Utah Restraining Order Laws (2026): How to Get a Protective Order
Utah Restraining Order Laws (2026): How to Get a Protective Order
In Utah, a Cohabitant Abuse Protective Order is available to victims of domestic violence committed by a cohabitant, while a Stalking Injunction protects any person from stalking regardless of their relationship to the respondent. The civil provisions of a Utah Protective Order expire 150 days after entry unless the court extends them for good cause, and may not be extended beyond 3 years total; criminal protective provisions remain permanent unless the court acts to dissolve them.
If you are in immediate danger, call 911. For confidential help 24/7, contact the National Domestic Violence Hotline at 1-800-799-7233 (text START to 88788).
Types of protective orders in Utah
Utah maintains two civil order tracks for victims of abuse and harassment.
The Cohabitant Abuse Protective Order is the primary domestic violence order, governed by Utah Code 78B-7-601 through 78B-7-609. It is available when the person who abused you qualifies as a cohabitant under Utah law. The term "cohabitant" has a specific legal meaning in Utah and is described in the next section. This order can require the respondent to stay away from you, your home, your workplace, and your children's school; surrender weapons; and comply with other conditions the court finds necessary.
The Stalking Injunction is available under Utah Code 78B-7 Part 7 to any victim of stalking, regardless of whether the stalker is a cohabitant or a stranger. You do not need any prior relationship with the person to seek a Stalking Injunction. This order is an important protection for victims who may not qualify for the Cohabitant Abuse Protective Order because they do not have the required domestic or household connection to the respondent.
Criminal Pretrial and Sentencing Protective Orders are also issued in criminal cases under Utah Code 77-36, providing additional layers of protection when criminal charges are filed.
Who can get a protective order in Utah?
The Cohabitant Abuse Protective Order applies when the person who abused you is a "cohabitant" as defined in Utah Code 78B-7-102.
Qualifying cohabitant relationships include:
- Current or former spouse
- Person who lives or has lived as a spouse (common law-type relationships and domestic partnerships)
- Relative by blood or marriage within specified degrees of kinship
- Person with whom you have a child in common
- Biological parent of your unborn child
- Person currently or formerly residing in the same residence as you
- Person with whom you are or were in a consensual sexual relationship
Importantly, the Utah definition excludes parent-minor child relationships and minor sibling relationships from the cohabitant definition. Those situations may be addressed through other legal channels, such as juvenile court or child protective services.
If the person who harmed you is not a cohabitant under this definition, but their conduct constitutes stalking, the Stalking Injunction provides a path to court protection. No prior relationship is required for a Stalking Injunction.
How to file for a protective order in Utah
You file a petition for a Cohabitant Abuse Protective Order in district court. There is no filing fee for protective orders in Utah.
When you file, you submit a sworn petition describing the abuse or threat. A judge can issue a temporary ex parte order immediately on the day you file if the facts show a risk of harm. The clerk's office can provide the required forms. Many Utah courthouses have self-help centers where staff can walk you through the process, and local domestic violence programs have advocates who help petitioners complete paperwork and accompany them to court.
For a Stalking Injunction, the process is similar: you file a petition in district court, and the court can issue a temporary ex parte injunction the same day if the facts support it.
Filing is free. Federal VAWA law prohibits courts from charging a filing fee or service fee for a domestic violence protective order. Utah courts do not charge petitioners for these orders.
If you are in danger and cannot safely get to the courthouse during regular business hours, contact local law enforcement. Officers can facilitate emergency protective orders in some circumstances and can help connect you with victim advocates.
Temporary vs. final orders: how long they last
Utah's protective order system works in two stages, with important distinctions between the civil and criminal portions of a final order.
| Order | How long it lasts |
|---|---|
| Temporary ex parte Cohabitant Abuse Protective Order | Issued immediately; in effect until the full hearing |
| Temporary ex parte Stalking Injunction | Issued immediately; in effect until the full hearing |
| Civil provisions of a final Protective Order | Expire 150 days after entry; extendable for good cause up to 3 years maximum (Utah Code 78B-7-606) |
| Criminal portions of a final Protective Order | Permanent unless the court dissolves them |
A temporary ex parte order is issued without advance notice to the respondent. You appear before a judge or commissioner and present your sworn petition. If the judge finds sufficient basis, the order issues that same day. The order directs the respondent to stay away from you and may include other immediate protections. It stays in effect until a full hearing can be scheduled.
After the respondent receives notice and a hearing is held, the court may issue a final order. Utah handles the duration of final orders in a distinctive way. Under Utah Code 78B-7-606, the civil provisions of the order (such as no-contact provisions, exclusion from the home, and custody-related terms) automatically expire 150 days after the date the order is entered, unless the court finds good cause to extend them. The court may extend the civil provisions for good cause, but may not extend them beyond a total of 3 years from the original entry date. To keep civil protections in place, petitioners must return to court before the 150-day deadline and show continued need. However, the criminal protective provisions within the order are permanent unless a court later finds reason to dissolve them. This means the core criminal-law protections can remain in force indefinitely even after the civil provisions expire.
This structure is significantly different from many other states, which set a fixed multi-year expiration date on the whole order. Utah petitioners should understand that the civil provisions have a 150-day default expiration and must be actively extended through the court.
Firearms and a Utah protective order
When a Utah court issues a Cohabitant Abuse Protective Order, the court may prohibit the respondent from purchasing, using, or possessing firearms or other dangerous weapons as a condition of the order (Utah Code 78B-7-603). This condition is commonly included when there has been any threat or use of a weapon, or when the court concludes the respondent poses a continuing danger.
A qualifying final Protective Order also activates the federal firearm prohibition at 18 U.S.C. 922(g)(8). Under federal law, a person subject to a qualifying final protective order issued after notice and a hearing that restrains them from harassing, stalking, or threatening an intimate partner or child may not possess any firearm or ammunition anywhere in the United States. This federal prohibition applies regardless of whether the Utah court included a specific firearms condition in the order.
If you believe the respondent has not complied with a firearms condition, contact local law enforcement. Possession of a firearm in violation of a protective order can be prosecuted as a domestic violence offense in addition to a violation of the order.
What happens if someone violates the order?
Violating a Utah Protective Order is a criminal offense under Utah Code 76-5-108, which classifies each violation as a separate domestic violence offense.
A first violation is a Class A misdemeanor, punishable by up to one year in jail and a fine.
A second or subsequent violation is a third-degree felony, punishable by up to five years in state prison. Because each violation is treated as a separate domestic violence offense, penalties can escalate quickly if a respondent continues to violate the order.
Utah law allows police officers to arrest a respondent on probable cause that a protective order has been violated. You do not need to wait for a warrant.
If the respondent violates the order, the recommended steps are to call 911 immediately if you are in danger, document the violation with notes about what happened, the date, and any witnesses or evidence, and report the violation to law enforcement as soon as it is safe to do so. Keeping a record of all violations is important because it can support both a criminal prosecution and a contempt of court proceeding.
Local victim advocates and your court's self-help center can help you understand your options if the order is violated, including seeking a modification of the order's terms if needed.
This article is general legal information, not legal advice, and it is not a safety plan. Protective-order rules vary by state and change. If you are in danger, call 911. For help with your specific situation, contact your local court's self-help center, a domestic-violence advocate, or a licensed attorney.
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- Utah Divorce Laws
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- Utah Expungement Laws
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Sources
- Utah Code 78B-7-601 through 78B-7-609 (Cohabitant Abuse Protective Orders): le.utah.gov
- Utah Code 76-5-108 (Violation of a Protective Order): le.utah.gov
- Utah Courts, Protective Orders: utcourts.gov
Related pages: Restraining Order Laws by State | Utah Self-Defense Laws | Utah Recording Laws