has been signed. If the judge declines your protection order request, you have five days to submit a Request for a Hearing and make your case in court.

Injunctions Regarding Family Matters

Both parties are forbidden by the injunction to refrain from any further acts of domestic violence, including but not limited to, harassment and intimidation. Each side must also refrain from badmouthing the opponent in front of the minors. These injunctions safeguard any children involved in the divorce and forbid either party from cutting off or changing access to essential services.

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