Temporary Restraining Order Form For Child Custody In Utah
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FAQ
To address the immediate needs of the children involved, a motion for temporary custody is filed to establish a temporary arrangement until a final custody agreement is reached.
Once you turn in your request, a judge will decide quickly whether to grant temporary protection. The whole process can take a few weeks to months, depending on how complicated your case is. If the judge grants you a long-term restraining order, it can last up to five years.
How long the order lasts. If the protective order was issued after then the civil provisions of the protective order generally last 150 days unless the court finds good cause for extending the expiration date. The criminal provisions of the protective order will typically expire after three years.
If involving an attorney is not desirable or affordable, one can file their own petition for temporary custody with the clerk of court. There is usually a self-help desk at the Clerk of Court, or you can find the forms online.
What is the New Child Custody Law in Utah? Utah's new child custody law, which went into effect on , is called the "Equal Parent-Time Schedule." This law allows parents to share equal physical custody of their children unless there is a reason why this would not be in the children's best interests.
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.
Lack of Jurisdiction The respondent can argue that the court does not have jurisdiction to issue a restraining order. This defense can be raised, for instance, if the alleged incidents of domestic violence or harassment did not occur within the jurisdiction of the court.
A significant change in circumstances, such as improved behavior, completion of anger management or counseling programs, or evidence that the risk of violence has diminished, may provide grounds for seeking the dismissal of a restraining order.
Permanent protective order - These orders are issued after the court has gone through all the legal proceedings and reviewed all evidence. Permanent protective orders can be life-long standing orders that the accused person must obey.
California law defines abuse as any act that puts you, your children, or another person in immediate fear of injury, as well as any act that causes harm to you or your property. If such harm exists, you can file a request for an order to keep the abuser away.
