Protective Orders

Adult Protective Orders

Under Utah law, an adult may request a protective order against another adult cohabitant (which is defined as someone with a domestic relationship—not just a spouse) if there has been an occurrence or threat of abuse or domestic violence.

Protective Orders can provide relief in the following manner: 1) they can order the cohabitant to have no contact and to stay away from the victim, 2) they can order the cohabitant not to threaten or commit any act of abuse or domestic violence, 3) they can provide temporary relief in the way of custody and visitation orders, 4) they can order a party to pay child support for a period of time, and 5) they can award use and possession of property for a short period of time.  Violation of a protective order can carry either criminal or civil penalties depending on the order breached.

Upon requesting a Protective Order a hearing will be scheduled and a Temporary Protective Order may be issued.  At the hearing, the court will determine whether the requesting party provides enough evidence to enter a Protective Order.  Because Protective Orders can carry criminal penalties if violated, it is imperative to properly prosecute or defend against the claims of a petitioner.

Whether you are the party requesting a Protective Order or the person accused of abuse or domestic violence, having an experienced family law attorney from Dexter & Dexter can ensure your rights are protected and provide peace of mind during a potentially stressful time.

Child Protective Orders

In Utah, any interested party may request that a protective order be entered to protect a minor child from physical or sexual abuse.  Because of the serious nature of such allegations, police investigations as well as a referral to the Division of Child and Family Services are usually required.  Child Protective Order proceedings are typically held in a Juvenile Court.

Like adult Protective Orders, upon request to a court, a Temporary Child Protective Order may issue and remain in effect until a hearing.  At the hearing, a Guardian ad Litem will be appointed to represent the interests of the child, and the investigative reports from law enforcement authorities as well as the Division of Child and Family Services will likely be presented to the court.  An attorney will prove invaluable in presenting evidence to the court as well as interacting productively with the various attorneys and agencies involved.

Whether you are the party requesting the Child Protective Order or the party defending against allegations of abuse against a child, having an experienced family law attorney from Dexter & Dexter is crucial to succeeding in your prosecution or defense.

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