How to Avoid Utah Protective Order Violations
A single Utah protective order violation can have dire consequences. Find out how to avoid protective order violations from David Paul White here.
Law Offices of David Paul White & Associates
Salt Lake City801-266-4114
St. George801-266-4185
Murray801-266-4185
699 East South Temple Suite 215 Salt Lake City, UT 84102
141 East 5600 South, Suite 209 Murray, UT 84107
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Utah Protective order violations carry serious consequences.

In fact, you can be arrested for a violation without a warrant, based solely on the statement of the order’s petitioner (the person whom the order protects). If the accusations are substantiated, you may face fines, jail time and other penalties.

Utah Protective Order

A Utah order of protection, issued when someone fears for his or her safety, is similar to what many other states call restraining orders. The terms and procedures for Utah protective orders are laid out in Title 77, Chapter 36, Section 2.4 of the Utah Criminal Code.

Once the individual petitions the court for an order of protection, a hearing is held before a judge. A temporary order may be approved in the meantime, if the court believes the threat is significant enough to warrant it.

Orders of protection can be issued for short-term, long-term or permanent applications, and each order is customized to fit the situation. It may prohibit you from coming near the petitioner, his or her home or school, or harassing him or her in any capacity.

The order can grant the petitioner temporary custody of children or possession of the home. It may even prevent you from possessing a firearm during the course of the protective order.

What Constitutes a Protective Order Violation?

If the order of protection involves domestic partners, domestic violence or stalking, law enforcement officers have the obligation to arrest you if they have probable cause to believe you have violated the directive.

If you have been prohibited by a protective order from going to your home or seeing your children, attempting to do either constitutes a violation. This is an extremely difficult situation for most clients to handle, and understandably so.

But even a first violation carries dire consequences.

Legal Implications of Protective Order Violations

If you are arrested for a protective order violation in Utah, you could face imprisonment of up to one year as well as significant fines.

Your probation or parole may be revoked, especially if the order of protection was a condition of your release. The judge likely will refuse to grant bail as well, forcing you to remain in jail until your hearing. You also will be stripped of your right to use or possess a firearm for the rest of your life.

Subsequent violations carry even harsher penalties.

To avoid any potential problems with protective order violations, you may wish to dispute the order. This is especially important if any of the order’s terms are unfair. This is not typically a simple process, but it can be accomplished in many scenarios.

The Law Offices of David Paul White & Associates, serving clients throughout the Salt Lake City area, understand the challenges that can result from overly restrictive orders of protection. Our extensive experience in Utah criminal defense offers you the best possible chance at a favorable outcome, no matter what type of charges you may face.

Contact our St. George or Murray office today to learn more about how we can assist you in dealing with a Utah protective order violation.

Contact our St. George or Murray office today to learn more about how we can assist you in dealing with a Utah protective order violation.

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About Associates

The Law Offices of White & Matern, PLLC represent individuals across the Intermountain West and Utah in criminal defense matters, including those in Salt Lake County and Washington County as well as the cities of Salt Lake City, St. George, Logan, Brigham City, Provo, Orem, West Valley City, Sandy, Murray, Kearns, Draper, Park City, Tooele, Bountiful, Ogden, Layton, South Jordan, Taylorsville, Vernal, Price, Tremonton and Heber City

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