Many people believe that once they are released from jail, the criminal case is their only concern.
That is not true.
In Utah, a criminal protective order or related no-contact restriction can create a new criminal charge if it is violated. Even a text message, social media message, third-party contact, or innocent attempt to reconcile can lead to a new arrest.
Many defendants are also surprised to learn that the alleged victim cannot simply “drop” a criminal protective order. In most situations, only a judge can modify, dismiss, or terminate the order.
If you have been arrested for domestic violence, assault, stalking, sexual offenses, or another qualifying offense, it is important to understand the different court orders and restrictions that may apply to your case.
1. Jail Release Agreements
A person arrested for a qualifying domestic violence offense may be required to sign a jail release agreement before being released from custody.
Under Utah Code § 78B-7-802, a defendant generally cannot be released until the matter is reviewed by a magistrate or the defendant signs a jail release agreement.
A jail release agreement may include conditions such as:
- No contact with the alleged victim
- No harassment, threats, or intimidation
- No entering the alleged victim’s home
- No contact through third parties
- Compliance with other release conditions ordered by the court
Violating a jail release agreement can result in a new criminal charge and another arrest. A defendant should not assume that a private conversation, apology, or agreement with the alleged victim changes the court’s restrictions.
2. Pretrial Criminal Protective Orders
After criminal charges are filed, the court may issue a pretrial protective order under Utah Code § 78B-7-803.
These orders are commonly addressed at:
- The first court appearance
- Arraignment
- Bail or release hearings
- Later court proceedings
A pretrial protective order can prohibit direct or indirect contact with a protected person. That may include:
- Phone calls
- Text messages
- Emails
- Social media messages
- Contact through friends or family
- Contact at work, school, home, or other listed locations
A pretrial protective order may also restrict firearm possession in certain circumstances.
The order remains in effect during the criminal case unless the court modifies or dismisses it. The parties cannot modify the order by private agreement. Even if the alleged victim reaches out first, the defendant can still be accused of violating the order.
If the charge involves domestic violence, it is important to speak with a Provo domestic violence defense attorney before responding to any contact from the protected person.
3. Sentencing Protective Orders
If a defendant is convicted, enters a plea in abeyance, or is placed on probation, the court may impose a sentencing protective order.
For domestic violence cases, sentencing protective orders are governed primarily by Utah Code § 78B-7-804. For certain non-domestic violence cases, sentencing protective orders may be governed by Utah Code § 78B-7-805.
A sentencing protective order can include:
- No-contact provisions
- Stay-away requirements
- Restrictions involving a home, workplace, school, or other location
- Firearm restrictions
- Counseling or treatment requirements
- Other conditions designed to protect the alleged victim or protected persons
Because these orders can continue after sentencing, defendants should understand the exact terms before entering a plea or resolving the case.
Protective-order terms may also become part of plea negotiations. A defense attorney may be able to request limited contact, parenting-related exceptions, third-party communication provisions, or other carefully tailored terms depending on the facts of the case.
4. Continuous Protective Orders
A continuous protective order can survive long after the criminal case is over.
This is one of the most serious protective-order issues for many defendants because the order may continue indefinitely unless it is modified or terminated by the court.
A common mistake is assuming that reconciliation ends the order. It does not.
If a continuous protective order remains active, contact with the protected person can still result in arrest, even if both people want the contact.
A continuous protective order can also create practical problems later, including issues involving family contact, parenting exchanges, background checks, and record-clearing strategy. If you are considering expungement or other post-conviction relief, it is important to address any active protective order with an attorney before assuming the case is finished.
For related record-clearing issues, see our page on Utah expungement.
5. Criminal Stalking Injunctions
Utah law also authorizes criminal stalking injunctions. These are separate from many traditional criminal protective orders and are addressed under Utah’s criminal stalking injunction statutes, including Utah Code § 78B-7-902.
A criminal stalking injunction can limit contact between the defendant and the protected person. It may include:
- No-contact provisions
- Stay-away restrictions
- Location restrictions
- Restrictions on direct or indirect communication
- Other court-ordered protections
Violating a criminal stalking injunction can lead to additional criminal consequences. Under Utah Code § 78B-7-903, violation of a permanent criminal stalking injunction may be charged as a third degree felony in certain circumstances.
If you have been accused of stalking or violating a stalking-related order, you should speak with a defense attorney before making any statements or attempting to contact the protected person.
Protected Persons vs. Protected Places
One of the most common mistakes defendants make is focusing only on the protected person.
Many orders also protect specific places.
Protected Persons
Protected persons may include:
- Alleged victims
- Current spouses
- Former spouses
- Children
- Parents
- Household members
- Other specifically named individuals
Protected Places
Protected places may include:
- Homes
- Apartments
- Workplaces
- Schools
- Churches
- Vehicles
- Childcare facilities
- Any location identified in the order
You can violate a protective order without speaking to anyone if you knowingly go to a prohibited location.
For example, if an order prohibits you from going to the protected person’s residence, showing up to retrieve clothing, tools, or personal items can still create a violation unless the court order allows it or law enforcement has arranged a lawful civil standby.
Protective Orders Can Sometimes Be Negotiated
Many defendants do not realize that protective-order terms can sometimes be addressed as part of the criminal case.
Depending on the facts, a criminal defense attorney may be able to seek:
- Limited contact provisions
- Parenting-time exceptions
- Child-exchange procedures
- Third-party communication provisions
- Removal of unnecessary restrictions
- Clarification of protected places
- Modification or termination procedures
Whether the court will allow changes depends on the case, the alleged victim’s position, public-safety concerns, the prosecutor’s position, and the judge’s decision.
No defendant should assume the order has changed unless the court enters a new written order.
Can a Utah Criminal Protective Order Be Modified?
Yes. Utah courts may have authority to modify or terminate many criminal protective orders after proper motion, notice, and hearing procedures.
However, you should never assume that an order has been lifted simply because:
- The alleged victim contacted you first
- The alleged victim wants to reconcile
- The criminal case is closed
- You completed probation
- You have not heard about the order recently
- Both sides privately agreed to communicate
Until a judge modifies or terminates the order, it may remain enforceable.
Charged With Violating a Protective Order?
Violation of a criminal protective order can lead to serious consequences, including:
- New criminal charges
- Additional jail time
- Probation violations
- Increased bail or stricter release conditions
- Problems in divorce or custody proceedings
- A more complicated criminal defense strategy
If you have been accused of violating a Utah criminal protective order, jail release agreement, no-contact order, or criminal stalking injunction, get legal help before trying to explain the situation on your own.
Contact a Provo Criminal Defense Lawyer
Provo Criminal Defense Lawyers regularly represent clients throughout Utah facing domestic violence allegations, protective order violations, stalking accusations, assault charges, and related criminal cases.
If you need help understanding, modifying, or defending against a Utah criminal protective order, contact a Provo criminal defense attorney today.
Call or text Utah criminal defense attorney Jake Gunter at (801) 852-2200.