Utah Request For Civil Stalking Injunction

State:
Utah
Control #:
UT-SKU-0620
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PDF
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Description

Request For Civil Stalking Injunction

The Utah Request for Civil Stalking Injunction is a legal document that allows a person to obtain a court order to protect themselves from ongoing stalking, harassment, or cyber-stalking. The civil injunction is a court order that orders the stalker to stop any form of communication or contact with the petitioner. The injunction can also order the stalker to stay away from the petitioner and their residence. The Utah Request for Civil Stalking Injunction also provides protection for the petitioner from any future stalking or harassment behavior. There are two types of Utah Request for Civil Stalking Injunction: Temporary and Permanent. A Temporary Injunction is issued by a judge for a short period of time and is usually granted without a hearing. A Permanent Injunction is issued by the court after a hearing has taken place. The Permanent Injunction may be used to extend protection to the petitioner for the duration of a trial or a period of time specified by the court.

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FAQ

A permanent criminal stalking injunction limiting the contact between the actor and victim may be filed in ance with Section 78B-7-902.

The criminal penalties for this crime can be very serious. If the person is convicted of stalking for the first time, the crime is considered a Class A Misdemeanor, which carries with it a possible penalty of jail time up to one year and/or a fine up to $2,500. (See Utah Code 76-5-106.5(6)).

If stalking is charged as a Class A misdemeanor, you may face up to 364 days in jail and fines up to $2,500. Stalking charged as a third-degree felony is more serious, and the penalties will be harsher. You could spend up to 5 years in prison and pay up to $5,000 in fines.

In a domestic violence case, the criminal offense of stalking is a serious issue. California has some of the toughest and most comprehensive laws in the United States.

Under Utah law, stalking is an intentional course of conduct that the actor knows or should have known would cause fear or emotional distress in a reasonable person. Stalking conduct can include: Repeatedly following someone. Direct confrontation.

Harassment is typically classified as a Class B misdemeanor. A criminal conviction for this offense can lead to 6 months in jail and up to $1,000 in fines. In addition to these penalties, you will get a criminal record. This can present different challenges, even years after your conviction.

See Utah Code Section 76-5-106.5. In addition to the statements in the Request for Civil Stalking Injunction, the petitioner must provide other evidence of stalking, like police reports, sworn statements from witnesses, audio or video tapes, other records, photos and letters.

More info

If you are a victim of stalking, you can use this form to ask the court for a protective order prohibiting stalking. A civil stalking injunction may last up to three (3) years but the person who filed may ask that it be dismissed at any time.You will need to complete a few court forms. The forms will ask you to describe in detail the harassment, stalking, threats, or harm you experienced. Levitt represents individuals who are served with a Temporary Civil Stalking Injunction issued on an Ex Parte basis. A judge will look at your forms within 24 hours and let you know if you will get a temporary restraining order or not. Domestic Violence Order of Protection; Stalking Order of Protection; Criminal Bail Order; Civil Restraining Order; Other Circuit Court Orders. If the SPO is granted, the court may also order that the respondent cannot have guns. You may be able to ask for money damages under the law. Available in Spanish and Hmong.

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Utah Request For Civil Stalking Injunction