Utah Ex Parte Child Protective Order

State:
Utah
Control #:
UT-SKU-0606
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PDF
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Description

Ex Parte Child Protective Order

A Utah Ex Parte Child Protective Order is a type of restraining order designed to protect a child from imminent danger or harm. It is issued when the court finds that a child is in immediate danger of abuse, neglect, or exploitation, and that no other order is able to protect the child in the short-term. There are two types of Utah Ex Parte Child Protective Orders. The first type is an Ex Parte Order of Protection, which is issued without the knowledge of the other party. This type of order is used to protect a child from an imminent threat of abuse, neglect, or exploitation. The second type is an Ex Parte Order of Custody, which grants temporary custody of a child to the petitioner until a hearing can be held to determine permanent custody.

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FAQ

As a first offense, violating a protective order is treated as a misdemeanor crime. It is punishable by up to a year in the county jail, or a fine of up to $1,000, or both. In domestic abuse situations, a protective order may be violated repeatedly. A subsequent violation of a protective order is a felony offense.

Violation of protective order. intentionally or knowingly violates that order after having been properly served or having been present, in person or through court video conferencing, when the order was issued.

If the victim violates the order, there are no criminal penalties as the victim is not the one legally bound by the order. However, no-contact and other protective orders often come with both civil and criminal components.

Per Utah Code of Criminal Procedure §77-36-2.4, an alleged perpetrator faces criminal charges if he or she knowingly or intentionally violates an ex parte protective order or protective order.

Consequences of a Violation Usually, violation of a protective order is a Class A misdemeanor in Utah, with penalties including up to one year in jail and a fine of up to $2,500. Protective order violations are considered crimes comparable to negligent homicide or assaulting a police officer.

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.

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.

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Utah Ex Parte Child Protective Order