Utah Request for Hearing (To Contest Civil Stalking Injunction) is a legal document used to contest a civil stalking injunction issued in the state of Utah. This document is typically used when an individual wishes to challenge a stalking injunction put in place against them. The document outlines the grounds for contesting the injunction and must be filed with the court. It is important to note that in order to contest a civil stalking injunction, the individual must meet the legal criteria outlined in Utah Code Section 78B-7-106. There are two types of Utah Request for Hearing (To Contest Civil Stalking Injunction): 1) Emergency Request for Hearing and 2) Non-Emergency Request for Hearing. An Emergency Request for Hearing is used when an individual believes their civil rights are being violated and needs immediate relief from the court. A Non-Emergency Request for Hearing is used when an individual has received notice of a civil stalking injunction and wishes to contest the injunction without needing an immediate hearing.
Utah Request For Hearing (To Contest Civil Stalking Injunction)
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FAQ
A civil stalking injunction is a court order that tells the respondent that they may not stalk the petitioner, may not contact or go near the petitioner, and may not go near others who are listed in the injunction.
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.
Harassment. Terms defined in Section 76-1-101.5 apply to this section. An actor commits harassment if, with intent to frighten or harass another, the actor communicates a written or recorded threat to commit a violent felony. A violation of Subsection (2) is a class B misdemeanor.
?Anyone who willfully, maliciously, and repeatedly follows or harasses another person and makes a credible threat with the intent to place them in reasonable fear for their safety, or the safety of their immediate family is guilty of the crime of stalking.?
An actor commits stalking if the actor intentionally or knowingly: (a) engages in a course of conduct directed at a specific individual and knows or should know that the course of conduct would cause a reasonable person: (i) to fear for the individual's own safety or the safety of a third individual; or.
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 Utah, it is a crime to stalk other people. If you are charged with repeated stalking charges, you can be facing 2nd and 3rd Degree felonies. Criminal stalking is an enhanceable charge, just like DUI, Retail Theft, Domestic Violence or drug charges. (b) To suffer other emotional distress.