What are they and what can they do?
What is a protective order?
A protective order can help stop abuse by prohibiting the alleged abuser from contacting the victim. Having a protective order in place can make it a crime for the abuser to contact you or your family.
The order may also prohibit the abuser from obtaining access to weapons or essential property like vehicles. Protective orders can protect those who may be at risk for domestic violence and help victims preserve some financial security.
How to get a protective order
Protective orders exist and are available to those over the age of 16 who were victims of abuse or who fear abuse at the hands of the following:
- relative,
- cohabitant,
- partner,
- spouse or
- Some other person with whom they have a relationship with.
An attorney an Intermountain Legal can help you obtain a protective order. Read more about them here.
Reasons to get a protective order
Oftentimes, a protective order is sought out because of violence or physical abuse. However, a protective order may be issued for other reasons:
- Stalking
- Threats
- Other menacing conduct
Read the Utah Code about protective orders here.
Child Protection order
An adult can obtain a protective order on behalf of a minor child. This is called a “Child Protective Order”.
Violation of a protective order
A violation of a protective order occurs when there is probable cause that an order was violated. Police officers will make an arrest and a restrained person who violates the order may immediately be taken to jail. A violation of a protective order is typically charged as a Class A misdemeanor with a penalty of up to one year in jail and a fine of $2500. If you need help defending yourself against an order violation, read more here.
What’s the difference between a restraining order and a protective-order?
You may obtain a restraining order to keep someone from doing something nefarious. A restraining order can help make sure that the spouse you’re trying to get divorced from doesn’t damage property, cancel utility bills or insurance policies that both of your names are on.
A protective order can be issued to you in abusive situations, possibly where you have been the victim of domestic violence. A protective order’s goal is to keep the abuser away from the victim with provisions in place that punish the abuser if they violate it.
Have questions?
If you have questions about how to get a protective order or how to get help defending one, call or text Intermountain Legal at 801-990-4200 to schedule a consultation.
