Domestic violence is a particularly pervasive problem because it can go on regularly within the four walls of the home, which is supposed to be a safe haven from all the dangers of the outside world.  Each state has its own remedies and methods for obtaining a solution; however, there is a similar general process that most states follow when dealing with issues of domestic violence. 

Domestic Violence Protective Order

Utah law defines domestic violence as any of the following acts occurring between family or household members:  attempting to or causing bodily injury; placing a person in fear of imminent serious bodily injury; criminal sexual conduct; stalking; and cyberstalking.  The court will examine the nature of the relationship between you and the alleged abuser to determine whether or not your case can be classified as domestic violence.

Utah law provides for a domestic violence protective order for victims of domestic abuse.  There are two types of orders – a temporary protective order and a full protective order.  A temporary order, which usually lasts up to 20 days, may be given to you on the day you file your Petition for a Protective Order if the judge believes you are in imminent danger.  A full protective order cannot be issued until the alleged abuser is given a chance to present his or her side of the story.  The temporary order of protection will be issued for the length of time that you have to wait until your hearing.

After you file your Petition for a Protective Order, you will be given a hearing date, and the court will serve your alleged abuser with the appropriate paperwork that will notify him or her of the hearing date.  After you and your alleged abuser are each given a chance to tell your respective sides of the story, the judge will decide whether or not to issue a full protective order.  If your petition is granted, it will run anywhere up to two years, at which point, a hearing must be held to determine whether or not to have the order continue.

If, after your hearing, you are granted a domestic violence protective order, it is likely to do the following things: order the abuser to stop abusing you, your children, and any other necessary person; order the abuser to stay away from you, your home, your workplace, the school of you and your children, and your children's day care center; grant you possession of the home; prohibit any mutually owned property from being disposed of; grant you possession of the home; award temporary custody of the children; order the abuser to reimburse you for any loss due to the abuse; and order counseling for the abuser.

Finding Domestic Violence Resources

The National Domestic Violence Hotline can be reached at 1-800-799-7233 and is operational 24 hours a day, 7 days a week, and in more than 100 languages.  It can help you find nearby domestic violence shelters, emergency shelters, legal help, and social service programs.

The Feminist Majority Foundation has put together a database of national organizations that can help victims of domestic violence get relief from their abuser. 

Resources for residents of Utah who have been victims of domestic violence can be found here.