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Restraining Order Template Without Consent In Salt Lake
Category:
State:
Multi-State
County:
Salt Lake
Control #:
US-000299
Format:
Word;
Rich Text
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FAQ
Utah Restraining Orders assault or aggravated assault; criminal homicide; harassment; electronic communication harassment; kidnapping, child kidnapping, or aggravated kidnapping; mayhem; propelling a bodily substance or material;
If the judge or referee believes you have adequately established the elements of a restraining order (more on that below), it can issue a temporary restraining order. If the order is issued without notifying the other person, it's called an ex parte order.
You can sue anyone for anything, but to win you'll need significantly more than an allegation that they filed a restraining order that was not made permanent. Your most likely claim would be abuse of process and that would require proof that the case was filed for an improper purpose.
If the judge decides that there was abuse and that there is also a credible threat to the plaintiff's safety, a final order of protection will be granted and will last for up to one year. The plaintiff will be directed to go to the clerks counter to wait for the order.
State to the court that you would like a restraining order and what you would like the court to order. Be as specific as possible. Examples: “I am asking the court to grant me a _____ month/year injunction.” “I want no contact in person, at home, by phone, at work, by mail or through third parties.”
Individuals seek no contact orders by going to their local court in their jurisdiction or the jurisdiction of the defendant. They will need to complete a form that identifies the reason why the no contact order should be issued and the places the person wants protected.
Under California law, if your wife obtains a restraining order against you, you will be officially served with the order. This means that a process server, sheriff, or other authorized individual will deliver the documents to you in person.
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.
Stick to the facts, and provide concrete reasons why the order should be modified or terminated. For example, if you and the other party have a child together, you could state that you need the no-contact order dropped so you can communicate regarding the child's needs and arrange for visitation.
More info
This page is about how to ask for or respond to a cohabitant, dating violence or sexual violence protective order. A temporary restraining order (TRO) is a short-term emergency order.To request one, you must already have an open case on file with the court. A court may grant the following relief in a cohabitant abuse protective order or a modification of an order after notice and hearing. Protective orders seek to shield alleged victims from future violence, while restraining orders can apply to a wide variety of non-violent actions. Some of the following forms are available in PDF and Word. Some of the PDF forms can be easily filled out and printed. Fill-in-the-blank forms are on this website linked below or contact a victim advocate. No other action, criminal or civil, needs to be taken against the alleged stalker. Your motion could be dismissed if your motion papers do not include the Notice to Plaintiff.