Utah Violation of Protective Order Lawyer

In Utah, a “protective order” is an order that restrains a person from threatening to commit domestic violence or abuse, committing domestic violence or abuse, or harassing the victim or any designated family or household member. They are also prohibited from telephoning, contacting, or otherwise communicating with the victim directly or indirectly. A protective order can also give temporary custody of children to the protected person, which means you could lose your visitation time or rights to your children. It could also potentially instruct you to stay away from certain locations, like the protected persons home, refrain from any alcohol or drug use. If the Judge deems it necessary, they could make you give up any firearms, ammunitions, or weapons and even limit your ability to obtain firearms, ammunitions, or weapons. There might even be a stipulation on how close you can be to the protected person or animal or even staying away from locations where a protected person might be found. The Judge could add any other stipulations that they deem necessary, including turning around and leaving a public area if you see the protected person and deleting all protected persons contact information out of any electronics.

WHAT VIOLATES A PROTECTIVE ORDER?

A protective order generally lasts a years but can be extended.

Violations can include but are not limited to:

• Hiring a person to locate the protected person.
• Hiring a person to speak to the protected person on your behalf.
• Contacting the protected person directly. Contact includes but is not limited to text messages, electronic mail, phone calls, or mailing letters to their address.
• Contact the protected person’s family in order to contact the protected person. 

*Utah protective orders can be enforced in every civil and criminal court of the United States, any other state, Indian tribe, or a United States territory. *

WHAT IS THE PENALTY?

Violating a protective order is a class A misdemeanor unless you have been charged for violating a protective order in the past. For violating a protective order and for any subsequent violation of a protective order, you could be fined up to $2,500 and be imprisoned for up to a year. There are other potential consequences if you are on probation or parole already, whether that charge was related to domestic violence or not.

It is important to note that the Judge could also offer a greater penalty if deemed necessary. 

WHAT SHOULD I DO IF I HAVE BEEN ACCUSED OF VIOLATING A PROTECTIVE ORDER?

If you have been accused of violating a protective order, let Weber Law help you today. It can be a stressful situation to have criminal charges pending and Weber Law will work for you. In Utah, there are specific instructions on how to serve someone a protective order, if you are not served correctly, Weber Law might be able to get the whole protective order thrown out. Let Weber Law determine if you were served correctly and fight for you. If you do not appear for the domestic violence protective order hearing, the Judge can grant the order, and you could be in violation without even realizing it.

Additionally, there could be other reasons for violating a protective order, like you did not mean to contact the protected person, you did not know what you did was a violation of the protective order, you accidentally contacted the protected person, or ran into them in a public place not knowing they were going to be there. Weber Law is experienced in defending these charges and getting you back to a life free of criminal charges. Do not face these charges without an attorney; any blemish on your record can have detrimental effects. Let Weber Law’s experienced attorneys fight for you in court. If you or someone you know has been accused of violating a protective order, contact Weber Law today for a consultation.

• Utah Code § 76-5-108, Protective orders restraining abuse of another — violation
• Utah Code § 77-36-1.1, Enhancement of offense and penalty for subsequent domestic violence offenses
• Utah Code § 77-36-2.4, Violation of a protective order – mandatory arrest – penalties
• Utah Code § 78B-7-602, Abuse or danger of abuse – cohabitant abuse protective orders
• Utah Code § 78B-7-603, Cohabitant abuse protective orders – ex parte cohabitant abuse protective orders – modification of orders – service of process – duties of the court
• Utah Code § 76-3-204, misdemeanor conviction – term of imprisonment
• Utah Code § 76-3-203, Felony conviction—indeterminate term of imprisonment
• Utah Code § 76-3-301, fines of individuals