Protective Order Attorneys in Ogden, Utah
Cohabitant Protective Order:
Protective Orders are a protection for people who are victims of physical abuse or domestic violence or to whom there is a substantial likelihood of abuse or domestic violence from a cohabitant. You do not have to be living with a cohabitant to be granted a protective order as a cohabitant includes a person with whom you have a child.
Protective orders should not be requested lightly as the court takes these requests very seriously. The purpose of the protective order should be to protect your personal safety and/or the safety of your minor child.
A temporary protective order can be granted without notice or hearing to the other party. Once a temporary protective order is issued, a hearing is required to be held within fourteen (14) days. The terms of the temporary protective order go into effect upon the order being served on the other party.
It is at this hearing that the Respondent will respond to the allegations. Violations of a temporary protective order can result in the entry of a permanent protective order even if the underlying allegations do not meet the standard for a protective order. Protective orders are not the proper medium to seek custody as the provisions for custody and parent-time will terminate after 150 days.
A temporary or permanent protective order can result in an order that prohibits the Respondent from committing any physical violence against the requesting party; a stay away order from the requesting party’s home (including being removed from a shared residence), vehicle, work, and/or school; a no contact order restricting communication with the requesting party; a prohibition on the possession of any firearms; and potentially a temporary custody and parent-time arrangement. If the Respondent violates the protective order, they can be arrested and charged criminally.
Permanent Protective orders are enforceable until they are dismissed by the court. A dismissal cannot be requested by the Respondent until the order has been entered for at least one year.
We have extensive experience representing victims in need of protective orders. It is very important to protect your safety and the safety of your children. If there is abuse and domestic violence happening make sure it is being documented with the police as these matters often become a “he said, she said,” situation.
We also have extensive experience representing victims of meritless temporary protective orders. It is crucial you do not violate the terms until we are able to get the order dismissed. Entry of a protective order can greatly impact your custody and parent-time rights in your divorce so it is important that you have an attorney to represent you.
Civil Stalking Injunctions:
Civil stalking injunctions are broader than protective orders in that one can be issued against any third party that the requesting party has a fear of harm from and there have been at least two documented incidents of stalking, harassment, or other threatening behaviors. If you do not qualify as a cohabitant and you are being harassed call our office to find out if a civil stalking injunction is an option.