If you are in immediate danger, call 911. The Domestic Violence Hotline, toll free 800-897-5465, can help with emergency housing, medical care, and advocacy. There is no fee to file or serve protective orders and stalking injunctions. The Courts online assistance program can provide instruction and forms to file a protective order. You can also contact your local law enforcement agency find out how to reach a Victim’s Advocate, who can assist with filing a protective order.
Ex Parte Protective Order
An ex parte protective order is designed to temporarily protect a domestic violence victim from a cohabitant abuser, until a court hearing for a full protective order can be held. A judge may grant an ex parte order if the judge believes the petitioner is in danger of immediate harm. If the judge grants an ex parte protective order, a hearing date will be set within 20 days. If the judge does not grant an ex parte order, a petitioner can still request to have a hearing for a protective order within 20 days.
A protective order may be issued after a court hearing in which the petitioner and the respondent have a chance to address the court. The only requirement is that the respondent has notice of the hearing. If he/she decides not to attend, a full protective order can still be granted by the judge. Ex Parte and Protective Orders must be served by a law enforcement officer or the issuing court. ANY law enforcement officer can and is required by statute UCA 78B-7-106 to serve an Ex Parte’ and/or Protective Order issued under the Cohabitant Abuse Act.
If you do not qualify for a domestic violence protective order, you may qualify for an Ex Parte Civil Stalking Injunction, as described in UCA 76-5-106.5. These orders allow for the restraining of the respondent from the area(s) occupied and frequented by the petitioner and other related persons deemed at risk by the court.
Ex Parte Civil Stalking Injunctions are issued without notice to the respondent and the respondent may request a hearing after being served. Ex Parte Civil Stalking Injunctions must be served by a law enforcement officer. ANY law enforcement officer can and is required by statute to serve any Ex Parte Civil Stalking Injunction within 90 days of date of issue.