Protective Orders are special types of orders created by statute. The statute is found at Utah Code § 78B-7-101 et seq.
Protective Orders are civil orders granted by a judge in a civil process that usually includes the granting of an immediate order for protection called a "Temporary Protective Order" and then later, after a hearing, a permanent "Protective Order."
The permanent Protective Order has two parts. The first part orders an abuser to stay away from the victim, family members and certain locations. If violated, this part of the protective order can result in the abuser being arrested and criminally prosecuted.
The second part contains provisions for custody, visitation, child support, property division, debt payment and other necessary orders. This second part lasts for only 150 days and violation is not a crime. The 150 days provides time for the victim to seek other permanent relief such as filing an action for divorce, annulment, separate maintenance or custody. If the 150-day provision is violated, the victim must bring a motion before the court in a civil proceeding, usually through an "Order to Show Cause," and ask the court to hold the abuser in contempt for the violation. Among other relief, civil contempt is punishable by up to a $1000 fine and 30 days in jail.
WHAT ARE THE DIFFERENT TYPES OF PROTECTIVE ORDERS?
Temporary Protective Order.
This is an Order that is immediately available upon the filing of a Request for Protective Order. The Order is issued without giving the Respondent a chance to tell his or her side of the story. The judge may grant you a Temporary Protective Order if it appears from your Request that the abuse or domestic violence has occurred. This Order will be valid until a Protective Order is obtained and served on Respondent or a Protective Order is denied.
Protective Order.
This is an Order that may be obtained at the time of a protective order hearing, after giving both sides a chance to speak. It replaces the Temporary Protective Order.
Temporary Modified Protective Order and Modified Protective Order.
When a Temporary Protective Order or a Protective Order has been issued by the court, and the facts on which the order is based subsequently change (for instance a change of address or employment) you must petition the court to modify the original order. The court may issue a Temporary Modified Protective Order pending a hearing. The court can only issue a Modified Protective Order after a hearing.
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. Because it is so difficult for both sides to an incident of abuse or domestic violence to prove these things, Mutual Protective Orders will only be authorized under rare and extraordinary circumstances. If issued, this Order will restrain both sides from abusing or contacting each other, and will make other orders consistent with mutual restraint.
Foreign Protective Orders.
A protective order issued in another state may be filed in this state. This state will recognize all of the protections granted by another state. The court clerk has the necessary forms to accomplish this filing.