Utah Order On Request To Dismiss Or Vacate Protective Order is a legal order issued by a court in the state of Utah to terminate or void a protective order. This order is issued upon request from either the petitioner or respondent in a protective order case. There are two types of Utah Order On Request To Dismiss Or Vacate Protective Order: (1) Dismissal Order, which terminates the protective order without prejudice; and (2) Vacate Order, which voids the protective order and restores the parties to their pre-order status. In both cases, the court will review the request, consider the relevant evidence, and make a ruling. The court may also order certain conditions in order to protect the safety of the parties involved.
Utah Order On Request To Dismiss Or Vacate Protective Order
State:
Utah
Control #:
UT-SKU-0617
Format:
Word
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Order On Request To Dismiss Or Vacate Protective Order
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FAQ
A violation of the order of protection can be charged as a separate misdemeanor under CRS 18-6-803.5. The crime is punishable by up to 18 months in jail and a $5,000 fine. Often, an alleged victim fabricates a protection order violation in order to have someone arrested.
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.
Utah No-Contact Order Violation Consequences Contacting a victim from jail if an order in place is a Class B misdemeanor, that may be penalized by up to six months in jail and a fine of up to $1,000.
If you believe the protection order was granted improperly or that it is no longer needed, you can file a motion asking the court to ?dissolve? (terminate or cancel) the protection order. After you file the motion, the court will decide whether or not to schedule a hearing.
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.
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.
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.