Protective Order Process

Ogden 2nd District Court
2525 Grant Ave, Ogden UT 84401
Protective Orders
Protective Order Clerk Phone Number: (801)395-1184
211” Domestic Violence Help Line

Protective Orders are free and set up to assist individuals and families who have fallen victim to crimes of domestic violence. If someone has harmed this individual, they have committed a crime. Protective orders are provided as a means to help protect the involved parties from further violence.
To start the process, you need to file a Request for Protective Order, with the courts.
The person who requests a Protective Order is called the Petitioner. The other party is called the Respondent.
There are Statutes (Laws) which govern the rules and regulations for protective orders. These rules and regulations or Statutes, change yearly with amendments or proposals to the law. When they change, the changes take effect after the legislative process and governor of the state enact these statutes. The current Statutes are available at www.utcourts.gov or http://le.utah.gov/Documents/code_const.htm
There are Interpreters for deaf or non-English speaking individuals. The court clerk can arrange for an interpreter, and they are free for the cases at the court house.
Parties may hire their own attorneys or represent themselves. Help for petitioners may be available from Utah Legal Services or the Utah Domestic Violence Council.
What a Protective Order does: This is enforced by the police (law enforcement) and Arrests shall be made for violations.

  • Order the respondent not to harm the petitioner, the petitioners children or anyone who lives with the petitioner
  • Order the respondent to stay away from the petitioner and the petitioners home, job, vehicle, or school and not contact or harass the petitioner in any way.
  • Order the respondent not to have any guns or other weapons (federal regulation)
  • Order temporary possession of the home, car and essential personal property.
  • Order temporary custody, parent-time and support for the children.
  • Order temporary spousal support if the petitioner and respondent are married.
  • Order the children not to be removed from the State.
Protective Orders are available for:
  • Petitioner who has been harmed by the respondent
  • Petitioner and Respondent are related, live with or used to live with each other, are parents of a child together, or if the petitioner is pregnant by the respondent.
  • The petitioner and respondent are at least 16, married and emancipated.
  • ~OR~
  • Petitioner is afraid the Respondent will harm her or him, and
  • Petitioner and respondent are related, live with or used to live with each other, are parents of a child together, or if the petitioner is pregnant by the respondent.
  • The petitioner and respondent are at least 16, married and emancipated.
  • If the Petitioner and Respondent are under 16 and not married or emancipated, an adult can ask for a Child Protective Order.

If the Petitioner doesn’t qualify for a Protective Order, they may still be able to obtain a Stalking Injunction, which is still enforceable by police.
Harm means: hitting, kicking, pushing, pulling hair, using a weapon or other types of physical attacks, stalking, harassing kidnapping, sexual assault, restricting movement or stopping someone from calling for help, breaking things or throwing things to intimidate, or trying or threatening to do any of the above things.

Protective Order Process:
  • How to Request a Protective Order ~ You fill out the forms, which can be found at www.utcourts.gov or any courthouse or domestic violence shelter
  • Take the completed forms, along with identification to the court clerk. The court can be where you live, where the respondent lives, or where the abuse took place. The clerk will notarize the document and obtain a judges signature.
  • If this request convinces the judge that an immediate order is needed, a Temporary Protective Order (ex-parte) will be ordered. This order starts as soon as the Sheriff serves a copy on the respondent and lasts until the court hearing for the Final Protective Order.
  • After the signatures are obtained, the clerk will provide the petitioner with a copy of the temporary protective order and send one to the County Sheriff or Constable to serve on the respondent. The information is also entered into the Statewide Domestic Violence Network to be accessed by Law Enforcement Agencies in Utah.

  • If there is not a temporary protective order entered, it usually means a judge did not find enough evidence to issue a temporary order. The petitioner still has the right to request a hearing to determine if a Final Protective Order should be issued and this is their time to present more evidence to support the order.
  • The Hearing for the Final Protective Order is normally 20 days after the request is filed. The hearing is made before a commissioner who will make a decision and forward the necessary documents to a judge for final approval.
  • If the Respondent has not been served before the hearing date, the Petitioner should still attend the hearing. The case will be dismissed without their presence.
  • The Final Protective Order will be given to the petitioner at the hearing if the judge enters it. A copy will also be given to the respondent if they are present, and if they are not one will be given to the Sheriff to serve.
Protective Orders have two parts: A Civil part and a Criminal part. The civil expires after 150 days. The Criminal is indefinite. The respondent needs to make a request to have the protective order dismissed. The Courts will not dismiss a final protective order within the first two years without a written and sworn approval from the petitioner.
  • Have any changes made, you must fill out a Request to Modify the Protective Order
  • To have a protective order dismissed, you must fill out a Request to Dismiss the Protective Order.

Second District Court Protective Orders: http://www.utcourts.gov/resources/forms/protectorder/forms.html#Request_Order