Protective Orders In Utah
Defending Yourself Against A Protective Order In Taylorsville, UT
If you have received a notice of a protective order against you, you may be feeling as though some of your rights have been taken away from you. You are likely also wondering how to respond. With the help of a protective order attorney, you can get your rights restored and ensure your freedom of movement is not restricted.
What Is A Protective Order?
A protective order, commonly known as a restraining order, is a court order that is often granted in situations of alleged domestic violence. They are generally filed against someone who has threatened or committed violent acts against another party. However, protective orders may also be granted in other instances, such as situations involving stalking.
The intent of a civil protective restraining order is to keep the alleged victim safe from future violent acts. There are different types of protective orders in Utah, depending on the relationship between the alleged victim and the accused, and the actions of the accused.
For example, a cohabitant protective order would be requested if the alleged perpetrator is a spouse, co-parent, or family member. A dating violence protective order would be requested if the victim and accused were in a romantic relationship. Protective orders can also be filed on behalf of minor children to protect them from the harm of an adult.
What Should I Do If A Protective Order Is Issued Against Me?
If someone has filed a civil protective restraining order against you in Utah, the most important thing you should do is follow the order. This may mean:
- Refraining from contacting the person or their family members
- Avoiding places where there is a higher possibility of meeting that person
- Stopping any and all behavior that may have led to the protective order
- Complying with additional actions or orders from the court
Aside from following the order, you should also seek assistance from a professional protective order or domestic violence attorney. An experienced Utah protective order attorney can assist you with getting an order changed or dismissed.
Will A Protective Order Go On My Record?
One thing you should keep in mind about protective orders is that they generally do not go on your record. That means a civil protective restraining order should not interfere with your ability to keep or find housing or a job.
However, if you do not adhere to the terms of the protective order, you could be charged with a misdemeanor, a criminal act that stays on your record. While it may be tempting to contact the person who requested the order against you, it is essential that you follow the order to protect yourself and your record.
How Can I Defend Myself Against A Protective Order In Utah, Or Have The Order Lifted?
In the initial hearing, the accused generally does not have a chance to defend themselves against a protective order. The judge will hear the accuser’s story and will typically grant a temporary protective order that prevents the accused from contacting the alleged victim without legal repercussions.
In a second hearing, the accused has an opportunity to present their side of the story before the judge decides whether to issue another order. Having a protective order attorney by your side during these hearings can help ensure that the hearing goes in your favor and your rights remain protected.
Depending on the details of the hearing, if a protective order is issued, you may be able to file an objection or appeal to have the decision reversed. Your domestic violence attorney can help you understand the steps involved in the appeal or objection process.
Get Dedicated Legal Representation From Melton Law
The consequences of a civil protective restraining order can have a serious effect on your daily life and your rights. If you are facing a protective order, Melton Law can help you understand your legal situation and obligations. Our Taylorsville domestic violence attorneys can also represent you in your hearing.
As an experienced criminal defense attorney, William Melton knows that accusations can sometimes be a far cry from the truth. He will investigate your case thoroughly to recover evidence and retain witnesses to support your stance. Call our firm in Taylorsville, UT, today at (801) 769-0057 to start your initial consultation with a protective order attorney.