Restraining Order Lawyers in Ogden
The court system is often a drawn-out process, but for individuals facing domestic abuse and violence, specialized orders can offer prompt protection and relief. Whether you’re trying to protect yourself from an abusive situation with a spouse or contest a protective order or a restraining order, the knowledgeable protective order attorneys at Porter Law Firm are here to represent your rights and best interests. Contact us today for help with your protective order in Utah.
What Is a Protective Order?
A protective order is a court order that prohibits and incriminates an individual if they are found contacting, harassing, threatening, or physically harming the party who requested the protective order. These orders may also include further stipulations regarding child custody, spousal support, property, and other matters depending on the nature of the case.
The Types of Protective Orders in Utah
There are four distinct types of protective orders in Utah. Each is used to protect individuals from various forms of abuse or harassment. These orders include:
- Cohabitant Abuse Order – This order protects individuals who have previously or currently live with an abusive spouse. To obtain this order, there must be evidence of violence, whether physical, emotional, or sexual, or cases involving stalking.
- Dating Violence Protection Act – This order protects individuals who have been victims of abuse or harassment while in a romantic relationship. To obtain this order, there must be evidence of violence, whether physical, emotional, or sexual, or cases involving stalking.
- Child Protective Order – This order protects children who have been or are at risk of being abused by a parent or guardian. To obtain this order, there must be evidence of emotional, physical, or sexual abuse.
- Civil Stalking Injunction – This order protects individuals who have been victims of stalking or harassment by a person with whom they do not have a domestic or intimate relationship. To obtain this order, there must be evidence of stalking or harassment, such as repeated unsolicited contact, threats, or unwanted watching.
When Protective Orders Are Issued
Protective orders are typically implemented in cases involving domestic violence or various forms of abuse before a verdict is reached. They serve as added protection for those who may feel like their life or safety is at risk during a trial or when they have reason to fear a stranger, such as cases involving civil stalking injunctions. In some cases, a protective order may be issued prior to a judge holding a hearing on the situation. If a hearing is scheduled, a protective order may be used to protect the victim’s safety and ensure they are not harmed during the wait time.
Penalties for Violating a Protective Order
There are severe repercussions for violating a protective order, including facing a Class A misdemeanor. Repeated violations that occur within five years of each other are considered third-degree felonies, which include five years in prison and $5,000 in fines.
Individuals who violate a protective order while on parole or probation face even more significant consequences, including a jail sentence of a year or more, disqualification from work positions, and the inability to carry a firearm. Under Utah Code Section 77-36-24, no warrant is necessary when in violation of a protective order.
Choose the Protective Order Attorneys of Porter Law Firm
At Porter Law Firm, we understand the importance of obtaining a protective order in cases of abuse and how challenging it may be for an individual accused of violating an order of this magnitude. We offer our expertise to help clients get the protection and support they need as we fight for their rights and best interests with our personalized approach to protective order law.
Contact Porter Law Firm
If you or a loved one is facing legal trouble, including violation of a protective order, or you are trying to obtain a protective order for security, the experienced lawyers at Porter Law Firm are here to assist you. Contact our firm today to discuss your protective order with one of our professionals.