Salt Lake City
Domestic Violence Attorney
Domestic violence cases in Utah move fast and touch everything. A
protective order can remove someone from their home the same day it is
requested, restrict contact with children, and prohibit firearms, all
before the accused has said a word to a judge. A finding of domestic
violence reshapes custody for years. CoilLaw represents people on both
sides: victims who need protection now, and people accused of abuse who
need a fair hearing. We handle protective orders, the custody
consequences, and the intersection with criminal charges throughout Salt
Lake County and Utah County.
What Utah counts as
domestic violence
Utah’s Cohabitant Abuse Act, Utah Code Title 78B, Chapter 7, defines
abuse as intentionally or knowingly causing or attempting to cause
physical harm, or intentionally placing another person in reasonable
fear of physical harm. Domestic violence is abuse, or the threat of it,
between cohabitants. Cohabitant is broader than it sounds: spouses and
former spouses, people living together or who have lived together,
people related by blood or marriage, people who share a child or are
expecting one, and people in a consensual sexual relationship. Utah also
recognizes coercive control, a pattern of behavior used to dominate a
partner through intimidation, isolation, or control of resources, and
treats it as relevant in protective order and custody proceedings.
Protective orders in Utah
There are several kinds, and choosing the right one matters.
Cohabitant abuse protective order. The main tool. A
petitioner files a verified petition; if the judge finds abuse has
occurred or is likely, the court issues a temporary ex parte order
immediately, without notice to the respondent, and schedules a hearing
within 21 days. At the hearing both sides present evidence and the court
decides whether to enter a final order. A final order generally lasts
three years and can be extended. Its civil provisions, such as temporary
custody, parent-time, support, and possession of the residence, expire
after 150 days unless the court finds good cause to extend them, so a
family court case usually needs to be filed alongside.
Dating violence protective order. For people in or
recently in a dating relationship who do not qualify as cohabitants.
Sexual violence protective order. For victims of
sexual offenses regardless of relationship.
Civil stalking injunction. For a course of conduct
that would cause a reasonable person fear or emotional distress, without
a cohabitant relationship.
Child protective order. For a child who is being
abused, filed by a parent or other adult on the child’s behalf.
A protective order can require the respondent to stay away from the
petitioner’s home, work, and school, prohibit all contact, award
temporary custody and parent-time, order support, and prohibit the
respondent from possessing firearms. Violating a protective order is a
crime, and it is enforced by arrest.
What a protective
order means for custody
Utah’s custody statutes treat domestic violence as a central factor.
The presumption of joint legal custody in Utah Code 81-9-205 is rebutted
by evidence of domestic violence, and 81-9-204 requires the court to
consider any history of abuse, including coercive control, in every
custody decision. A respondent subject to a protective order with a
domestic violence finding should expect supervised or restricted
parent-time until the court is satisfied the children are safe, and the
finding follows them into every future modification.
That is why protective order hearings are worth taking seriously on
both sides. For a victim, the hearing is where the custody record
starts. For a respondent, a stipulation to a “no-fault” order, which
both parties agree to and which cannot be used as evidence of domestic
violence in other cases, is sometimes far better than losing a contested
hearing.
Criminal charges
Domestic violence is not itself a separate crime in Utah; it is a
designation attached to an underlying offense such as assault, criminal
mischief, or violation of a protective order when it is committed
against a cohabitant. The designation carries consequences: enhanced
penalties for repeat offenses within a set period, mandatory jail
release conditions that can bar contact with the victim and the home,
and a federal firearm prohibition after a qualifying conviction. A
domestic violence conviction also becomes evidence in the custody case.
If police have been called, read our article on what happens when you
call the police for domestic violence, and get a criminal defense
attorney involved along with your family law counsel.
If you are the victim
Get safe first. Then file. A cohabitant abuse protective order can be
requested at the district court in the county where you live, and we can
prepare the petition so it says what the judge needs to hear and
schedule it for the fastest available hearing. Bring anything that
documents the abuse: photographs, messages, medical records, police
reports, and witnesses. Ask us about the civil provisions, because the
temporary custody and support terms expire at 150 days and a divorce or
custody filing usually needs to follow. Our guide to getting a
restraining order in Utah walks through the forms and the process.
If you are accused
Do not contact the petitioner, even to explain, and do not go to the
home if the order excludes you; both are crimes and both will be used
against you. Gather your own evidence: messages, witnesses, and anything
showing the allegation is exaggerated or false. Come to the hearing
prepared, with counsel, because the final order and the custody findings
that flow from it are decided there. If children are involved, we file
for custody and parent-time orders at once so the protective order’s
default terms do not become the status quo. False and inflated
allegations do happen, particularly in contested custody cases, and Utah
judges know it; the way to beat one is with evidence and composure, not
by talking to the other side.
How CoilLaw handles
domestic violence cases
We have handled protective order hearings for petitioners and
respondents for over a decade, and we know how the commissioners and
judges in Salt Lake and Utah counties approach them. We prepare the
petition or the defense, handle the hearing, coordinate with criminal
defense counsel where charges are pending, and make sure the custody and
support orders are set up to protect our client’s position after the
150-day provisions expire.
Frequently asked questions
How long does a protective order last in Utah?
A temporary ex parte order lasts until the hearing, which is set within 21 days. A final cohabitant abuse protective order generally lasts three years and can be extended. Custody, parent-time, and support provisions expire after 150 days unless extended for good cause.
Can I get a protective order against a boyfriend or
girlfriend?
Yes. If you have lived together or have a child together you are cohabitants; if not, a dating violence protective order applies.
Will a protective order affect my custody case?
Almost certainly. A domestic violence finding rebuts the presumption of joint legal custody and is a required consideration in every custody decision.
What if the allegations are false?
Contest the order at the hearing with evidence. Do not violate the temporary order in the meantime. A stipulated no-fault order may be an option that avoids a finding.
Can I have a gun with a protective order?
Generally no. Utah protective orders can prohibit firearm possession, and federal law bars possession by a person subject to a qualifying protective order or convicted of a domestic violence offense.
Can the petitioner drop the protective order?
The petitioner can ask the court to dismiss it, but only the court can end it. Contact by the respondent remains a violation until the order is dismissed.
Do I need a lawyer for a protective order hearing?
Not required, but the hearing decides a three-year order and the custody record. Both sides are usually better represented.
Talk to a Utah
domestic violence attorney
If you need protection, or you have been served with a protective
order, call CoilLaw at 801-884-3775 or contact us online. Protective
order hearings are set within days, and preparation is what decides
them.
