What Does A Protection Order Not Do?
A lot of people think when going into a protective order that they can ask for possession of the home, car, certain items, or properties. The judge signing the protective order does not have the authority or the jurisdiction to order that those things be distributed. There is usually a whole host of things that need to be addressed in another court, so that the parties can still make sure that the bills are paid and the children are fed.
What Are The Different Types Of Protective Orders Available In Utah?
In Utah, we have the civil protective order, which comes from the District Court. It is typically between spouses or other domestic relationships. While the order is civil, it does have criminal ramifications if you were to violate it. Violating a protective order is of the most serious misdemeanors in this state. We also have the criminal protective order, which is issued in a criminal case to protect alleged victims of crimes. It is issued at the jail and followed up by the criminal court judge. Then, we have the child protective order. Parents can go to the juvenile courts in Utah and seek a protective order on behalf of their children in cases of excessive discipline.
Will There Be A Hearing For A Protective Order? What Can I Expect To Happen At The Hearing?
In most protective orders, there will be a hearing. The party seeking the order can go in and file the paperwork with the court and get, if there is enough evidence, a one person protective order. They have the judge sign it and then that will be served on the respondent. It will be scheduled for hearing within 14 days, in order for the other party to be heard.
At the hearing, the judge will ask if the parties still want the protective order and if there is any resolution to any kind of negotiations. If none can be reached then the judge will take evidence and hear testimony from the person requesting the protective order and the party defending the protective order.
Will I Need To Testify In Court For A Protective Order?
Most of the time, the parties requesting or defending a protective order will have to testify to justify their position as to why it should or should not be entered.
For more information on Powers Of A Protective Order In Utah, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (801) 554-5220 today.