A Utah Modified Temporary Protective Order (MTO) is a court order issued by a judge in Utah that is designed to protect a victim from domestic abuse, stalking, harassment, or other forms of violence. It can be issued to someone who is a family or household member of the victim, or even someone who is not related but is living in the same residence. The order can last for up to one year, or until the court grants a permanent protective order. The MTO prohibits the respondent from having any contact with the petitioner, or any other person named in the order, and also requires the respondent to stay away from the petitioner's residence or workplace. It may also contain other provisions, such as prohibiting the respondent from possessing a firearm or ordering the respondent to pay child or spousal support. There are two types of Utah Modified Temporary Protective Orders: ex parte orders and contested orders. An ex parte order is issued without a hearing, and is generally granted if the court finds that the petitioner is in immediate danger. A contested order is granted after a hearing in which both sides present evidence.
Utah Modified Temporary Protective Order
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How to fill out Utah Modified Temporary Protective Order?
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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.
Expiration -- Extension. The civil provisions of a cohabitant abuse protective order described in Section 78B-7-603 expires 150 days after the day on which the cohabitant abuse protective order is entered, unless the court finds good cause for extending the expiration date of the civil provisions.
Private Records Only the parties, their lawyers and a few others can view and copy the record. A few examples of private records include: Petition for divorce. Request for protective order.
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.
While no-contact orders restrict contact between these two parties, the defendant's behavior is usually restricted, not the victim's. Most orders require that the defendant stay away from the victim and cease all contact, including phone calls, text messages, and social media messages.
Getting a Utah No-Contact Order Dismissed When a no-contact order is issued against the wishes of the victim, the most effective way to attempt to remove it is to seek the help of knowledgeable Salt Lake City lawyers. A criminal defense attorney can file a motion with the court and petition to have the order dismissed.
If the judge or commissioner signs the order, it becomes a TRO. If the judge or commissioner signs the order, they will schedule a hearing as soon as possible. The TRO can last no more than 14 days.
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.