Domestic Violence Protection Order - Utah

Before use: Utah courts issue a cohabitant abuse protective order on the form adopted by the Administrative Office of the Courts. Transfer proposed terms to that form for the court's decision; this draft has no effect unless incorporated into an issued order.

[COURT SEAL]

UTAH DISTRICT COURT

[COUNTY] COUNTY, STATE OF UTAH

DOMESTIC VIOLENCE PROTECTION ORDER

(Utah Code Ann. §§ 78B-7-601 et seq. — Cohabitant Abuse Protective Orders; 18 U.S.C. § 2265)

Case No.: [___]
Judge: Hon. ☐
Effective Date: ☐, 20☐

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
IV. Findings, Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation (Intentionally Omitted)
VIII. Dispute Resolution & Continuing Jurisdiction
IX. General Provisions
X. Execution Block
XI. Certificate of Service

I. DOCUMENT HEADER

1.1 Parties.
 a. Petitioner/Protected Party: [FULL LEGAL NAME] (“Petitioner”).
 b. Respondent/Restrained Party: [FULL LEGAL NAME] (“Respondent”).
 c. Minor Child(ren) (if any): [NAMES & DOBs] (“Minor Child(ren)”).

1.2 Jurisdiction & Venue. The Court exercises jurisdiction over this cohabitant abuse proceeding pursuant to Utah Code Ann. § 78B-7-602 and finds venue proper in [COUNTY] County.

1.3 Nature of Proceeding. This is a civil action seeking injunctive relief to prevent domestic violence under Utah’s Cohabitant Abuse Protective Order statutes.

1.4 Purpose & Consideration. This Order is issued to ensure the personal safety and welfare of the Petitioner and other designated protected persons. No monetary consideration is exchanged.

II. DEFINITIONS

For purposes of this Order:

“Court” means the Utah court issuing this Order.

“Firearm” has the meaning set forth in 18 U.S.C. § 921(a)(3).

“Mutual Contact” means any intentional communication, whether direct or indirect, including through third parties or electronic means.

“Protected Address” means the residence, school, workplace, or any other specifically identified location listed in Section III.

“Protected Party” collectively refers to the Petitioner and Minor Child(ren).

“Respondent” means the individual identified in Section I.

“Stay-Away Radius” means a minimum distance of [500] feet (or any greater distance ordered herein) from a Protected Party or Protected Address.

III. OPERATIVE PROVISIONS

Criminal portion — violation may be prosecuted

3.1 No Contact. Respondent SHALL NOT initiate or have any Mutual Contact with any Protected Party, except as expressly permitted in Section 3.5.

3.2 Stay-Away. Respondent SHALL maintain the Stay-Away Radius from each Protected Address, including but not limited to:
 a. Primary Residence: [ADDRESS]
 b. Place of Employment: [ADDRESS]
 c. School/Childcare Facility: [ADDRESS]

3.3 Firearms & Dangerous Weapons.
 a. Prohibition (if ordered). Upon a finding that Respondent’s use or possession of a weapon may pose a serious threat of harm to a Protected Party, the Court PROHIBITS Respondent from purchasing, using, or possessing any firearm or other dangerous weapon while this Order is in effect (Utah Code § 78B-7-603(2)(f), (3)(a)). A respondent under an order meeting all conditions of Utah Code § 76-11-303(12) is also a category II restricted person; intentional or knowing firearm possession by such a person is a state offense under § 76-11-306. Respondent shall comply with any separate lawful surrender or transfer direction in this Order: [DIRECTION, IF ANY].
 b. Federal Prohibition. If this Order was issued after notice and a hearing and contains the findings required by 18 U.S.C. § 922(g)(8), Respondent is separately prohibited under federal law from possessing any firearm or ammunition while this Order remains in effect.

3.4 Exclusive Use of Residence. Sole and exclusive use of the shared residence located at [ADDRESS] is awarded to Petitioner. Respondent SHALL remove personal effects only as arranged under law-enforcement supervision on [DATE/TIME].

Civil portion — violation may be enforced by contempt

3.5 Parenting Time (if applicable).
 a. Temporary Schedule. Supervised visitation SHALL occur each [DAY] from [START] to [END] at [LOCATION], supervised by [NAME/AGENCY].
 b. Exchange Protocol. All custodial exchanges SHALL take place at [SAFE EXCHANGE LOCATION]; Respondent SHALL remain in vehicle until notified by staff.
 c. No Telephonic/Electronic Contact outside scheduled visitation.

3.6 Support Orders (Optional). Respondent SHALL pay temporary child/spousal support in the amount of $[___] per [month/week], commencing [DATE], via the Office of Recovery Services.

3.7 Counseling. Respondent SHALL enroll in and complete a certified Domestic Violence Intervention Program within [14] days of this Order and SHALL file proof of enrollment within [21] days.

Duration and enforcement

3.8 Duration. Under Utah Code § 78B-7-606, this cohabitant abuse protective order automatically expires three years after entry unless extended on a timely qualifying motion. Its civil provisions expire after 150 days unless extended for good cause. The criminal provisions may be vacated within the first two years only under the conditions in § 78B-7-603(10). Enter the applicable expiration dates in the issued order: [CRIMINAL PROVISIONS DATE]; [CIVIL PROVISIONS DATE].

3.9 Law-Enforcement Assistance. Any Utah peace officer is empowered to enforce this Order immediately upon verification of its existence.

IV. FINDINGS, REPRESENTATIONS & WARRANTIES

4.1 Findings of Fact. After hearing testimony and reviewing evidence, the Court FINDS:
 a. Jurisdiction, venue, and notice requirements have been met.
 b. Respondent and Petitioner are “cohabitants” as defined by Utah Code Ann. § 78B-7-102(7).
 c. Respondent committed or threatened domestic violence against Petitioner on [DATE(s)].
 d. Protection of Petitioner and Minor Child(ren) requires issuance of this Order.

4.2 Representations & Warranties of Parties.
 a. Each party warrants that all information presented to the Court is true and correct to the best of their knowledge.
 b. Counsel of record represent that service requirements under Utah R. Civ. P. 4 will be met promptly.

4.3 Survival. These findings and representations survive any appeal unless reversed by a court of competent jurisdiction.

V. COVENANTS & RESTRICTIONS

5.1 Affirmative Covenants of Respondent.
 a. Compliance. Respondent SHALL strictly comply with every term herein.
 b. Notice of Address Change. Respondent SHALL notify the Court and Petitioner (via counsel) of any residential change within 48 hours.
 c. Firearms Compliance. If the Court has prohibited Respondent from possessing firearms under Section 3.3, Respondent SHALL NOT purchase, use, or possess any firearm or dangerous weapon while this Order is in effect.

5.2 Negative Covenants of Respondent. Respondent SHALL NOT:
 a. Commit or threaten any further domestic violence.
 b. Use, attempt, or threaten to use physical force that would reasonably be expected to cause bodily injury.
 c. Interfere with Petitioner’s utilities, mail, employment, or schooling.

5.3 Compliance. Respondent shall comply with the prohibitions expressly entered in this Order.

5.4 No Mutual Restraint. This Order does NOT restrain Petitioner in any manner.

VI. DEFAULT & REMEDIES

6.1 Criminal Penalties. An intentional or knowing violation of a criminal provision of this Order after service or presence when the Order was issued may be prosecuted as a class A misdemeanor under Utah Code §§ 78B-7-607(1) and 76-5-108, subject to any greater penalty provided by law.

6.2 Civil Provisions. A violation of a civil provision of this Order is contempt of court under Utah Code § 78B-7-607(2). The Court may impose relief authorized by applicable contempt law.

6.3 Law-Enforcement Action. An alleged violation of a criminal provision may be reported to law enforcement. Arrest and prosecution are governed by applicable law, including Utah Code § 77-36-2.4.

6.4 Attorneys’ Fees & Costs. Any request for fees or costs is reserved for a separate determination under applicable law.

6.5 Graduated Remedies. The Court may, upon subsequent violation, extend the duration of this Order, modify visitation, or impose any additional lawful condition to ensure safety.

VII. RISK ALLOCATION

[INTENTIONALLY OMITTED – INAPPLICABLE TO PROTECTIVE ORDERS]

VIII. DISPUTE RESOLUTION & CONTINUING JURISDICTION

8.1 Governing Law. This Order is governed by the domestic violence statutes of the State of Utah and applicable federal law, including full faith and credit mandates of 18 U.S.C. § 2265.

8.2 Continuing Proceedings. File any request concerning this Order in the court and case with jurisdiction under Utah law.

8.3 Modification & Termination. A party may request modification or vacation under Utah Code § 78B-7-603(10), or dismissal under § 78B-7-605, subject to the conditions of those sections. Section 78B-7-606 separately governs expiration and extension.

8.4 Appeals. Any appeal must be filed within 30 days of entry under Utah R. App. P. 4.

8.5 Injunctive Relief. The equitable relief herein is ongoing; monetary damages are inadequate to ensure safety.

IX. GENERAL PROVISIONS

9.1 Severability. If any provision of this Order is held invalid, the remainder shall remain in full force.

9.2 Integration. This writing constitutes the entire protective order; oral statements are unenforceable.

9.3 Service. A certified copy of this Order SHALL be served on Respondent forthwith and transmitted to the Utah Bureau of Criminal Identification for entry into the NCIC Protection Order File.

9.4 Electronic Signatures. The Court authorizes use of electronic signatures pursuant to Utah Code Ann. § 46-4-201.

9.5 Counterparts. This Order may be executed in counterparts, each of which is deemed an original.

X. EXECUTION BLOCK

SO ORDERED this [DATE] day of [MONTH], 20☐.

_____________________________________
Hon. [NAME], District Court Judge

[COURT SEAL]

ACKNOWLEDGMENT BY RESPONDENT

I, [RESPONDENT NAME], acknowledge receipt of this Order, understand its terms, and agree to comply fully.

Date: [___]  Signature: ______________________________

XI. CERTIFICATE OF SERVICE

I certify that a true and correct copy of this Domestic Violence Protection Order was personally served on Respondent by [SHERIFF / SERVING LAW-ENFORCEMENT AGENCY] on [DATE/TIME] at [PLACE].

_____________________________________
[NAME], Court Clerk / Deputy Sheriff