WHAT DO YOU HAVE TO PROVE IN A UTAH STALKING CASE?

Who Bears the Burden of Proof for a Utah Stalking Injunction?

In Utah, the individual seeking a stalking protection order must prove by a preponderance of the evidence that a protection order is necessary. This standard requires showing that it’s more likely than not that the alleged stalker has violated Utah’s criminal stalking statutes. This post is meant to inform you about Utah stalking injunction.

What is Required to Obtain a Utah Stalking Injunction?

To secure a stalking injunction in Utah, petitioners must provide evidence that the accused violated Utah’s criminal stalking statute (Utah Code § 78B-7-701). This involves proving that the alleged behavior meets the standards for stalking as outlined in the Utah statute.

The Two-Part Test for Utah Stalking Injunctions

According to the Utah Supreme Court, proving stalking involves a two-part test:

1. Course of Conduct: The alleged stalker must have knowingly engaged in actions directed at the victim.
2. Reasonable Fear or Emotional Distress: The victim must show that a reasonable person in their situation would fear for their safety or experience significant emotional distress.

This test considers the totality of circumstances rather than isolated incidents. Utah Code § 76-5-106.5(2)(a) addresses the specific requirements.

What Qualifies as Stalking in Utah’s Criminal Statute?

Under Utah Code § 76-5-106.5, stalking can include behaviors such as:

• Communicating directly or indirectly with the individual.
• Appearing at the individual’s workplace or residence.
• Using digital means (e.g., text messages or emails) to harass.

Notably, this list isn’t exhaustive; other actions may qualify as stalking under Utah law.

Defining “Preponderance of the Evidence” in Utah Cases

In civil cases like stalking injunctions, Utah requires proof by a preponderance of the evidence, meaning that it’s more likely than not that the claims are true. Unlike the “beyond a reasonable doubt” standard in criminal cases, this civil standard relies on the greater weight of evidence, even if the difference is slight.

Jury Instruction (CV117): Utah jury instruction CV117 clarifies that weighing evidence does not involve counting witnesses or the length of testimony, but rather evaluating the persuasiveness of evidence.

Expungement of Old Stalking Injunctions in Utah

A 2022 Utah law allows expungement of stalking injunctions under certain conditions:

1. Temporary Injunctions: Wait 30 days if the injunction did not convert into a permanent order.
2. Permanent Injunctions: Three years after the permanent injunction expires, if no violation has occurred.
3. Compliance Requirement: The individual seeking expungement must have followed all terms of the injunction without any violations.

This process offers a path to clear certain legal records after a defined period.

Understanding Utah’s Criminal Stalking Statute: Legal Definitions and Implications

The criminal stalking statute includes:

• Course of Conduct: Defined as two or more acts directed toward a specific person, including stalking behaviors such as following, threatening, or communicating about an individual.
• Emotional Distress: Defined as significant mental suffering, which may include distress from harm to a pet.
• Reasonable Person: Defined as how a typical person in the victim’s situation would react.

These definitions establish a clear framework for evaluating stalking cases and determining appropriate legal responses. [Utah Code § 76-5-106.5]

Important FAQs about Stalking Injunctions in Utah

1. What is the “Preponderance of the Evidence” Standard?

This civil standard requires proof that it’s more likely than not that the alleged conduct took place, requiring a slight majority of evidence favoring the petitioner’s claims.

2. Can Stalking Injunctions Be Expunged in Utah?

Yes, under the 2022 law, certain stalking injunctions may be expunged if conditions like compliance and a waiting period are met.

3. What is a Course of Conduct?

This refers to repeated actions or communications that target an individual, causing them distress or fear for their safety. It can include both direct actions and indirect attempts at contact.

4. Is Intent Required to Prove Stalking?

No, intent to cause fear or distress is not required under Utah law; the behavior must only meet the criteria that would cause a reasonable person distress or fear.

5. What Actions Can Law Enforcement Take?

Law enforcement officers may confiscate weapons, provide emergency protection, or offer resources for shelter and medical assistance if necessary.

6. Can a Private Investigator Be Exempt from the Stalking Law?

Private investigators acting in official capacities are exempt, but only if they avoid any actions that would constitute grounds for disciplinary action.

Contact Attorney Jake Gunter for Expert Advice

For individuals dealing with stalking injunctions or related issues, reaching out to an experienced attorney like Jake Gunter is critical for understanding your rights and options. With deep expertise in Utah’s protective order and criminal statutes, Attorney Gunter can guide you through complex legal proceedings. Call or text Jake Gunter at (801) 373-6345 for a free consultation.

Learn More About Utah Attorney Jake Gunter

For additional insights on Utah personal injury law and to get to know Jake Gunter better, check out these helpful videos:

• Meet Jake Gunter – Learn more about Jake Gunter’s background, experience, and dedication to helping clients throughout Utah.
• How to Choose a Utah Personal Injury Attorney – This video offers guidance on selecting the right personal injury attorney to ensure you receive effective representation.
• What Jake Gunter Does and Who He Represents – Discover the types of cases Jake Gunter handles and how he advocates for the rights of injured individuals statewide.

These resources will provide you with valuable information as you consider your legal options. For any questions or to schedule a free consultation, feel free to reach out to us directly.