Restraining Order Form For Texas In Utah
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FAQ
Protection orders are generally in place when there is no pending criminal case. However, in many cases, a person will seek a protection order prior to a situation where law enforcement gets involved. Then, later, when a criminal act occurs a no contact order is then requested by the prosecutor.
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;
Restraining orders are more general and can apply to a variety of behaviors. Protective orders are more tailored to violent behavior and are designed to prevent violence against victims. In either case, your freedoms will be restricted and you should challenge these orders with the help of an attorney.
After the hearing, a judge can issue a protective order that lasts up to 18 months, and can later be renewed after a hearing in front of a judge. The parts of the protective order that tell the abuser to not abuse, harass, or interfere with you can last forever.
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.
Requirements for a protective order for domestic violence to be issued include establishing that family violence has occurred and is likely to occur again without such an order. The burden of proof for this involves what's known as a “preponderance of evidence” favoring the accuser.
The specific elements you need to prove to get a restraining order vary from state to state, but in general, you need to show: A specific instance or instances of abuse or harassment (such as sexual assault by an intimate partner) The threat of violence or of further abusive behavior or harassment.
They are similar. The difference: Protective orders apply if you are in a family-like or intimate relationship or if sexual assault has occurred; peace orders apply to all other relationships. Think neighbor, stranger, co-worker.
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.”
If a judge believes an alleged abuser presents a clear and present danger of family violence, the judge can issue a temporary ex parte order for immediate protection. That often prohibits the alleged abuser from contacting the apparent victim. Such orders often last for 20 days, after which they can be renewed.
