A restraining order is a court order restricting a person from doing something. It can be temporary or permanent. For example, a court order prohibiting family violence is a restraining order. This type of order is issued most commonly in cases of domestic violence. The court order can prohibit a person from harassing, threatening, and sometimes merely contacting or approaching another specified person. A court may grant an ex parte restraining order in a family-violence case if it is necessary to (1) achieve the government's interest in protecting victims of family violence from further abuse, (2) ensure prompt action where there is an immediate threat of danger, and (3) provide governmental control by ensuring that judges grant such orders only where there is an immediate danger of such abuse.
Utah Petition to for Restraining Order due to Domestic Violence
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How to fill out Petition To For Restraining Order Due To Domestic Violence?
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FAQ
Violation of protective order. Terms defined in Section 76-1-101.5 apply to this section. intentionally or knowingly violates that order after having been properly served or having been present, in person or through court video conferencing, when the order was issued.
Restraining orders are not a separate action, but generally part of an existing legal action like a divorce or paternity case. Protection orders are stand-alone actions that can be filed by victims of domestic violence, spousal abuse or general harassment.
Private Records Only the parties, their lawyers and a few others can view and copy the record. A few examples of private records include: Petition for divorce. Request for protective order.
It expressly requires the alleged abuser to have no personal contact with the victim, not threaten or harass the victim or go onto the premises of the victim's residence or anywhere the victim is temporarily living. The prohibition on personal contact includes sending messages through third parties.
Mutual Protective Orders. This type of Order can only be issued if both parties file a Request, then prove at the hearing that the other side has committed abuse or domestic violence, and that the abuse or domestic violence did not occur in self defense.
If the victim violates the order, there are no criminal penalties as the victim is not the one legally bound by the order. However, no-contact and other protective orders often come with both civil and criminal components.