For victims of domestic violence, finding a way to feel safe again may be a daunting task. Protective orders are designed to alleviate some of that stress. Victims of domestic violence have the option of obtaining protective orders against their abusers.
Protective orders allow survivors of domestic violence to feel a sense of comfort again. These orders can protect an individual against numerous circumstances in which contact with an abuser may be otherwise inevitable.
An attorney can work with you to file for a protective order which can help you get your life and peace of mind back.
If you are a victim of domestic violence, you deserve to feel safe in your home again. Susanne Gustin is a criminal defense attorney who can use her years of experience to your benefit. She can provide you with both legal options and non-profit sources to aid in your protection.
If you are a domestic violence victim ready to get the full protection you deserve, call Susanne Gustin Attorney at Law at (801) 243-2814 to schedule a consultation. This firm represents clients from Salt Lake City, Davis County, South Salt Lake, Herriman, East Millcreek, Kaysville, Syracuse, and surrounding areas.
Utah Code §78B-7-103 states that any cohabitant subjected to abuse or domestic violence, or to whom there is a substantial likelihood of abuse or domestic violence, may seek an ex parte protective order or a protective order in accordance with this chapter.
An individual may file for the protector order whether or not he or she has left the residence in an effort to avoid further abuse. He or she may also file regardless of whether an action for divorce between the parties is pending.
Petitions for protective orders may not withdrawn without court approval.
Protective orders are categorized depending on the act they are intended to prevent or perform. Listed below are some of the areas protective orders may cover:
Abuse or Danger of Abuse-Protective Order:
These types of protective orders are granted by courts to victims of domestic abuse. Under this protective order, cohabitant abusers are barred from committing violence, threatening violence, harassing, or contacting a cohabitant domestic violence victim and any designated family or household member listed in the order.
Ex parte protective orders may also be accompanied by child support or spouse support orders which may require immediate income withholding or a written agreement providing alternative payment arrangements to the victim.
Child Protective Order:
Child protective orders are intended to protect a child in imminent danger of being abused, or who is currently being abused. Any interested person may file a petition on behalf of said child; however, the adult filing on the child’s behalf must first make a referral to the division.
The court will review the petition and determine whether the minor is being abused or in danger of imminent danger according to the evidence available. If the court finds child abuse or danger of child abuse, a protective order will be granted.
Dating Violence Protective Order:
Protective orders of this kind can be obtained by anyone substantially likely to be subjected to abuse or dating violence by a dating partner. An individual may obtain a protective order of this sort whether or not he or she has ended the relationship.
A person seeking this order may also include another person in the petition if the initial party meets the aforementioned requirements and the other party is a family or household member substantially likely to be subjected to abuse by the dating partner of the petitioner.
Utah Code- Search Utah’s state site to find a more detailed description of Utah’s protective order statutes.
Women’s Law- This site provides information on how to obtain a protective order, who it can protect you from, and steps to take after the hearing.
If you are in a position where you or your loved ones’ safety is at risk, call Susanne Gustin Attorney at Law at (801) 243-2814 to speak with a defense attorney with experience in this area.
This firm serves clients in Salt Lake City, Davis County, and the surrounding areas.