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Restraining Order

By August 5, 2020Uncategorized

Restraining Orders in Utah

A restraining order is generally referred to as a temporary restraining order or a “TRO” in Utah. A TRO is somewhat self-explanatory since it is literally a temporary emergency order. It is in effect for a short period of time. In order to be able to request a TRO, you must already have some kind of case with the court system. This would generally be a custody case or a divorce case.

A TRO is appropriate only when there is a possibility that irreparable harm will take place unless the court issues an order to prevent that harm. 

 

How to get a restraining order:

In order to request a TRO, you must meet the restraining order requirements:

  • There must be an underlying case. You must have some kind of case already filed with the court whether that be a custody case or a divorce case.
  • A TRO is only meant to be used in extraordinary circumstances where there is the possibility of irreparable harm. If you are filing for one, you must show proof of irreparable harm if the TRO is not issued by the courts. 
  • The TRO cannot go against the public interest.
  • You must be likely to win the underlying case that you’ve filed with the court.

 

If you’d like to apply for a TRO, please review the instructions on the Utah Court’s website.

You can also find out more by scheduling a consultation with one of our attorneys.

 

Protective order or restraining order?

There is a difference between a restraining order and a protective order. A TRO is generally used in family law cases as described above. A protective order is frequently mistaken as a restraining order, but it is usually issued when there is a history of or a reasonable concern/fear of abuse. When someone says that they want to get a restraining order, they generally mean that they want to get a court order of protection of abuse. 

In Utah, protective orders are most frequently issued in cases of alleged domestic violence. They are issued for the victim (aka the petitioner) so that the alleged domestic abuser (aka the respondent) is ordered to not commit violence against the people listed in the order, not to contact the people listed in the order and to stay away from places like the petitioner’s home, school or work. For a full description of what a protective order can do, visit the Utah Court’s website. You can also visit the our link , here, of what a protective order can do.

For more information or a consultation, call or text Intermountain Legal at 801-990-4200.

 

 

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