Ex Parte’ & Protective Orders
Orders issued in domestic violence cases, allowed for by the Co-habitant Abuse Act (Title 30, Chapter 6, UCA). These are orders allowing for the restraining and/or removal of a respondent (suspect) from the area(s) occupied and frequented by the plaintiff (complainant) and other related persons deemed at risk by the court.
Ex Parte’ protective orders are issued without notice to the defendant (respondent). Protective orders are issued after a court hearing determines th necessity of extending the order issued in the Ex Parte’.
Ex Parte’ and Protective Orders must be served by a law enforcement officer or the issuing court. ANY Law Enforcement Officer can and is required by statute (30-6-4.2(8)(b)(i)) to serve an Ex Parte’ and/or Protective Order issued under the Co-habitant Abuse Act.
Ex Parte’ Civil Stalking Injunctions
Orders issued in STALKING cases, as defined in Section 76-5-106.5 (UCA). These are orders allowing for the restraining of the respondent (suspect) from the area(s) occupied and frequented by the plaintiff (complainant) and other related persons deemed at risk by the court. The order may also enjoin the respondent from committing stalking.
Ex Parte’ Civil Stalking Injunctions are issued without notice to the defendant (respondent). The respondent may request a hearing after being served.
Ex Parte’ Civil Stalking Injunctions must be served by a law enforcement officer. ANY Law Enforcement Officer can serve an Ex Parte’ Civil Stalking Injunction within 90 days of date of issue.
Ex Parte’ Civil Stalking Injunctions will be in effect as soon as service is made. The Injunction is not entered onto the statewide warrant system until the Injunction and the Original Return of Service is returned to the issuing court.
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