Temporary Protective Order
A person can obtain a protective order for themselves and/or their children if a parent or cohabitant is abusive or inflicts domestic violence. Generally, a person must go to a court, state the facts of the abuse, and 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 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.