A protective order—also known as a stay away order of protection, an order of protection, or a restraining order—is an order from the court requiring spouses in the divorce process (or other intimate partners) not to come within a specified distance of the other spouse, not to harass the other spouse, and not to contact the other spouse by phone, e-mail, text, or otherwise. A protective order may also order the spouse against whom it is issued not to carry a firearm—even if the spouse is licensed to do so.
Under some circumstances a court may issue an ex parte (pronounced x-par-tay) temporary protective order that is in effect for a certain number of days. An ex parte protective order is issued in an emergency situation without notice to the other spouse and an opportunity for the other spouse (and the spouse’s lawyer) to respond to the application for a protective order.
When the spouse or intimate partner is served with the ex parte temporary protective order it will include notice of the hearing date on which the court will consider the application for the more permanent or full order of protection.
Laws regarding protective orders and the circumstances under which they may be issued vary from state to state but are generally based on proof of family or dating violence, domestic abuse, stalking, harassment, sexual abuse, or sexual assault. These laws are usually located in a state’s statutes—often in the family code or domestic relations code.
In Utah, a protective order, also known as a restraining order, is a legal directive issued by a court to protect individuals from abuse or harassment during divorce proceedings or within intimate relationships. Utah law allows for the issuance of ex parte temporary protective orders in emergency situations without prior notice to the other party, which remain in effect for a short period until a hearing can be held. At the hearing, the court will determine whether to grant a more permanent protective order. These orders can include provisions that prohibit the respondent from approaching or contacting the petitioner, as well as restrictions on firearm possession, even if the respondent has a license to carry a firearm. The issuance of protective orders in Utah typically requires evidence of domestic violence, abuse, stalking, harassment, sexual abuse, or sexual assault. The relevant statutes can be found in Utah's family code or domestic relations code, and they are designed to provide immediate and long-term protection for victims of such offenses.