Unfortunately, many people across the Wasatch Front are living in constant fear of domestic abuse. Many people in this situation feel trapped because domestic violence and intimidation happens in the walls of their own homes at the hand of their spouse or partner. To protect themselves, they can seek a protective order from the court.
It must be noted: if you are in immediate danger, you should call 911 or the Domestic Violence Hotline, who can help you find emergency housing, medical care, and support for you and your children.
What is a Protective Order?
A protective order is a legal method that removes an abusive spouse or partner from your home. This effective method puts a legal stop to stalking, threats of stalking, and bodily harm and injury. It also requires that neither party communicate with one another. Failure to comply with a protective order can result in mandatory arrest and penalties can include jail time and fines.
How a Protective Order Can Protect You
There are a few ways a protective order can help those in a violent situation. Here are the functions protective orders can perform:
- A protective order forces the abusive party to stay away from the petitioner, their property, and their children.
- A protective order can award the petitioner temporary child custody.
- A protective order orders the offender not to hurt the petitioner, or they will face severe legal penalties.
- A protective order can prevent the abusive party from possessing a weapon.
Filing for a Protective Order in Utah
Filing for a protective order in Utah can be a bit complex. Because of this, victims of domestic abuse seeking a protective order should have an experienced and knowledgeable professional on their side.
- The petitioner must file a temporary order and a permanent order. If sufficient evidence is provided, your request for an interim order can be granted the same day, though they may take longer.
- Once a hearing date is set, the petitioner can argue their case.
- The court will determine if the evidence is sufficient. If it is, it will grant a permanent order.
The respondent and the petitioner are required to be present at the hearing. If both parties are in attendance, they will each have the opportunity to defend their case. If the respondent fails to appear, and evidence shows they received the necessary paperwork, the court will rule in favor of the petitioner.
A key benefit of protective orders is that they are processed relatively quickly. In stalking cases, the petitioner can receive a same-day protective order. Most hearings, for permanent orders, are set within two weeks. Because of this, victims of domestic violence can resolve their situation.
Contact The Ault Firm
No one should live in fear of their safety. The Ault Firm has provided years of legal representation and solutions and wants to help you. Whether you need a divorce, protective order, or are in an abusive relationship that is affecting the safety of you and your children, our experienced team of attorneys can help. Call to schedule your case review today.