Utah
Utah Restraining Order Laws (2026): How to Get a Protective Order
Independently fact-checked against primary sources (last audited August 17, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 17, 2026. · 3 primary sources cited on this page. How we verify our legal content
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; the order as a whole automatically expires three years after it is entered unless the petitioner files a motion to extend it before that date.
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 protective orders are also issued in criminal cases under Utah Code Title 78B, Chapter 7, Part 8: pretrial protective orders under 78B-7-803, and sentencing or continuous protective orders under 78B-7-804. These add a further layer of protection once 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 an ex parte injunction the same day if the facts support it. From there the stalking track works differently from the protective order track. Under Utah Code 78B-7-701, the respondent has 10 days after being served to request a hearing in writing. If no request is filed, the ex parte injunction automatically becomes a civil stalking injunction without further notice or any hearing, and it expires three years after the day it was served.
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; hearing set within 21 days (Utah Code 78B-7-604) |
| Ex parte Stalking Injunction | Issued immediately; becomes a final injunction if the respondent does not request a hearing within 10 days of service |
| Civil Stalking Injunction (final) | Expires 3 years after the day the ex parte injunction was served (Utah Code 78B-7-701) |
| Civil provisions of a final Protective Order | Expire 150 days after entry; extendable for good cause, but never past the 3-year outer limit (Utah Code 78B-7-606) |
| Cohabitant Abuse Protective Order as a whole | Automatically expires 3 years after entry unless the petitioner moves to extend it (Utah Code 78B-7-606) |
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 runs two separate clocks on it. Under Utah Code 78B-7-606, the order as a whole automatically expires three years after the date it is entered. The civil provisions of the order (such as exclusion from the home and custody-related terms) run out much sooner: they expire 150 days after entry unless the court finds good cause to extend them, and even an extension cannot push them past that same three-year outer limit.
The order does not renew itself. To keep it in force past either deadline, the petitioner must file a motion before the order expires and show either a current reasonable fear of future harm, abuse, or domestic violence, or that the respondent violated the order or was convicted of a qualifying domestic violence offense after it was issued. If the court grants the motion, it sets a new expiration date.
The criminal provisions of the order are harder for a respondent to shed early. Under Utah Code 78B-7-603, a court may not vacate them within two years of issuance unless the petitioner is personally served, appears, and consents, or submits a verified affidavit agreeing to it. That is a guard against early termination, not a permanent order. The criminal provisions still lapse on the three-year expiration date set by 78B-7-606 unless the order is extended.
What is unusual about Utah is the short 150-day default on the civil side. Petitioners should calendar both dates and return to court before the earlier one. If the 150-day date is near, have a Utah family lawyer look at a motion to extend in a free case evaluation before the order expires (attorney advertising).
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 criminal provision of a Utah Protective Order is a criminal offense under Utah Code 76-5-108, and it counts as a domestic violence offense. Violating a civil provision is handled as contempt of court instead (Utah Code 78B-7-607).
A violation is a Class A misdemeanor, punishable by up to one year in jail and a fine (Utah Code 76-5-108(3)).
The charge rises to a third-degree felony, punishable by up to five years in state prison, only in the narrower situation set out in Utah Code 77-36-1.1(4): the person commits or is convicted of the class A misdemeanor domestic violence offense within 10 years after being convicted of a qualifying domestic violence offense, or within five years after a conviction for a property damage offense. The trigger is a prior conviction inside that window, not simply a second violation. Someone with no qualifying prior conviction who violates an order twice faces two Class A misdemeanors, not a felony.
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.
Related pages: Restraining Order Laws by State | Utah Self-Defense Laws | Utah Recording Laws
More Utah Laws
Frequently Asked Questions
How do I get a restraining order in Utah?
File a petition for a Cohabitant Abuse Protective Order in district court. There is no filing fee. A judge can issue a temporary ex parte order the same day you file if you show a risk of harm. For stalking by someone who is not a cohabitant, file for a Stalking Injunction using the same court. Court self-help centers and local domestic violence advocates can help you with the forms.
How long does a restraining order last in Utah?
A Cohabitant Abuse Protective Order automatically expires three years after entry under Utah Code 78B-7-606, and its civil provisions expire after only 150 days unless the court finds good cause to extend them. An extension cannot push the order past the three-year mark. To keep it in force, the petitioner must file a motion before it expires. A temporary ex parte order lasts until the hearing, which is set within 21 days. A civil stalking injunction runs on its own clock: it expires three years after the day the ex parte injunction was served.
How much does a restraining order cost in Utah?
There is no filing fee for a Protective Order in Utah. Federal VAWA law also bars courts from charging a service fee for domestic violence protective orders.
Can I get a restraining order without a police report?
Yes. You do not need a prior police report to file for a Cohabitant Abuse Protective Order or a Stalking Injunction in Utah. You file a sworn petition describing the abuse or stalking, and the court decides whether to issue a temporary order based on that sworn statement.
Does a restraining order take away gun rights in Utah?
Courts may prohibit a respondent from purchasing, using, or possessing firearms as a condition of a Utah Protective Order. A qualifying final order issued after notice and a hearing also triggers the federal ban at 18 U.S.C. 922(g)(8), which prohibits the respondent from possessing any firearm or ammunition under federal law.
What happens if the abuser violates the order?
Violating a criminal provision of a Utah Protective Order is a Class A misdemeanor (up to 1 year in jail) under Utah Code 76-5-108. It is charged as a third-degree felony only if the person commits or is convicted of it within 10 years after a conviction for a qualifying domestic violence offense, under Utah Code 77-36-1.1. Violating a civil provision is contempt of court. Police can arrest without a warrant on probable cause. Call 911 if you are in immediate danger and report the violation to law enforcement as soon as it is safe.
What is a cohabitant in Utah protective order law?
Under Utah Code 78B-7-102, a cohabitant includes your current or former spouse, a person who lives or has lived as a spouse with you, a relative by blood or marriage within specified degrees, a person with whom you share a child, a person with whom you are or were in a consensual sexual relationship, and anyone who currently or formerly resided in the same home. The definition excludes parent-minor child and minor sibling relationships.
Updates
Corrected how long a Utah protective order lasts (the order automatically expires three years after entry; the criminal provisions are not permanent), clarified that a protective order violation becomes a third-degree felony only after a qualifying domestic violence conviction within 10 years, added the three-year term and respondent-request hearing rule for civil stalking injunctions, and updated the citation for criminal protective orders to Utah Code Title 78B, Chapter 7, Part 8.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Governing law re-checked for recent changes
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Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Utah Code, Title 78B: Judicial Code
§ 78B-7-603Cohabitant abuse protective orders -- Ex parte cohabitant abuse protective orders -- Modification of orders -- Service of process -- Duties of the court.In force
(1) If it appears from a petition for a protective order or a petition to modify a protective order that domestic violence or abuse has occurred, that there is a substantial likelihood domestic violence or abuse will occur, or that a modification of a protective order is required, a court may: (a) without notice, immediately issue an ex parte cohabitant abuse protective order or modify a protective order ex parte as the court considers necessary to protect the petitioner and all parties named to be protected in the petition; or (b) upon notice, issue a protective order or modify a protective order after a hearing, regardless of whether the respondent appears.
Official text (excerpt) · last checked 2026-09-14 · Read the full text in our law library · Verify at le.utah.gov
§ 78B-7-606Expiration -- Extension.In force
(1) (a) Except as provided in Subsection (1)(b) and subject to the other provisions of this section, a cohabitant abuse protective order automatically expires three years after the day on which the cohabitant abuse protective order is entered. (b) (i) The civil provisions of a cohabitant abuse protective order described in Section 78B-7-603 expires 150 days after the day on which the cohabitant abuse protective order is entered, unless the court finds good cause for extending the expiration date of the civil provisions. (ii) Unless a motion under this section is granted, a court may not extend the civil provisions of a cohabitant abuse protective order for more than three years after the day on which the cohabitant abuse protective order is entered.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at le.utah.gov
§ 78B-7-102Definitions for chapter.In force
As used in this chapter: (1) "Abuse" means, except as provided in Section 78B-7-201, intentionally or knowingly causing or attempting to cause another individual physical harm or intentionally or knowingly placing another individual in reasonable fear of imminent physical harm. (2) "Affinity" means the same as that term is defined in Section 76-1-101.5. (3) "Canadian domestic violence protection order" means the same as that term is defined in Section 78B-7-1201. (4) "Child" means an individual who is younger than 18 years old. (5) "Civil protective order" means an order issued, after a hearing on the petition, of which the petitioner and respondent have been given notice, under: (a) Part 2, Child Protective Orders; (b) Part 4, Dating Violence Protective Orders; (c) Part 5, Sexual Violence Protective Orders; (d) Part 6, Cohabitant Abuse Protective Orders; or (e) Part 11, Workplace Violence Protective Orders. (6) "Civil stalking injunction" means a stalking injunction issued under Part 7, Civil Stalking Injunctions.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at le.utah.gov
Cited in 10 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Patole v. Marksberry (Court of Appeals of Utah 2014, 762 Utah Adv. Rep. 19)“…causing or attempting to cause a cohabitant physical harm." Utah Code Ann. § 78B-7-102(1) - (LexisNexis 2012). - Marksberry ad…”
- State v. Graham (Court of Appeals of Utah 2011, 692 Utah Adv. Rep. 14)“…assault) (current version at id. (Supp. 2011)); Utah Code Ann. § 78B-7-102(2)(a) (2008) (defining "cohabitant'"' t…”
- State v. Watkins (Court of Appeals of Utah 2011, 678 Utah Adv. Rep. 25)“…ogether, such as anyone "related by blood or marriage," see Utah Code Ann. § 78B-7-102(2)(c), in the Cohabitant Abuse Act's de…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 78B-7-601Definitions.In force
As used in this part: (1) "Cohabitant abuse protective order" means an order issued by a court under this part after a hearing on the petition for which the petitioner and respondent have been given notice. (2) "Ex parte cohabitant abuse protective order" means an order issued under this part without notice to the respondent. (3) "No-fault cohabitant abuse protective order" means an order issued under this part by a court, in accordance with Subsection 78B-7-603(4), without a finding by the court that the respondent has committed, or will commit, domestic violence or abuse. (4) "Protective order" means: (a) a cohabitant abuse protective order; (b) an ex parte cohabitant abuse protective order; or (c) a no-fault cohabitant abuse protective order.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at le.utah.gov
§ 78B-7-701Ex parte civil stalking injunction -- Civil stalking injunction.In force
(1) (a) (i) Except as provided in Subsection (1)(b), an individual who believes that the individual is the victim of stalking may bring a verified written petition for a civil stalking injunction against the alleged stalker. (ii) A minor with the minor's parent or guardian may bring a petition on the minor's own behalf, or a parent, guardian, or custodian may file a petition on the minor's behalf. (b) A stalking injunction may not be obtained against: (i) a law enforcement officer, governmental investigator, or licensed private investigator, as described in Subsection 76-5-106.5(6); or (ii) an individual for engaging in conduct described in Subsection 76-5-106.5(6)(a)(ii). (2) Notwithstanding Chapter 3a, Venue for Civil Actions, an individual shall bring a petition described in Subsection (1)(a) in the judicial district in which: (a) the individual or respondent resides or is temporarily domiciled; or (b) any of the events occurred.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at le.utah.gov
Cited in 13 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Ragsdale v. Fishler (Utah Supreme Court 2020, 491 P.3d 835)“…ession. See H.B. 403, 63d Leg. 2020 Gen. Sess. (Utah 2020); UTAH CODE § 78B-7-701. “We refer to the version of the statut…”
- Anderson v. Deem (Court of Appeals of Utah 2023, 530 P.3d 945)“…stalking of the petitioner by the respondent has occurred.” Utah Code § 78B-7-701(4)(a), (b)(ii). “If the respondent requ…”
- Schmidt v. Petersen (Court of Appeals of Utah 2025, 564 P.3d 526)“…eason to believe that an offense of stalking has occurred.” Utah Code § 78B-7-701(3)(a). If an ex parte civil stalking in…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 78B-7-604Hearings.In force
(1) (a) The court shall set a date for a hearing on the petition for a cohabitant abuse protective order to be held within 21 days after the day on which the court issues an ex parte cohabitant abuse protective order. (b) If, at the hearing described in Subsection (1)(a), the court does not issue a protective order, the ex parte cohabitant abuse protective order expires, unless extended by the court. (c) (i) The court may extend the 21-day period described in Subsection (1)(a) only if: (A) the petitioner is unable to be present at the hearing; (B) the respondent has not been served; (C) the respondent has had the opportunity to present a defense at the hearing; (D) the respondent requests that the ex parte cohabitant abuse protective order be extended; or (E) exigent circumstances exist. (ii) Under no circumstances may an ex parte cohabitant abuse protective order be extended beyond 180 days from the day on which the court issues the initial ex parte cohabitant abuse protective order.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at le.utah.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2022
Opinions citing this section in our collection:
- Miller v. Dasilva (Court of Appeals of Utah 2022, 505 P.3d 79)“…earing within twenty-one days after the objection is filed. Utah Code Ann. § 78B-7-604(1)(f) (LexisNexis Supp. 2021). 2020…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 78B-7-607Penalties.In force
(1) A violation of a criminal provision of a protective order issued under this part is a class A misdemeanor. (2) A violation of a civil provision of a protective order issued under this part is contempt of court.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at le.utah.gov
§ 78B-7-804Sentencing and continuous protective orders for a domestic violence offense -- Modification -- Expiration.In force
(1) Before a perpetrator who has been convicted of or adjudicated for a domestic violence offense may be placed on probation, the court shall consider the safety and protection of the victim and any member of the victim's family or household. (2) The court may condition probation or a plea in abeyance on the perpetrator's compliance with a sentencing protective order that includes: (a) an order enjoining the perpetrator from threatening to commit or committing acts of domestic violence against the victim or other family or household member; (b) an order prohibiting the perpetrator from harassing, telephoning, contacting, or otherwise communicating with the victim, directly or indirectly; (c) an order requiring the perpetrator to stay away from the victim's residence, school, place of employment, and the premises of any of these, or a specified place frequented regularly by the victim or any designated family or household member; (d) an order prohibiting the perpetrator from purchasing, using, or possessing a firearm or other specified weapon; (e) an order directing the perpetrator to surrender any weapons the perpetrator owns or possesses; and (f) an order imposing any…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at le.utah.gov
Cited in 3 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Orem City v. Jakeman (Court of Appeals of Utah 2025, 2025 UT App 187)“…UT App 187 Orem City v. Jakeman Utah Code § 78B-7-804(5). Jakeman asserts that “the district…”
- State v. Allred (Court of Appeals of Utah 2026, 2026 UT App 1)“…ing scheduled and while the hearing is pending. Utah Code Ann. § 78B-7-804(3)(c) (LexisNexis 2022). 2. That subse…”
- Jakeman v. State of Utah (District Court, D. Utah 2025)“…ation. Five permanent “continuous protective orders” under Utah Code §78B-7-804 were issued involving Plaintiff’s five…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Utah Code, Title 76: Criminal Offenses
§ 76-5-108Violation of protective order.In force
(1) Terms defined in Section 76-1-101.5 apply to this section. (2) An actor commits violation of protective order if the actor: (a) is the respondent or defendant subject to a protective order, child protective order, ex parte protective order, ex parte child protective order, or foreign protection order issued under, or for the purposes of Subsection (2)(a)(i), enforceable under: (i) Title 78B, Chapter 7, Part 3, Uniform Interstate Enforcement of Domestic Violence Protection Orders Act; (ii) Title 78B, Chapter 7, Part 6, Cohabitant Abuse Protective Orders; (iii) Title 78B, Chapter 7, Part 8, Criminal Protective Orders; or (iv) Title 80, Utah Juvenile Code; and (b) intentionally or knowingly violates that order after having been properly served or having been present, in person or through court video conferencing, when the order was issued. (3) A violation of Subsection (2) is a class A misdemeanor, except as a greater penalty may be provided in Title 77, Chapter 36, Cohabitant Abuse Procedures Act.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at le.utah.gov
Cited in 27 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Pence (Court of Appeals of Utah 2018, 437 P.3d 475)“…nt related to events that took place in September 2014. See Utah Code Ann. § 76-5-108 (LexisNexis Supp. 2014). Prior to trial…”
- State v. Ekstrom (Court of Appeals of Utah 2013, 750 Utah Adv. Rep. 5)“…ent misconstrues the elements of aggravated assault. { 11 Utah Code section 76-5-108 provides in part, (1) A person commit…”
- State v. Jensen (Court of Appeals of Utah 2003, 478 Utah Adv. Rep. 21)“…a protective order, a class A misdemeanor, in violation of Utah Code Ann. § 76-5-108 (1999). We reverse and remand for a ne…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
United States Code Title 18
§ 922Unlawful actsIn forcecited in 72 of our articles
It shall be unlawful— for any person— except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms, or in the course of such business to ship, transport, or receive any firearm in interstate or foreign commerce; or except a licensed importer or licensed manufacturer, to engage in the business of importing or manufacturing ammunition, or in the course of such business, to ship, transport, or receive any ammunition in interstate or foreign commerce; for any importer, manufacturer, dealer, or collector licensed under the provisions of this chapter to ship or transport in interstate or foreign commerce any firearm to any person other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, except that— this paragraph and subsection (b)(3) shall not be held to preclude a licensed importer, licensed manufacturer, licensed dealer, or licensed collector from returning a firearm or replacement firearm of the same kind and type to a person from whom it was received; and this paragraph shall not be held to preclude an individual from mailing a firearm owned in compliance…
Official text (excerpt) · last checked 2026-09-16 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 40,024 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Section 922(g)(1) bars a felon from possessing a firearm, and the Supreme Court cases in this line turn on sentencing, not on the ban. Taylor v. United States (1990) and Shepard v. United States (2005) held that whether prior convictions enhance a 922(g) sentence under 924(e) is decided from offense elements and limited plea records.
Opinions citing this section in our collection:
- United States v. Booker (Supreme Court of the United States 2004, 543 U.S. 220)“…e Johnson with one crime (say, illegal gun possession, see 18 U. S. C. § 922 (g)) and Jackson with another (say, ban…”
- Almendarez-Torres v. United States (Supreme Court of the United States 1998, 523 U.S. 224)“…cidivism an offense element in such circumstances. But cf. 18 U. S. C. § 922 (g)(1) (prior felony conviction an elem…”
- Taylor v. United States (Supreme Court of the United States 1990, 495 U.S. 575)✓Taylor pleaded guilty to felon-in-possession under 18 U.S.C. § 922(g)(1) and had two Missouri burglary convictions; the Court held that 'burglary' in the § 924(e) enhancement attached to a § 922(g) conviction means generic burglary judged by the prior statute's elements.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Can You Become an ICE Agent with a Criminal Record? (2026 Guide), How Long Does a Felony Stay on Your Record? (2026), Supreme Court Limits the Federal Gun Ban on Marijuana Users (Hemani, 2026)
Utah Code, Title 77: Criminal Procedure
§ 77-36-1.1Enhancement of offense and penalty for subsequent domestic violence offenses.In force
(1) As used in this section: (a) (i) "Convicted" means a conviction by plea or verdict of a crime or offense. (ii) "Convicted" includes: (A) a plea of guilty or guilty with a mental condition; (B) a plea of no contest; and (C) the acceptance by the court of a plea in abeyance under Title 77, Chapter 2a, Pleas in Abeyance, regardless of whether the charge is subsequently reduced or dismissed in accordance with the plea in abeyance agreement. (iii) "Convicted" does not include an adjudication in juvenile court. (b) "Offense against the person" means commission or attempt to commit an offense under Title 76, Chapter 5, Part 1, Assault and Related Offenses, Part 2, Criminal Homicide, Part 3, Kidnapping, Trafficking, and Smuggling, Part 4, Sexual Offenses, or Part 7, Genital Mutilation, by one cohabitant against another. (c) "Property damage offense" means the commission or attempt to commit an offense under Section 76-6-106 or 76-6-106.1 by one cohabitant against another.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at le.utah.gov
Cited in 4 court opinions in our collectionLatest citing opinion in our collection: 2022
Opinions citing this section in our collection:
- State v. Tarnawiecki (Court of Appeals of Utah 2000, 397 Utah Adv. Rep. 13)“…fendant that she was subject to a felony enhancement under Utah Code Ann. § 77-36-1.1 (1997) because she had violated the pr…”
- State v. Mooers (Court of Appeals of Utah 2015, 799 Utah Adv. Rep. 16)“…icitly treat a plea in abeyance as a conviction. See, e.g., Utah Code Ann. § 77-36-1.1(3) (LexisNexis 2012) (providing that ‚a…”
- State v. Redden (Court of Appeals of Utah 2022, 505 P.3d 1146)“…State v. Redden committed on October 9, 2019. Relying on Utah Code section 77-36-1.1(2)(c)(ii)(B), which applies when “the i…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
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Sources and References
- Utah Code 78B-7-601 through 78B-7-609 (Cohabitant Abuse Protective Orders)(le.utah.gov).gov
- Utah Code 76-5-108 (Violation of a Protective Order)(le.utah.gov).gov
- Utah Courts, Protective Orders self-help(utcourts.gov).gov
- Utah Code 78B-7-606 (Expiration - Extension of a cohabitant abuse protective order)(le.utah.gov)
- Utah Code 78B-7-701 (Ex parte civil stalking injunction - Civil stalking injunction)(le.utah.gov)
- Utah Code 77-36-1.1 (Sentencing enhancement for domestic violence offenses)(le.utah.gov)
- Utah Code 78B-7-804 (Sentencing and continuous protective orders for a domestic violence offense)(le.utah.gov)
- Utah Code 78B-7-607 (Penalties for violating a protective order)(le.utah.gov)
- Utah Code 78B-7-604 (Hearings on a cohabitant abuse protective order)(le.utah.gov)