Utah Protective Orders
A
protective order is a court order entered when a petitioner requests
legal protection from the respondent. The order typically
prohibits contact or communication with the petitioner by the
respondent. Violation of a protective order can result in
misdemeanor
or
felony charges. If you are facing prosecution for a protective order
violation, the assistance of an
experienced Utah
criminal defense
attorney can be vital to a successful outcome in your case.
Contact us
today to arrange for an initial consultation.
Can the petitioner be charged for violating a protective
order in Utah?
A protective order in most cases will create a kind of "one-way
street." The order prohibits certain conduct by the
respondent. But the order will almost never have any restrictions on
conduct by the petitioner. Violation of the order by the respondent can
result in significant criminal charges. But conduct by the petitioner
typically has no repercussions.
Consider the following hypothetical example:
A protective order is
entered against Aaron, with Beth as the petitioner. The order prohibits
Aaron from engaging in communication of any kind with Beth.
After some time has passed, Beth wants to reconcile with Aaron, and
decides to call him. He picks up the phone and realizes that Beth is on
the other end. Although Aaron remembers the protective order, he
decides that since Beth initiated the phone call and since it has been
a long time since the order was entered, Aaron decides to talk with
her. The conversation goes well for a while, but then Aaron says
something that offends Beth. She decides to call the police and report
Aaron for violating the protective order.
In this hypothetical, Aaron will probably face criminal prosecution for
violating the protective order. Beth will likely be considered the
"victim" even though she initiated the contact.
Does a petitioner waive the protective order by initiating
communication?
From a common sense perspective, it seems fair that the petitioner (the
protected party) should be able to waive the protections provided by a
protective order. In a trespass case, the property owner can grant
permission for a person to enter the property even though it has been
posted "no trespassing." This makes sense. But in the context of a
protective order, the order comes from a court - and only the court has
authority to modify or revoke the protective order.
So in the hypothetical above, even though the petitioner initiated the
communication, the protective order still remains in full force. If the
respondent had not answered the phone call or if the respondent had
hung up immediately upon realizing that the petitioner was on the other
end of the call, no criminal violation would have been committed. But
if the respondent knowingly communicated with the petitioner
after having been properly served with the protective order, criminal
charges could be filed.
Can a petitioner be criminally charged for initiating a
protective order violation?
Most Utah protective orders create a kind of "one-way street" that will
result in criminal charges only against the respondent if a violation
occurs. The protective order places restrictions on the respondent's
conduct. But it will typically place no restrictions on the petitioner.
So even though the petitioner initiated the communication, criminal
charges are likely only against the respondent.
In theory, an argument can be made that the petitioner acted as an
accomplice by encouraging or soliciting the respondent to commit a
violation of the protective order. While there is strong legal theory
supporting this argument, it is very, very rare for a prosecutor to
charge a petitioner with violating a protective order under an
accomplice liability theory.
Does a Utah protective order automatically expire after some
time?
Utah protective orders are considered "permanent" - meaning that they
do not automatically expire, no matter how much time has passed. But
after the protective order has been effect for a period of two years,
the respondent can request that the court vacate or dismiss the
protective order if certain conditions are met. Personal service of the
motion to dismiss the protective order must be made on the petitioner.
Are there any consequences for a petitioner who tries to get the
respondent to violate the protective order?
If the court finds that the petitioner has repeatedly acted in
contravention of the protective order provisions and attempted
to induce the respondent to violate the protective order, Utah Code
78B-7-115 allows the court may amend or dismiss the protective order
after the protective order has been in effect for one year. The court
must find that the basis for the issuance of the protective order no
longer exists, that the petitioner's conduct demonstrates that the
petitioner no longer has a reasonable fear of the respondent, and that
the respondent has not been convicted of violating the protective order
or any other crime of violence, and that there are no cases pending
against the respondent relating to a
crime of violence.
Finding a Utah Criminal Defense Attorney in Salt Lake
City

Choosing
the
right
Utah criminal defense attorney can be the most important decision you
make for your case. Based in Salt Lake City,
criminal
defense attorney Stephen Howard has the
experience required to help
you get the
results
you need.
Contact us
today to
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