Salt Lake City Violation of a Protective Order Attorneys

Protective Order Violation in Salt Lake City

If you have been served with a protective order, you are legally required to abide by its terms—even when you believe the initial terms are not fair. This can be particularly difficult for individuals who are forced to maintain distance from their families, children, and homes. Even the most well-intentioned individuals can run into trouble with the law over an unexpected violation of a protective order.

Many times, a violation of a protective order is no more than a misunderstanding. The law does not account for errors of misunderstanding, however, underscoring the importance of seeking strong legal defense as quickly as possible. The team of experienced attorneys at Conyers & Nix will work with you to resolve the situation and help you avoid criminal charges. To learn more, connect with us today.

What Are Protective Orders in Utah?

A protective order is a formal court order used to restrict a person’s communication and physical contact regarding another person. This order will separate the alleged perpetrator (known as the respondent) from the alleged victim (known as the petitioner) for a certain period of time. Generally, a petitioner will seek a protective order to prohibit the respondent from:

Contacting or communicating with them
Committing or threatening violence
Coming in close proximity to their home, school, work, or place of worship

Additionally, as part of a protective order, a judge can prohibit the respondent from purchasing, using, or possessing a firearm. While protective orders can be highly beneficial in situations where there has been abuse or violence, it is not uncommon for individuals to unnecessarily seek protective orders to gain leverage in a domestic dispute.

What Are the Different Types of Protective Orders in Utah?

There are different types of protective orders depending on the nature of the relationship between the petitioner and the respondent, which include:

Cohabitant protective order: Used between married couples, relatives, and/or individuals who have children together or are expecting a child together (Utah Code § 78B-7-603).
Dating violence protective order: Used for individuals who have a romantic and intimate relationship (Utah Code § 78B-7-404).
Sexual violence protective order: Used in situations where sexual violence occurred between individuals with no established relationship (Utah Code § 78B-7-504).
Workplace violence protective order: Used by employers against customers or patrons of a business (Utah Code § 78B-7-1102).
Civil stalking injunction: Used in cases involving stalking.

How Long Does a Protective Order Last?

How long a protective order lasts depends largely on when the order was issued. Protective orders issued after May of 2021 will generally last for 150 days unless the court determines that it is necessary to extend the expiration date. Orders issued between July 2020 and May 2021, on the other hand, expire after three years. Protective orders issued before July 2020 have differing expiration dates ranging from 180 days to 10 years. Finally, a “Continuous Protective Order” lasts for the rest of a person’s lifetime.

What Is the Difference Between a Protective Order and a Restraining Order?

Under Utah law, there is a distinct difference between protective orders and restraining orders. A restraining order is not a separate legal action—rather, it is part of an existing legal action such as a divorce or a paternity proceeding. For instance, a restraining order may be used in a divorce case to prevent one spouse from selling the family home.

On the other hand, a protective order is a separate legal action, not attached to an existing case or proceeding. A protective order can be sought without taking any civil or criminal action against the respondent. Moreover, while restraining orders can be used to limit a wide array of actions, protective orders are typically aimed at preventing violent or threatening behavior.

What Should You Do if Someone Files a Protective Order Against You?

If someone files a protective order against you, it is essential that you abide by the terms of the order. Per the Utah Code of Criminal Procedure § 77-36-2.4, you will face criminal charges if you violate any of the provisions of a protective order. Even if you do not agree with the terms , it is critical that you do not contact the individual who filed for the order.

You should consider removing their contact information from your phone and deleting them from your social media accounts. Even an accidental call can be considered a violation of a restraining order in Utah. Likewise, keep a safe distance from the places that they regularly visit. If you and the petitioner have children together and you were barred from contacting them, do not try to circumvent the order. We understand how difficult it can be to strictly abide by the terms of a protective order, but your compliance is critical to reinstating your rights down the line.

Can You Modify a Protective Order?

Instead of violating a protective order, you may work with your attorney to request a modification of the order. To do so, you may file a Request to Modify Protective Order with the court where you initially received the order. After receiving this document, the court will schedule a hearing to review evidence as to why the protective order should be dismissed or modified. The courts will look to see clear and compelling evidence highlighting why the order is no longer necessary.

What if You Are Accused of Violating a Protective Order?

If you are accused of violating a protective order, consider seeking legal advice from an experienced attorney as soon as possible. With criminal charges on the line, the stakes of violating a protective order are high. Even a one-time violation of a protective order can result in felony charges and mandatory jail time. If you are charged with violating a protective order, it is important to discuss your options with a seasoned defense attorney.

While you may feel like your rights have been completely limited, you still have the right to legal representation. With the help of your attorney, you can begin building a legal defense against the protective order violation. At Conyers & Nix, we fight charges from all angles. By conducting a comprehensive review of your case to pinpoint potential violations of your constitutional rights, we can help protect you from criminal charges.

What Are the Penalties for Violating a Protective Order?

Utah has strict laws regarding protective orders and penalties for violations are severe. The first violation of a protective order is charged as a Class A misdemeanor, punishable by a maximum of one year in jail and $2,500 in fines. These charges should be handled carefully, as they are one step away from a felony conviction. In fact, subsequent violations are considered a third-degree felony, punishable by up to five years in prison and $5,000 in fines.

It is also important to understand that violating a protective order will result in the creation of a criminal record. Having a criminal record will hinder your employment opportunities, impact where you can live, and even limit your gun rights. If you are facing criminal charges for violating a protective order, it is vital to have an experienced defense attorney in your corner.

What Types of Behaviors Would Violate a Protective Order?

If you have been served with a protective order in Utah, it is essential to carefully review all provisions of the order and familiarize yourself with its terms. While every order is unique, there are some behaviors that would violate a protective order across the board, including:

Coming too close to the petitioner. The majority of protective orders require you to maintain a specified distance between you and the petitioner.
Contacting the petitioner. You will likely be required to cease all phone calls, text messages, emails, letters, and social media messages between you and the petitioner. Attempting to contact the petitioner through a friend or family member may also constitute a violation of the protective order.
Failing to move out of your shared home. Protective orders can have serious implications for individuals who share a home. A cohabitation protective order, for instance, may require you to stay away from your shared home, as well as shared workspaces or educational institutions.
Responding to contact attempts from the petitioner. This is particularly important, as the provisions of a protective order prevent you from contacting the petitioner, even if they reach out to you first.
Failing to abide by child visitation rules. Depending on the unique provisions of your protective order, you may be prohibited from spending time with your child or being involved in key decisions regarding their life.
Buying or owning a gun. Many times, protective orders will place restrictions on the purchase and possession of firearms. If you are employed in a position that requires you to use a firearm, you may be forced to leave your job.

How Can a Salt Lake City Protective Orders Violation Defense Lawyer Help You?

A single, unintentional violation of a restraining order can have serious, life-altering consequences. At Conyers & Nix, we provide compassionate and professional legal representation to individuals charged with violation of a protective order in Utah.

We are here to stand by your side, protect your rights, and secure a favorable outcome for your case. You do not need to navigate this challenging issue alone. Reach out to our team of protective order violation defense lawyers for a consultation, and let us serve as your dedicated advocates during this difficult time.