Utah Code section 78B-7-404(2) provides that a dating violence protective order may prohibit the abuser from threatening to commit or commit any form of violence or abuse against you and any designated family or household member. The abuser can be ordered not to harass, telephone, contact, or otherwise communicate with you, directly or indirectly. In addition, the abuser can be ordered to stay away from your residence and its premises, your school, or place of employment and the premises of any of these, or any specified place frequented by you and any designated family or household member.
However, take special note, if the abuser attends the same school or has the same place of employment, the district court MAY NOT exclude the abuser from your school or place of employment. The court MAY enter an order governing the abuser’s conduct at your school or place of employment.
Some of the most frequently asked questions about dating violence protective orders are:
Who may file a dating violence protective order?
In order to file a dating violence protective order, you must meet the following requirements:
- Be emancipated or at least 18 years old,
- Be a victim of abuse or dating violence by a dating partner, or there is substantial likelihood you will be subjected to abuse or dating violence by a dating partner,
- Have one or more of the following relationships with the abuser:
- The “dating partner” must be emancipated or at least 18 years of age,
- There must be a dating relationship with the other party,
- The “dating partner” cannot be a spouse, former spouse, parent, or an individual who cohabitates or has cohabitated with you. If your “dating partner” fits one of these categories, please see the section “Protective Orders” above.
If you are a minor under 18 years of age or a parent of a minor, please see the section on “Stalking Injunctions” listed above.
Note: A dating relationship does not require sexual intimacy. However, the dating relationship must rise above mere casual fraternization in a business, educational, or social context.
Where do I file a dating violence protective order?
If you are filing a dating violence protective order for yourself, you should file it in the district court of the county where you or the other party resides or in the county where the abuse occurred.
The petition can be filed regardless of whether you have taken action to end the relationship with the abuser.
To find the District court for your area,.
What about my children? Are they protected?
You may include another party in your petition for a protective order if:
- The other person is a family or household member, and
- There is a substantial likelihood the other person will be subjected to abuse by your dating partner/abuser.
Note: If you know of or suspect abuse to any child (even if they are not your own), you MUST report the abuse to the Division of Child and Family Services (DCFS). In addition, a child who has been abused or who is suspected of having been abused may be appointed an attorney (called a “guardian ad litem”). This attorney’s job is to represent the child, not you or the alleged abuser.
What is abuse and dating violence?
- ”Abuse” means intentionally or knowingly:
- Causing or attempting to cause physical harm to a dating partner or,
- Placing a dating partner in reasonable fear of imminent physical harm.
- ”Dating violence” means:
- Any criminal offense involving violence or physical harm, or threat of violence or physical harm, when committed by a person against a dating partner of the person; or,
- Any attempt, conspiracy, or solicitation by a person to commit a criminal offense involving violence or physical harm against a dating partner of the person.
Do I need more than one incident of dating violence?
No. A dating violence protective order may be filed after one incident of abuse or dating violence between parties in a dating relationship.
How long does a dating violence protective order last?
You may request an immediate temporary order without prior notice to the respondent. If the court issues a temporary dating violence protective order it lasts until a hearing is set. (The hearing will be set within 20 days after the temporary dating violence protective order has been issued.)
A dating violence protective order issued by the court after proper notice has been given to the respondent and a hearing shall remain in effect 180 days after the dating violence protective order is signed.
The information in this site is not intended as legal advice.
If you are in immediate danger, call 911.
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