Too often in our community, the terms "restraining order” and "protective order" are interchanged with each other. If you are a victim of domestic violence, the order you should be seeking for protection is a "Protective Order."  Protective orders are for individuals who have been recently abused and are fearful for their safety or for individuals whose status with the perpetrator fit the following criteria:

When you fill out the order, the judge looks at it and possibly grants relief by putting into effect an "Ex Parte Order."  This is an order where the judge is only hearing one side of the abuse.  At the time the judge signs this order (if the order meets the burden that protection is needed for the petitioner), the court sets a hearing date within ten to twenty days where the judge hears both sides to see if there is probable cause to issue a permanent protective order.

 

A Victim Assistant at the Provo Police Department is happy to meet with you and aid you in filling out the paperwork and to explain the process to you.  They will also go to the protective order hearing with you for support.

 

A protective order grants specific relief for the petitioner (you).  The petitioner (you) may ask for relief such as keeping the respondent (perpetrator) from having any contact with the petitioner (you) or coming to the petitioner’s (your) home.  The protective order may award the petitioner certain property, custody of the children, etc.  Only the relief that the judge initials is enforceable by police.  Additionally, the Ex Parte (temporary) protective order is only valid IF the respondent is served.  You must know an address or location where the respondent can be served the order at the time you file.

 

If a judge signs your temporary protective order, you may want to call Utah Legal Services at 1-800-662-4245 and see if an attorney will represent you for free at the permanent protective order hearing.

 

Be advised that if you go to the protective order hearing and the judge grants you a permanent protective order, the awarding of custody and the stipulation for visitation is only good for approximately 150 days.  You will need to make some decisions fairly fast on whether you need to file for legal separation or divorce to maintain custody of your children.  Protective orders are not granted solely for custody purposes.

 

If you need information on or help in filling out a protective order, contact the Provo Police Victim Assistance Program at 852-6210.