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Interim Order For Injunction In Salt Lake
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State:
Multi-State
County:
Salt Lake
Control #:
US-000299
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Word;
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FAQ
Stalking penalties vary by state. Penalties can increase for repeated stalking offenses. Many first-time offenders are charged with a misdemeanor. Common punishments for misdemeanor stalking include fines of up to $1,000, up to one year in jail, and an order of protection against contacting the alleged victim.
The civil stalking injunction will be in effect for three years from the date of service of the temporary injunction.
Generally, a record of a lawsuit is a permanent public record. This means it never goes away. However, records of some civil protective order and civil stalking injunction cases can be expunged. Expunged records are sealed and the case is considered to never have happened.
The criminal penalties for this crime can be very serious. If the person is convicted of stalking for the first time, the crime is considered a Class A Misdemeanor, which carries with it a possible penalty of jail time up to one year and/or a fine up to $2,500. (See Utah Code 76-5-106.5(6)).
78B-7-703. Violation. A violation of an ex parte civil stalking injunction or of a civil stalking injunction issued under this part constitutes the criminal offense of stalking under Section 76-5-106.5 and is also a violation of the civil stalking injunction.
Restraining orders can be very broad and may restrict all kinds of behaviors. From contacting the other party to any other behavior that might affect the case, a restraining order can be applied. Protective orders apply mostly to violent or threatening behavior and seek to protect petitioners from future harm.
Courts impose restraining orders, and court records are generally public, barring a few exceptions. This means that everything heard in a court that is “on the record” could be searched for by the public. A hearing on a restraining order and the ruling of the court are likely parts of public record.
You can get a stalking injunction against anyone who is stalking you regardless of your relationship to that person. 1. Unlike a protective order, it does not limit the individuals you can file an order against.
A permanent criminal stalking injunction limiting the contact between the actor and victim may be filed in ance with Section 78B-7-902.
The civil stalking injunction will be in effect for three years from the date of service of the temporary injunction.
More info
If the court finds there is a good reason for granting the injunction, the court will issue a temporary order. This is called an "ex parte" order.How a protective order is issued. Step 1 – Petitioner fills out the required forms and files them with the court. Learn more about how to to serve civil papers relating to judicial actions filed with the court in Salt Lake County. The ex parte civil stalking injunction shall be served on the respondent within 90 days after the day on which the ex parte civil stalking injunction is signed. The applicant must establish a justiciable cause of action in order to obtain an injunction. If the claimant has a substantive cause of action, his application for interlocutory relief in the nature of an injunction is maintainable. Interim injunctions are intended to prevent injustice pending trial. An interim injunction is a pretrial form of relief.