Writ of Assistance

Writ of Assistance

Who serves the writ?

A writ will very rarely be served or executed by any police officer. Writs within Summit County are almost always served by a deputy of the Summit County Sheriff’s Office, Court Services Division.

What is a Writ of Assistance

Writ by definition is an order or precept in writing, issued in the name of the state or of a court or judicial officer.

Writ of Assistance is an order generally not following any specific format, but will usually direct the sheriff to assist the plaintiff in resolving some issue which has been previously addressed in another court order but which has been disregarded by the defendant.

The Writ of Assistance is most commonly issued by a court authorizing law enforcement officers to take custody of a child. The statute defines Writ of Assistance as the authority to do so. (78-45c-102 (17), UCA)

It is sometimes referred to as a Writ to take Physical Custody of a Child. This order will outline the facts of the case involving the child and direct the officers of what the court wants done. It is determined by the court’s analysis of just how profound the risk is of the child suffering serious imminent physical harm or removal from this state. (78-45c-311 (1), UCA)

The writ should include the facts of the danger to the child, direction for law enforcement to take physical custody of the child immediately, and provide for the placement of the child, once removed. The respondent must be immediately served with the writ, once the child has been taken. (78-45c-311 (4), UCA)

The Writ of Assistance to take physical custody of a child is enforceable throughout the State of Utah. (78-45c-311 (5), UCA)

A Writ of Assistance may not be specified as a writ for the removal of children. These are vague, and usually issued to assist the plaintiff in resolving some previously addressed court order.

A fee is required to serve a Writ of Assistance.
This must be done by the Court Services Division Deputies of the Summit County Sheriff’s Office at fees page.


Child Custody

How to Obtain an Order