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Who can get a protective order in Utah?

Utah law provides that any cohabitant who has been subjected to abuse or domestic violence, or to whom there is a substantial likelihood of abuse or domestic violence, may seek a protective order.  In many circumstances, a person may qualify as a "cohabitant" even if he or she has never lived with the other person.  A "cohabitant" is defined under Utah Code Sec. 78B-7-102 as including any person who: resides or has resided in the same residence as the other party; is or was the spouse of the other party; is or was living as if a spouse of the other party; has one or more children in common with the other party; is related by blood or marriage to the other party; or is the biological parent of the party's unborn child.

Protective orders are often sought in divorce and other family law cases involving domestic violence or abuse.  For assistance in obtaining a protective order, or in defending against allegations that have been against you relative to a protective order, it is important to have an experienced Utah attorney on your side.

A person who does not meet the statutory requirements necessary to qualify as a cohabitant may still obtain similar protection under Utah law by petitioning the court for a civil stalking injunction.  While a civil stalking injunction is typically valid for no more than three years from the date it is served on the respondent, violation of a civil stalking injunction still carries criminal penalties similar to those for violating a protective order.

Based in Salt Lake City, our family and domestic law attorneys are pleased to offer legal services to clients throughout Utah.  Contact us today to schedule an initial consultation.

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Canyons Law Group, LLC | 952 S. Main St., Suite A | Layton, UT 84041

by Stephen W. Howard, P.C.

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