Here are all the types of protective orders in Utah as of 2024.
(1). Cohabitant Abuse Protective Orders. This protective order protects people who are or were intimate partners or share children together. It requires one or more acts of abuse or anticipated abuse to obtain an order of protection. See Utah Code 78B-7-part 6. This protective order is civil and is filed in the district court where the abuse occurred or where either party resides. Violation of this PO is a misdemeanor A or felony 3. In busier jurisdictions court commissioners hear by proffer cohabitant abuse POs. If you object to the commissioner’s recommendation, a district court hears the matter and an evidentiary hearing is conducted. Violations are also considered crimes of domestic violence.
(2). Child Protective Orders. This protective order applies only to protection of children under the age of 18 years old. It requires proof of one act of statutorily child abuse. It is filed in the juvenile court where the abuse occurred at, or where either party resides. A child protective order is civil in manner. See Utah Code 78B-7-part 2. Violation of this PO is a misdemeanor A or felony 3. Only juvenile judges hear child PO and evidentiary hearings are conducted and they are filed directly in the juvenile court. Violations are considered a DV tagged domestic violence crime.
(3). Dating Violence Protective Orders. A relatively new type of civil protective order that protects people who were dating. “’Dating relationship’ means a social relationship of a romantic or intimate nature, or a relationship which has romance or intimacy as a goal by one or both parties, regardless of whether the relationship involves sexual intimacy.” See Utah Code 78B-7-102(11). Violation of this PO is a misdemeanor A or felony 3.
(4). Mutual Protective Orders. Mutual protective orders are not favored and cannot be granted unless both parties have filed independent petitions for protection. You cannot have a protective order filed against you and then ask for a mutual protective order unless you have filed an independent petition for protection. See Utah Code 78B-1-108.
(5). Divorce Protective Orders. Oftentimes protective orders are filed under one of the various types of protective order discussed in this blog. Then the parties agree to dismiss the protective order and transfer the dispute to their divorce case as a mutual protective order.
A mutual protective order in a family law case can be mutual without each party having filed an independent petition for protection. The biggest value in transferring the protective order to the family law case as a mutual protective order is that a violation of a mutual family law protective order is contempt of court. A violation of one these enumerated protective orders is a Class A or felony charge. Nearly all protective orders make the person who is restrained a firearms and dangerous weapons restricted person. This is a career ender for military personnel and law enforcement. Divorce mutual POs can be entered in a custody, divorce, paternity or nearly any family law matter that contains both parties.
Example Utah County Protective Order. A cohabitant abuse protective order was filed against the spouse who is an Orem City police officer. The parties are concurrently going through divorce. The parties agree to dismiss the cohabitant abuse PO in favor of a mutual restraining order in the divorce case. The cop can keep his guns and continue to work and is not a restricted person under Utah Code 76-10-503 or federal law.
(6). Sexual Violence Protective Order. A relatively new type of civil protective order that protects victims of sex crimes enumerated in Utah Code 76-5-part 4 and aggravated human trafficking and forced sexual exploitation under 76-3-310. Any alleged victim of a criminal sex crime will certainly have the prosecuting attorney ask the criminal court for a criminal protective order also. Sexual violation POs are civil and may be in addition to any criminal PO issued in the concurrent criminal sex offense case. Violation of this PO is a misdemeanor A or felony 3.
(7). Stalking Protective Orders. Stalking protective orders are two or more counted stalking events. What constitutes a stalking event is broad. Stalking is different from other protective order types because you don’t have to have had a relationship with the stalker to qualify. Civil stalking petitions can be against people who you were not in a relationship or complete strangers. Stalking, unlike most POs requires two or more, rather than one single event. See Utah Code 78B-7-7. Violation of a civil stalking order is a misdemeanor A or felony depending on prior convictions. Stalking requests are always heard by district court judges and evidentiary hearings are used.
(8). Jail Release Criminal Protective Order. Jail Release POs are criminal protective orders that issue from the jail and are required to be signed if the person wants out of jail on domestic violence charges. You can be required to sign a jail release PO even if you are not booked into jail and applies equally to DV crimes or crimes against children and vulnerable adults. Jail release POs expire automatically after the later of the following:
(a) midnight after the first court hearing,
(b) the prosecutor issues a declination to prosecute letter, or
(c) 30 days after the date of arrest or issuance of the citation. Violation of a jail release is a misdemeanor A or felony depending on prior convictions.
(9). Criminal Pretrial Protective. A court for protection of complaining witness (aka alleged victim) can issue a pretrial protective order at any time. The terms can vary and considerable protections can be ordered. Violation of this PO is a misdemeanor A or felony 3. See Utah Code 78B-8-804.
(10). Criminal Sentencing Protective Order. A criminal court for the protection of a crime victim may issue a sentencing protective order at any time. Sentencing PO are valid for the duration of the probationary period and expire upon the case closing. Violation of this PO is a misdemeanor A or felony 3. See Utah Code 78B-8-804.
(11). Continuous Criminal Protective Order. The difference between a sentencing PO and a continuous PO is that the continuous protective order continues, survives and stays in effect even after the criminal case closes. Continuous POs will bar your ability to obtain an expungement. Continuous POs cannot be issued against juveniles, unless the juvenile is being charged as an adult in district court. See Utah Code 78B-8-805.
(12). Juvenile Delinquency Protective Orders. Juvenile crimes are called delinquencies. Adults are charged with crimes. Nearly every single adult criminal protective order type have the equivalent in juvenile delinquency arena. Juvenile delinquency is considered civil and not criminal in nature.
STUFF TO BE AWARE OF WITH ALL UTAH PROTECTIVE ORDERS
Enhanceability of Protective Order Violations. Nearly all protective order violations are enhanceable offenses, meaning that subsequent PO violations can be charged one grade higher. Class A misdemeanors with a prior PO violation can be charged as a Felony 3.
Utah Firearms and Dangerous Weapons Restricted Persons. Nearly all people who have a protective order against are restricted persons under Utah and federal law and cannot possess a firearm or dangerous weapon. Having a PO entered against a military personnel or law enforcement is a career ender. See Utah Code 76-10-503. See Laughtenberg amendment.
Federal Laughtenberg Amendment. Federally under the Laughtenberg amendment nearly all people with protective orders entered against them will be firearms restricted persons. See Gun Ban For Individuals Convicted Of A Misdemeanor Crime Of Domestic Violence — 18 U.S.C. § 922(G)(9) Of The 1968 Gun Control Act
Request for a Ex-Parte Temporary Order of Protection. Nearly all civil protection orders cases are started by the person needing protection filing a request or petition for an ex-parte protective order. The juvenile or district courts have on-duty judges who sign these temporary ex-parte protection orders within 24 hours of them being filed. If the petitioner alleged the basic elements of the protective order the ex-parte temporary order will be granted. A hearing to determine whether the permanent protective order will be set thereafter.
Permanent Order of Protection. After the ex-parte temporary protection order is granted the court or court commission holds a hearing on whether a permanent protection order should enter. Hearings on permanent orders have to held generally within strict statutory periods.
Court Commission or Judge. In busier jurisdictions a domestic court commissioner hears many types of civil protective order petitions. Court commissioners make recommendations that permanent orders enter and you can appeal to the district court judge if the commissioner enters a PO against you.
In smaller jurisdictions the district courts will not have court commissioners and the district court will hear all types of civil protective orders. Court commissioners generally proceed by proffer where witnesses are not called and the rules of evidence do not strictly apply. Objections to commissioner recommendations are heard by district court judges and evidentiary hearings are conducted and witnesses are called.
All stalking requests are heard directly by district court judges in all Utah counties and it is an evidentiary hearing.
Evidentiary Hearing or Proffer. Court commissioners proceed by proffer. Proffer is where the attorney states what the witness would say if the witness was placed on the witness stand. District court judges proceed by evidentiary hearing and the evidence rules strictly apply just like in a jury trial. Sometimes you can stipulate to proffer at district court evidentiary hearings upon agreement of the parties.
