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2. Protective Orders
Explained

3. Many people misunderstand that not all orders to stay away are the same. There
are several different types of orders that require different penalties and
conditions. There are No Contact Orders, Protective Order, Criminal No
Contact Orders, Civil Stalking Injunctions and Restraining Orders.

4. Protective Orders
A Protective Order is a court order that has specific
requirements for behavior and is only ordered in cohabitant
situations. It in essence, this “protects” one of the people who
feels like the other may harm them. The order specifically places
conditions for no contact and to stay away from the other
person. There are different kinds of protective orders.

5. Protective orders can be requested with 3 documented eminent danger
instances. These can be filed and enforceable as soon as the Request is served
upon the other person. Upon service a court date is set for 14 days later and at
that time a Long Term Criminally Punishable order will be decided. While
waiting for the hearing you cannot directly or indirectly contact the victim. This
is a request that is filed either after the criminal case has concluded or outside
of a criminal intervention.

6. Meaning you do not have to file charges against the accused to be
granted the order. This may be part of a divorce proceeding or if
the victim opts not to pursue criminal charges but needs the
protection of an order from a cohabitant. Once granted it is entered
into the state database and will appear as a flagged name or address
on all databases for gun registries, background checks and when the
police are called to an address or if you are pulled over.

7. Common Terms for these order may include child custody or supervised visitation
arrangements as well as:
• prohibiting the respondent from committing domestic violence or abuse
• prohibiting the respondent from contacting the petitioner
• excluding the respondent from petitioner’s residence, school, or workplace, or any
other place
• prohibiting the respondent from possessing a weapon
• permitting the petitioner to use a vehicle or other personal property
• granting the petitioner temporary custody of any children
• appointing a guardian ad litem to represent the interests of any children, and
• granting any other relief necessary for the safety and welfare of petitioner or another
person.
Violating these laws will result in criminal charges.
(Utah Code §§ 78B-7-102, 78B-7-103, 78B-7-106, 78B-7-107.)

8. No Contact Order/Criminal No Contact/ Pretrial No Contact Order
No Contact Orders are granted when a person is arrested for and assault, rape
or domestic violence cases and are active while a criminal case is pending. This
usually is ordered if you are arrested and will stay in place the entire time a
criminal case is being prosecuted, during trial and through sentencing.

9. At sentencing the order may be changed to a long term Protective order
(cohabitant) or Criminal No Contact Order (non-cohabitant) It could also be
changed to a Civil Stalking Injunction as well depending on circumstance and
protection requested by the victim. Once granted it is entered into the state
database and will appear as a flagged name or address on all databases for gun
registries, background checks and when the police are called to an address or if
you are pulled over.

10. Whenever a defendant is charged with domestic violence, the court may issue a pre-
trial protective order:
 prohibiting the defendant from committing or threatening acts of domestic
violence
 prohibiting the defendant from contacting or communicating with the victim
 excluding the respondent from petitioner’s residence, school, or workplace, or
any other place, and
 granting any other relief necessary for the safety and welfare of petitioner or
another person.
The order remains in effect until the defendant’s trial. It is a crime to violate a pre-
trial protective order.
(Utah Code § 77-36-2.7.)

11. Civil Stalking Injunction
A Civil Stalking Injunction is a Long Term Criminally Punishable order. This is
used in cases where there is not a cohabitation clause. Much like the Protective
Order this is an option if there is no current criminal case. It is also an option
if the victim and the alleged abuser are not cohabitants. This is similar to a
protective order as far as penalties and processes go as well.

12. However, it is held to a high standard because there should be no reason for
contact between the victim and alleged abuser because they do not share
anything in common such as children or assets. In some cases this is used for
business relationships that have gone downhill. This is usually used in cases
where there was no relationship between two parties. A Civil Stalking
Injunction can be used for roommates, neighbors, co-workers, stalking cases,
harassment cases and other circumstances.

13. Further, it does not require a criminal case just like a protective order. It
requires 3 eminent danger or documented threats/medical reports or police
reports as well. This injunction is criminally punishable and enforceable
through the police department. If violated, you can be arrested immediately.
Once granted, it is entered into the state database and will appear as a flagged
name or address on all databases for gun registries, background checks and
when the police are called to an address or if you are pulled over.

14. Civil Restraining Order
Civil Restraining Orders are a long term order that is usually contained within an
already existing order like a divorce or civil suit. These do not carry any criminal
penalties. A civil restraining order is often written into civil settlement agreements.
To enforce a restraining order the petitioner would have to have a civil hearing to
determine sanctions. Oftentimes, this is an order that is used for a “good will” or
mutual order to agree not to bother someone else. It carries no immediate penalties
and cannot be criminally punishable.

15. Further, it cannot be enforced by police so it is often a frustration to many who
misunderstand the order and mistake it for a protective order. However, courts
will order a restraining order when the harm is not eminent but only in a civil
case that already exists or was brought as part of another civil action. Sometimes
it is a condition of probation in criminal cases but does not carry any penalties on
its own. This is usually to alleviate the victim by provide some standard of
behavior between the parties that is acceptable. It is not enforceable by the police
and is only punishable through sanctions unless it is a condition of probation or
parole but only until the sentence has commenced.

16. This may be changed to a stronger order like a civil stalking injunction or
protective order if it is violated multiple times and there is probable cause
that criminal behavior has occurred during the violation that results in
physical harm or breaks a law in regard to contact between two parties. For
instance, a woman may have a restraining order issued in her divorce that
bars her from contacting her ex-husbands new wife and harassing her with
multiple calls daily. If her calls reach the level of communications
harassment, she makes a threat of physical harm or behaviors constitute
stalking the police may charge her with any of those crimes and a criminal
no contact order may be issued during the case.

17. However, it will not be considered a violation of the restraining order unless
the victims husband requests a sanction hearing or order to show cause in the
divorce case for violating the order. Further, restraining orders are not kept
on the police data system to alert the police to specific people or addresses as
believed to be dangerous or in need of protection and therefore are not
placed on a higher status for response in emergency phone calls to 911 like
the civil stalking injunction or the protective order. This order limits the
ability for police to respond unless the victim has a copy of the paperwork
on hand and even at that unless a criminally applicable law has been broken
or there is eminent danger they may not intervene and will refer you to the
civil courts to handle the violation through the divorce or the restraining
order case directly.

18. Sentencing
• If you are convicted of violating an order or you contact a victim before being released after arrest you
could be charged with another crime of a third degree felony or a class A or B misdemeanor and
anywhere from six months to 5 years in jail as well as a $1000-$5000 fine. Subsequent violations could
earn enhancements on the following scale:
• a class C misdemeanor, then it is punishable as a class B misdemeanor by up to six months in jail and a
fine of up to $1,000
• a class B misdemeanor, then it is punishable as a class A misdemeanor by up to one year in jail and a
fine of up to $2,500, or
• a class A misdemeanor, then it is punishable as a third degree felony, punishable by a prison term of
up to five years and a fine of up to $5,000.
• (Utah Code §§ 76-3-203, 76-3-204, 76-3-301, 76-5-108, 77-36-1.1, 77-36-2.5, 77-36-2.7, 78B-7-106.)

20. Contact Us Today:
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OGDEN UT
84401
P: 801.436.5757
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AMERICAN FORK, UT
84003
P: 801.641.2933
www.stevensgailey.com