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How do protective orders work in Utah during a divorce?

UTAH LAW

Protective Orders in Utah How They Work During a Divorce

A Utah-focused guide to types, filing steps, proof, custody impacts, violations, safety tips, and next steps

Utah Law Explained gives you a clear Utah-first answer, then walks through steps, forms, timelines, and common mistakes so you can act with confidence.

If you are going through a divorce in Utah and are worried about safety, you might be considering a protective order. Bottom line up front: Utah courts take protective orders very seriously. These orders can provide real protection in cases of abuse, harassment, or threats, but they also come with strict rules and serious consequences if misused.

Protective orders play a unique role in divorce cases because they can affect housing, custody, and communication between spouses. Understanding how they work and how to request or respond to one can make the difference between feeling lost and being prepared.

01

Case Study: Sarah in Salt Lake County

Imagine “Sarah,” a mother in Salt Lake County, who files for divorce after her spouse makes repeated threats. She worries about her safety and her children’s well-being. Her attorney recommends filing for a protective order. Sarah’s experience shows how the process works in real life, and the lessons apply to anyone in Utah facing a similar challenge.

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Temporary (Ex Parte)

Sarah files her petition, and the judge grants a temporary protective order the same day. This stops contact and can grant temporary custody until a hearing, often in about 20 days.

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Hearing & Evidence

Both sides testify. Police reports, messages, and credible testimony help. Judges often rely on testimony, so clarity and documentation matter.

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Long-Term Orders

If granted, a long-term order can last up to three years in Utah, and longer if needed. It sets clear boundaries and carries criminal penalties if violated.

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Custody Overlap

Protective orders often intersect with custody. Courts weigh the child’s best interests and may order supervised time or limited contact for safety.

02

How to File in Utah

Sarah’s steps mirror the general process for anyone in Utah. Follow these in order so your request is reviewed quickly and correctly.

forms Complete the official Utah protective order forms online or at the courthouse.
where_to_file File in the district court where either party lives. A judge may issue a temporary order the same day.
hearing Attend the court hearing. Both sides present testimony and evidence before the judge decides on a long-term order.

Tip: Bring printed copies of your petition, any police reports, screenshots, call logs, and a timeline of incidents. Simple, organized evidence helps the judge follow your story.

03

Standards of Proof, Violations, and Penalties

Standard of Proof

Preponderance: At the hearing, you must show it is more likely than not that abuse occurred and could happen again.
Helpful Evidence: Police reports, texts, emails, photos, medical notes, and credible, specific testimony.

Violations

What Counts: Showing up at your home, calls, texts, or third-party messages if the order bans contact.
Enforcement: Violating a Utah protective order is a criminal offense. Police can arrest on scene. Penalties include jail and fines.

Custody Impacts

Temporary Orders: Courts may set temporary custody and supervised parent-time. Safety is the top priority.
Best Interests: The judge weighs the child’s best interests and may limit contact while the case proceeds.

Practical Safety Tips

Carry Copies: Keep a copy of the order with you. Share with your child’s school, employer, or daycare.
Report Fast: Report violations to law enforcement right away. Work with victim advocates for added support.
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Step-by-Step: Filing to Final Order

1

Prepare & Gather Proof

Complete Utah’s forms, collect texts, call logs, police reports, and write a clear incident timeline.

2

File in District Court

File where either party lives. A judge may issue a same-day temporary order that bans contact and can set temporary custody.

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Serve & Prepare

Ensure the respondent is served. Organize exhibits for the hearing and practice concise testimony.

4

Attend the Hearing

Explain what happened, when, and how it affects safety. Answer the judge’s questions directly and calmly.

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After the Ruling

If a long-term order is granted, keep certified copies, follow all terms, and report any violations immediately.

Need Help Applying This to Your Situation?

Every family is different, and facts matter. A short consult with a Utah family law attorney can help you present the strongest case and avoid mistakes.

Talk to a Utah Attorney
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Key Takeaways

Temporary orders can be issued the same day and last until the hearing, often about 20 days.

Long-term orders can last up to three years in Utah and carry criminal penalties if violated.

Evidence and credible testimony drive outcomes. Courts prioritize child safety when custody overlaps.

This page is legal information, not legal advice. When in doubt, get counsel before you file.

Next Steps

Protective orders can be life-changing during a divorce, but they require careful handling. If you are unsure how to proceed, get tailored guidance.

Book a Protective-Order Consult

We can help you understand forms, service, hearing prep, custody overlap, and how to enforce violations.

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