Protective orders, also known as restraining orders, are commonly filed in Utah in family law matters, particularly in connection with divorce actions or paternity disputes. They are designed to prevent imminent harm or threats to a person’s safety.
Temporary protective orders are typically issued immediately by the Court Commissioner, with a hearing scheduled within 14 days of filing.
The petitioner (the person requesting the order) is not required to provide notice of evidence or witnesses, while the respondent (the person served) must appear at the hearing to present their response and evidence.
Protective orders are governed by Utah Code § 78B-7-102 et seq. To obtain a protective order, the court evaluates factors such as past incidents of violence, threats, harassment, or the likelihood of future harm.
Protective orders generally remain in effect for three (3) years, unless modified or dismissed early by the court upon motion.
Carolyn’s Protective Order Services
Carolyn can represent clients in all aspects of protective order litigation, including:
Filing a Protective Order / Restraining Order
When needed:
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When there is a credible threat of harm, harassment, stalking, or domestic violence
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When immediate protection for safety, home, or children is necessary
Carolyn’s role:
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Filing the petition and all required documents;
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Preparing evidence and witness testimony;
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Representing clients at temporary and full hearings;
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Ensuring proper notice and compliance with statutory requirements.
Court factors considered:
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Evidence of past violence, threats, or harassment;
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Credibility of petitioner and witnesses;
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Likelihood of future harm;
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Any ongoing safety risks for the petitioner or children.
Defending Against a Protective Order
When needed:
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If a client is served with a protective order and disputes the allegations;
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To preserve parental access, employment, background, or civil rights.
Carolyn’s role:
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Responding to petitions and filing legal defenses;
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Presenting evidence and witnesses at hearings;
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Negotiating exceptions, such as allowing parent-time or limited contact;
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Challenging evidence or credibility of petitioner, if appropriate.
Court factors considered:
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Whether the respondent poses a credible threat to the Petitioner;
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Past history between parties including history of domestic violence;
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Evidence supporting or refuting the petitioner’s claims;
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Impact on children and family dynamics.
Filing a Motion to Dismiss a Protective Order Early (Before 3 Years)
When needed:
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If circumstances have changed making the order unnecessary;
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If the petitioner no longer fears harm or has violated the order.
Carolyn’s role:
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Preparing and filing the motion to dismiss;
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Presenting evidence of changed circumstances;
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Arguing legal and factual grounds for dismissal;
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Representing the client at the hearing for early termination of the order.
Court factors considered:
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Whether the petitioner still fears harm from the respondent;
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Respondent’s compliance with protective order provisions;
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Changes in the relationship or circumstances between parties;
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Any ongoing risk to the petitioner or children.
Summary
Carolyn provides comprehensive representation in protective order matters. She can:
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File protective orders for clients who need immediate safety measures
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Defend clients against protective orders that are improperly filed or contested
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File motions to dismiss protective orders before the three-year period, when appropriate
Her experience, knowledge of Utah statutes, and courtroom expertise allow her to navigate emotionally charged cases, protect her clients’ rights, and achieve practical, effective outcomes in protective order cases, having represented dozens of clients in protective order matters.
Carolyn has represented numerous clients in protective order proceedings and understands the evidentiary standards required to meet—or challenge—the burden of proof in these cases.