How Will a Protective Order Affect My Divorce?
A protective order is not a substitute for a divorce decree, permanent custody order or child support order. However, in conjunction with a protective order, the court is permitted to enter certain temporary orders.
Utah Code Ann. §78B-7-106 provides that:
A court may grant the following relief without notice in an order for protection:
- Order that the respondent is excluded from the petitioner’s residence and its premises;
- Order possession and use of an automobile and other essential personal effects;
- Direct law enforcement to accompany the petitioner to the residence of the parties to ensure that the petitioner is safely restored to possession of the residence, automobile and other essential personal effects;
- Grant to the petitioner temporary custody of any minor children of the parties; and
- Enter an award of child support or spousal support.
If your spouse obtains a temporary protective order, you may find yourself temporarily without your home, vehicle and personal property, without any opportunity to be heard by the court. A protective order is also a fast way to obtain custody of your children without going through the divorce/custody process.
A Utah divorce lawyer can assist you in bringing your case before the court as soon as possible and modifying any temporary orders entered by the court in conjunction with a protective order.