Any Utah resident can request a protective order from the courts, provided they meet certain requirements and claim they were harassed, physically assaulted, or threatened with violence. A protective order acts as a powerful legal shield against the respondent, or the person who is subject to the order. But what happens if the respondent allegedly violates the order?
They could face the risk of immediate arrest and being charged with a class A misdemeanor. Subsequent violations might lead to enhanced charges and more serious consequences. If you are arrested for violating a restraining order, call us immediately rather than explaining yourself to law enforcement. Not all restraining orders are fair, and we may be able to get the one against you dismissed in Utah.
Call Overson & Bugden’s Salt Lake City criminal defense lawyers at (801) 758-2287 for a free case evaluation.
Can I Be Arrested if I Violate a Protective Order in Utah?
If you violate a protection order in Utah, you could be arrested. If that happens, call our attorneys immediately, and don’t try to explain yourself to law enforcement.
Suppose the petitioner claims that you violated the order, and there is probable cause to support the petitioner’s allegations. In that case, you may be subject to immediate arrest, and no warrant is necessary.
This is provided by Utah Code § 78B-7-119, which states, “A law enforcement officer shall, without a warrant, arrest an alleged perpetrator whenever there is probable cause to believe that the alleged perpetrator has violated any of the provisions of an ex parte protective order or protective order.”
Our Utah criminal defense lawyers can explain all the terms of the protective order granted against you in Utah so that you know what conduct might violate it.
Can I Be Charged with a Crime for Violating a Protective Order?
Violating a protective order often results in charges against the alleged perpetrator. If you face charges after violating a protective order in Utah, our criminal defense attorneys are here to help. Not only can we explain the charges and potential consequences, but we may be able to get the charges dropped.
According to § 76-5-108(3), intentionally or knowingly violating a protective order is a class A misdemeanor. This puts violating a protective order on the same level as offenses like negligent homicide and simple assault.
In Utah, class A misdemeanors are punishable with fines of up to $2,500 and almost a full year in jail.
Each violation of the order can be charged as a separate misdemeanor. Furthermore, each violation comitted after the first has the potential to be a third degree felony. This conviction carries much more serious consequences, such as increased fines and the possibility of up to five years in jail.
If you are charged and convicted of a third degree felony for repeated protective order violations, you might face even more consequences. A felony conviction might disqualify you from certain jobs, make it impossible to work with children, and end your right to own a gun.
What Happens if I Violate a Protective Order While on Parole in Utah?
A protective order violation can have disastrous effects for individuals who are on probation, parole, and those who are out on bail, even if those charges are completely unrelated to the alleged abuse.
Probation, parole, and bail are contingent upon, among other conditions, remaining free of additional arrests and criminal charges. By violating protective orders, parolees, probationers, and those on bail jeopardize their freedom and risk being returned to jail or prison.
While the frustration of being separated from your children, home, or possessions is understandable, respondents must not violate protective orders, especially while on parole or probation. Not only are the consequences of a violation severe, but there are also better, more effective ways to safely and legally challenge an order with which the respondent is dissatisfied.
Who Can Get a Protective Order Against Me in Utah?
It is important to note that, in Utah, a protective order under the Cohabitant Abuse Procedures Act is only possible against “cohabitants.” This means spouses, boyfriends, girlfriends, parents, siblings, roommates, etc., who live together.
These protective orders, unlike general “restraining orders” available in some states, are to protect people from the alleged abuse of people who live with them. Additionally, these orders are to protect against abuse or the likelihood of abuse; a protective order would not be available against, for example, a roommate who repeatedly steals from you.
A separate act, the Dating Violence Protection Act, allows protective orders for dating partners who do not live together. This law only applies to people over the age of eighteen who are in a dating relationship. The dating relationship does not need to be sexual in order to attain a protective order.
What Happens During a Protective Order Hearing in Utah?
Utah residents who are concerned about a threat to their personal safety can seek a protective order by completing and filing a six-page petition called a Request for Protective Order. Suppose the judge decides to grant the request upon reviewing the petition. In that case, the petitioner will be protected under a Temporary Protective Order until the hearing, which is typically scheduled a few weeks later.
At the hearing, the respondent will have the opportunity to challenge the petitioner’s allegations. If the respondent is successful, the order will be dismissed – but if the petitioner prevails, the judge will upgrade the order from an ex parte or Temporary Protective Order to a Final Protective Order.
Let our attorneys represent you during a hearing for a protective order, as it may threaten your access to your home, personal belongings, and even your children.
What Are the Differences Between Protective Orders and Restraining Orders?
While the phrases “restraining orders” and “protective orders” are sometimes used interchangeably, they are not the same thing in Utah. As mentioned, protective orders are specifically given to protect individuals against alleged abuse within their households.
For someone to get a temporary restraining order against you, there must already be an existing civil case, like a divorce or custody case. The petitioner does not need an existing case to seek a protective order, which they can get if they meet other criteria.
Violating a temporary restraining order filed against you by a landlord, neighbor, or other party also comes with consequences.
A temporary restraining order may only last 14 days in Utah, while protective orders generally last three years, unless the petitioner successfully motions to extend it.
What Do Protective Orders Prohibit in Utah?
Whether an order is granted on a short-term or long-term basis, in either case, the respondent must abide by its rules and restrictions as long as the order is in effect. Depending on the details specific to the situation, an order’s restrictions might prohibit the respondent from the following conduct:
- Hurting or harassing the petitioner, including the petitioner’s children and any other cohabitants (such as a sibling or roommate)
- Going within a certain distance of the petitioner’s school, workplace, car, and/or residence
- Possessing weapons, including gun possession, even if the respondent has a permit
A protective order can also grant temporary possession of a residence to the petitioner, effectively kicking the respondent out of his or her home. An order can even grant the petitioner child custody, regardless of whether the petitioner and respondent are married or divorced.
What if a Protective Order is Unfair?
If you feel that the terms of a protective order are inappropriate or unfair, do not simply ignore the order’s rules. The better way to approach the situation is to have our Utah criminal defense lawyers motion to vacate or dismiss the protective order.
Our attorneys can represent you during hearings and prepare the prerequisite legal forms. Forms include the Respondent’s Request to Dismiss Protective Order, the Order on Request to Dismiss or Vacate Protective Order, and the Notice of Hearing on Request to Dismiss or Vacate Protective Order. Respondents use similar forms when requesting to vacate or dismiss temporary restraining orders.
Additionally, the petitioner has their own legal power to request that protective orders be modified, vacated, or dismissed altogether.
If you are trying to get a protective order against you dismissed, contact our experienced lawyers. The first step in getting a protective order dismissed is to file a motion with the court. The process from there differs depending on how long the order has been in effect.
How Long Do Protective Orders Last in Utah?
Some protective orders last longer than others, and you should know exactly how long certain restrictions apply to you in Utah. If you are not sure what type of order you have against you, or you are not sure when it went into effect, it is important to have an attorney review your case. If you are trying to get your protective order dropped, our experienced attorneys can help.
If a protective order was granted under the Dating Abuse Protection Act, it expires after 180 days. Protective orders issued under this law are only for dating partners who do not live together.
Protective orders typically last three years in Utah, according to § 78B-7-606(1)(a). However, the court may extend the protective order if there is a reasonable fear of abuse. This is determined by analyzing different factors, including the following:
- Past compliance with the order
- Whether the order was ever violated
- Claims of abuse by either party during the order
- Counseling or therapy for either party
- Impact on minor children of either party
- Other factors the court deems relevant
If these factors show the risk of abuse is gone, a protective order older than three years can be dismissed.
The civil provisions of a protective order may only last 150 days unless extended. This refers to any temporary custody, visitation, or child support provisions.
Divorce can also affect how long a protective order lasts. Suppose the petitioner and respondent are in the process of getting divorced, and the court finds that the protective order will no longer be necessary after the divorce. In that case, the protective order may be ended when the divorce is finalized.
Can Protective Orders Be Dismissed After One Year?
If the order has been in effect for one year or longer, then there are multiple reasons the protective order could be dismissed, such as the following:
- The reason the order was issued no longer exists
- The person who originally got the protective order has repeatedly tried to provoke the respondent into violating the order
- The petitioner’s actions show there is no longer a fear of the respondent
If any of these can be shown, a court will dismiss a protective order that has been in effect for a year or longer. There must also be proof that there are no convictions or unresolved claims of violations.
Getting a protective order dismissed before the three years are up can help you avoid unintentional violations that might carry unfair consequences.
What Happens if There Are Mutual Protective Orders?
A mutual protective order is a situation where both parties have a protective order against the other. The law tries not to let this happen, if possible. Part of the concern is that if someone fights back against their abuser in self-defense, a mutual protective order might label that self-defense as abuse. It would be unfair to issue a protective order, along with all of its restrictions, against someone who was only defending themselves.
A court will only grant mutual protective orders, to protect each party against the other, when all of these conditions are met:
- Each party independently filed for a protective order,
- Each party shows that the other abused them,
- And each party shows that the violence was not in self-defense.
In order to fit these requirements, each party must be abusing the other. One party’s self-defense is not sufficient to get a restraining order against the self-defender.
What if Someone Lies to Get a Protective Order?
If someone lies to get a protective order against you in Utah, call our attorneys. We can work to get the protective order dismissed to avoid violating it and facing charges.
Falsifying statements to get a protective order is illegal in Utah. At your hearing for a protective order, we may present evidence that contradicts the petitioner’s claims, such as texts, phone calls, and other correspondence. Witnesses who can testify about your character or incidents where you were the victim, not the aggressor, may also help.
Let a Salt Lake City Assault Attorney Fight for You
Call Overson & Bugden’s Park City criminal defense lawyers at (801) 758-2287 for a free case analysis.
