Getting a protective order in Utah: Quick overview
Domestic violence is not something to be taken lightly. You could take legal action if you have been threatened or abused by a cohabitant (could refer to your partner or spouse). It is important to understand that domestic violence is more than just physical abuse in Utah. It could also refer to an attempt to commit abuse or violence. If you are dealing with such a situation, you need to contact a reliable Sandy domestic violence lawyer to know your rights. Here’s an overview of domestic violence laws in the state.
Examples of domestic violence
Cases of domestic violence often involve aggravated assault, criminal homicide, stalking, harassment, harassment over electronic communication, and aggravated kidnapping. You may also have a valid case if your spouse is causing mayhem or has committed a sexual offense. Other charges under domestic violence laws include unlawful detention of a minor, possessing a deadly weapon with the intention to assault, and child abuse.
Getting a protective order
If you are in danger or want protection against an abusive cohabitant, you can talk to your attorney and get a protective order. This kind of order is also called a restraining order, and it would direct the defendant to stay away from you. The court will typically issue a pre-trial protective order, which will prevent the other side from committing or threatening to commit domestic violence. The order will remain in effect until the trial. You can also get an “ex parte” order, which doesn’t require the defendant to be present in court for the first hearing. Such orders come to effect immediately, and hearings are usually scheduled within 20 days. In some cases, the court may delay the hearing for up to 180 days.
Call an attorney
Getting a protective order is not always easy, and in some cases, it may require considerable work. The good news is you can expect your spouse or cohabitant to stay away once the protective order has been issued. Your attorney can guide you on the right steps and can take care of the paperwork required to process your request. They will also demonstrate to the court how your life is in danger and why the protective order should be issued.
Don’t let someone abuse you in any manner, no matter how close you are to them. You need to take action and let the law take its own course. An attorney can help you understand the complicated domestic violence laws and get a protective order.