A person can obtain a protective order for themselves and/or their children if a parent or cohabitant is abusive or a perpetrator of domestic violence. Generally, a person must go to a court, state the facts of the abuse, and then a district court judge may or may not issue a temporary protective order 78B-7-102. If the judge issues a temporary protective order, the alleged abuser must receive written notice of the protective order by process server, and a hearing is then held within 20 days before a hearing commissioner in courts in the first, second, third, and fourth districts. For courts in the other districts, the initial hearing is held before a judge.
Hearing before Commissioner
If the hearing is before a hearing commissioner, a party can appeal to the judge after the initial hearing. Evidence can be taken when a hearing is before a judge, and the parties can testify or present other witnesses to testify. If a final protective order is issued, it can remain in place for several months or years, and it will remain as long as there is still a danger of abuse. A party may challenge the maintenance of the protective order by filing a motion with the court.
The statute for protective orders can be found at 78B-7-106. If a dating partner of the petitioner has abused or committed dating violence, information about that kind protective order can be found at 78B-7-404.
Call (801) 845-9029 for a Consultation
In a consultation with Ted Weckel, Attorney at Law, you can learn more about your situation and possible options. Our protective order attorney in Salt Lake City has more than 30 years of experience in this area of law, and our team can guide you every step of the way through the legal process. You can rely on us to provide you with the individualized representation you deserve.
Call Ted Weckel, Attorney at Law today at (801) 845-9029 to schedule your consultation with our protective order lawyer in Salt Lake City.
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Why Experience Matters
Having been a member of the bar since 1991, Ted has expertise in divorce, child custody, or alimony modification is needed to protect your rights and quality of life. Judges and opposing attorneys in Utah are more persuaded by a lawyer who exhibits knowledge of the law, preparation, and respect.
A Zealous Advocate
As a professional family law attorney in Salt Lake City, Ted is knowledgeable, collaborative and personable. He is a zealous advocate for his clients with a great deal of successful courtroom and mediation experience. We understand that expertise and integrity is key.
Practicing Law Since 1991
Hundreds of Successful Mediations or Verdicts
Prepares an In-Depth Strategy for Every Case
18 Published Appellate Opinions
6 Years Experience as a Judge Pro Tempore
Since 1993, our team at Ted Weckel, Attorney at Law has been helping clients throughout Salt Lake City and the surrounding areas resolve their family law problems. We can help you, too. To speak with our knowledgeable attorney, reach out to our firm and schedule a consultation. You can rely on us for well-informed advice and strong representation.