What Happens After A Judge Signs A Protective Order?
Once the judge signs a protective order, a copy is given to all the parties. The party whom the order is against has to be served a copy before it puts them under the authority of the court.
How Long Does A Restraining Order Or A Protective Order Actually Last In Utah?
The protective order, in a criminal case, will potentially last as long as the court has jurisdiction over the defendant. If they are on probation, it can go for up to three years. A civil protective order be for up to three years as well, but some of the provisions drop off after about 150 days.
Is There A Possibility To Plead Your Case And Have Your Protective Order Dropped?
In a domestic violence case, it is difficult to get a protective order dropped because the defendant doesn’t want to say things that would incriminate themselves. However, the court will give the respondent the opportunity to plead their case, explain why the facts are not true, present counter-evidence, counter documentation, and counter witnesses, and it can be dropped. There are also times where the person who has the protective order isn’t following the terms of the order. They may be contacting the respondent. That respondent could go into court, with documentation, and tell the judge that the victim clearly no longer wants or needs the protective order.
What Happens If I Violate A Protection Order?
For a civil protective order, a person can be found in contempt of court for violating the order, meaning they could be fined and given jail time or community service. As for a criminal protective order, the first violation is a Class A misdemeanor, which can result in one year in jail. A second violation of a protective order is a third degree felony, punishable by up to five years in prison and loss of your civil rights to carry weapons and ammunition.
Can Someone Ever Have A Protective Order Expunged Or Removed From His Or Her Record?
Typically, in Utah, protective orders do not go on your permanent record. They are only a part of the court record. If you were applying for a job, potential employer wouldn’t find a protective order on your background check. They would have to search every court in the state to find it. If you violated a protective order and got a criminal charge for the violation, that conviction can be expunged after a certain period of time, if you fulfill certain requirements.
Additional Information On Protective Orders In Utah
The issuing of a protective order in a domestic violence case is very important. These orders have very serious ramifications. They can affect people’s jobs and their whole lives. You can have a Class C domestic violence charge, which is the lowest of the misdemeanors. A judge could order a protective order to prevent you from going to go your residence and a violation of that would be a Class A misdemeanor, which is much more serious than the original charge. It’s very important for people to take protective orders seriously and talk to an attorney about them.
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