Temporary Restraining Order Sample With Motion To Dismiss In Utah
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Code R151-4-302 - Motion to Dismiss. (1) A party wishing to file a motion to dismiss on any grounds described in Rule 12(b)(1) through 12(b)(7) of the Utah Rules of Civil Procedure, shall file the motion before filing a responsive pleading .
The respondent can ask to modify or dismiss a protective order by filing a motion asking to modify the protective order, or a Respondent's Request to Dismiss Protective Order form. The request must be served on the petitioner, and the court will schedule a hearing.
Possession of dangerous weapon by minor. (b) is accompanied by a parent or guardian while he has the weapon in his possession. (2) Any minor under 14 years of age in possession of a dangerous weapon shall be accompanied by a responsible adult.
Presumptions and defenses. Possession of property recently stolen, when no satisfactory explanation of such possession is made, shall be deemed prima facie evidence that the person in possession stole the property.
This rule applies to the dismissal of any counterclaim, crossclaim, or third-party claim. A claimant's voluntary dismissal under paragraph (a)(1) must be made before a responsive pleading is served or, if there is no responsive pleading, before evidence is introduced at a trial or hearing.
Since restraining orders are civil orders, they are not typically reflected in a criminal record. However, since many courts are courts of public record, the public might have access to information about past restraining orders.
Use of force in making an arrest by a law enforcement officer. If a person is being arrested and flees or forcibly resists after being informed of the intention to make the arrest, the law enforcement officer making the arrest may use reasonable force to effect the arrest.
Restraining orders can be very broad and may restrict all kinds of behaviors. From contacting the other party to any other behavior that might affect the case, a restraining order can be applied. Protective orders apply mostly to violent or threatening behavior and seek to protect petitioners from future harm.
About protective orders The person the order is requested against is called the respondent. If the court finds the respondent threatened or tried to harm the petitioner, the order can: prevent the respondent from contacting or communicating with people. stop the respondent from threatening violence.
Key Differences A Harassment Order addresses unwanted behavior that may not necessarily involve physical harm but still causes significant distress to the victim. In contrast, a Restraining Order is typically sought in cases involving a history of violence, physical threat, or other forms of serious harm.
