The Process of Getting a Restraining Order

A restraining order can be an incredibly beneficial tool for protecting yourself and gaining peace of mind. While it is not always required to have an attorney for a restraining order, there are many potential problems that can arise throughout the process. At Kaufman, Nichols, & Kaufman, we can provide the best possible guidance to help you with your restraining order process. If you have been a victim of domestic violence, it is essential to take the steps to protect yourself from future abuse. Here are a few things to keep in mind about the process of getting a restraining order in Utah.

The Five Steps

There are several general steps that are commonly used during the restraining order process. First, you will need to request an application from the necessary courthouse. The second step is to fill out any necessary forms. The third step involves the judge reviewing your forms and your request for a restraining order. In the fourth step, the abuser will be served notice that you intend to pursue a restraining order. Finally, you will attend a hearing where each party will be given an opportunity to testify.

What is a Restraining Order?

A restraining order is a legal document that is used to make it illegal for one individual (generally the abuser) to make contact with another or multiple people. A restraining order is used to provide protection and peace of mind for an individual.

Most Common Restraining Orders

The most common reason for obtaining a restraining order is in cases of domestic dispute, such as divorce or domestic violence situations. However, there are still other reasons that an individual may decide to pursue a restraining order, such as a sexual assault or stalking case.

What is Necessary to Get a Restraining Order?

In general, it is required to show a need to the judge in order to be awarded a restraining order. This usually involves showing them that you have reason to be concerned for your own safety when in the presence of the other person. An experienced attorney can help you to collect the necessary information and proof to obtain a restraining order.

Temporary Ex Parte Protective Order

There are both temporary and permanent restraining orders. In Utah, a temporary ex parte protective order can be obtained to provide protection while you pursue a permanent order. When you receive a temporary ex parte protective order, the hearing will be set within 20 days of the temporary order. Even if you aren’t awarded a temporary order, you can still pursue a permanent order.

Final Protective Order

In order to have a final protective order issues, you will be required to attend a court hearing. This hearing will provide all parties with the opportunity to testify before the judge makes the final decision. In Utah, a final protective order generally lasts for 3 years. However, the protective order can be extended if you file a motion before the expiration of your restraining order.

An Order can be Dismissed

It is possible for an order to be dismissed by the court, usually after a certain period of time. The abuser may request for this dismissal, often after a year. Working with an experienced attorney can help you to navigate this process and ensure that your protective order remains in place.

There are several factors that can impact your restraining order process. By working with our attorneys at Kaufman, Nichols, & Kaufman, you will be able to ensure that you are able to obtain superior guidance and representation through every step of your project. To learn more about the process of getting a restraining order, contact us at Kaufman, Nichols, & Kaufman today!