[COURT SEAL]

UTAH DISTRICT COURT – FAMILY DIVISION

[COUNTY] COUNTY, STATE OF UTAH

DOMESTIC VIOLENCE PROTECTION ORDER

(UTAH CODE ANN. §§ 78B-7-101 et seq.; 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

[// GUIDANCE: Sections VII–IX are adapted to a court order context; contract-style clauses that do not apply are expressly omitted or tailored.]

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 pursuant to Utah Code Ann. §§ 78B-7-102(1) and (2) 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 District Court, Family Division, presiding over this matter.

“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

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. Immediate Surrender. Respondent SHALL, within 24 hours of service of this Order, surrender all Firearms and ammunition in Respondent’s possession, custody, or control to [LAW ENFORCEMENT AGENCY], and SHALL file proof of surrender with the Court within 48 hours thereafter.
 b. Prohibition. Respondent is PROHIBITED from purchasing, possessing, or attempting to obtain any Firearm or ammunition for the duration of this Order.

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].

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.

3.8 Duration. This Final Protective Order remains in force for [3 years] unless modified or dismissed by further order of this Court.

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(2).
 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. Document Surrender. Respondent SHALL deliver any licenses to carry firearms to the issuing authority within 24 hours of this Order.

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 Monitoring & Compliance. Law-enforcement officers are authorized to conduct random compliance checks regarding firearms surrender and Stay-Away provisions.

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

VI. DEFAULT & REMEDIES

6.1 Criminal Penalties. A knowing violation of this Order constitutes a Class A misdemeanor under Utah Code Ann. § 78B-7-205(2) and may be prosecuted without further notice to Respondent.

6.2 Contempt & Civil Penalties. Independent of criminal sanctions, the Court may hold Respondent in contempt, impose fines up to $1,000 per violation, and/or order incarceration up to 30 days for each violation.

6.3 Immediate Law-Enforcement Action. Upon probable cause to believe Respondent has violated any provision, any peace officer SHALL arrest Respondent pursuant to Utah Code Ann. § 77-36-2.4.

6.4 Attorneys’ Fees & Costs. In any civil contempt proceeding or motion to enforce, the prevailing party SHALL be entitled to reasonable attorneys’ fees and costs.

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 Forum Selection. Exclusive jurisdiction for any motion to modify, extend, or enforce this Order lies with the Utah District Court, Family Division, [COUNTY] County.

8.3 Modification & Termination. Either party may file a sworn motion to modify or dismiss in accordance with Utah Code Ann. § 78B-7-104(7). The Order remains fully enforceable until the Court enters a subsequent written order.

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:
 ☐ Hand-delivered  ☐ Mailed  ☐ E-mailed
to: [Respondent / Respondent’s Counsel] on [DATE].

[NAME], Court Clerk / Deputy Sheriff

[// GUIDANCE:
1. Replace bracketed text with case-specific information.
2. Utah practice typically uses a two-part order (Ex Parte + Final). This template is for the Final Protective Order; omit Sections 3.4–3.6 if not requested.
3. To shorten or extend the Order’s duration, edit Section 3.8 consistent with Utah Code Ann. § 78B-7-106.
4. Ensure firearms surrender logistics (Section 3.3) align with local law-enforcement policy.
5. File NCIC entry immediately upon judge’s signature to guarantee interstate enforceability.]