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Protective Order Utah
A Protective Order Utah, is another name for a restraining order in Utah. A Protective Order is a judicial order restricting a party from taking certain action. Violation of a Protective Order has serious legal consequences, including fines and/or jail time. It is not a substitution for divorce or child custody decree, however.
A Protective Order can do one or any combination of the following:
- Order the party not to harm a party’s children, the party, or anyone who lives with the party;
- Order the party to stay away from the Petitioner and the party’s home, job, vehicle or school, and not to contact or harass the party in any way. This is the most familiar use;
- Order the Respondent not to have any guns or other weapons;
- Order temporary possession of the home, car or essential personal property;
- Order temporary custody, parent-time and support for the children;
- Order temporary spousal support if the Petitioner and Respondent are married;
- Order the children not to be removed from Utah.
WHO CAN GET A UTAH PROTECTIVE ORDER?
The Petition must show that the Respondent has harmed or the Petitioner is reasonably afraid that the Respondent will Harm the Petitioner in order to obtain a protective order in Utah. Examples of the type of harm the court is concerned with includes:
- Breaking or throwing things to intimidate;
- Sexual assault, stalking, harassing, or kidnapping;
- Stopping someone from calling for help or restricting movement;
- Kicking, hitting, pulling hair, pushing, using a weapon, or other types of physical attacks;
- Trying or threatening to do any of these things.
If you are afraid of any of these types of harms or have already experienced any of these harms contact us today so we can help you receive the protection you need!
HOW LONG DOES IT TAKE TO GET A UTAH RESTRAINING ORDER (PROTECTIVE ORDER)?
We can help you get a Restraining Order in Utah quickly. In some cases we can get a court to hear an emergency petition on the same day that we file your petition for the restraining order. The court can immediately issue a temporary Protective Order at that hearing and the order will become effective as soon as law enforcement can serve the order on the Respondent.
The duration of the Protective Order varies. Protective Orders are both civil and criminal in nature. The duration for the civil component of the order is usually 150 days. If you have an existing Protective Order that needs to be enforced, contact us immediately, so we can help ensure that your are protected.
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Child support in Utah is based on a formula that can easily be calculated if the income of both spouses is known. You can use the calculator at Office of Recovery Services locate at Office of Recovery Services – (utah.gov).
Your property will be categorized as either a non-maritital asset or a marital asset. If the property was acquired during the marriage it will generally be a martial asset.
Each party will receive their separate property. Marital property will generally be divided equitably.
Alimony is a remedy awarded to help a financially weaker spouse become self-sufficient. In Utah alimony is discretionary and is not awarded in every case. Factors that a court will consider in determining if alimony should be awarded and if so how much includes:
- Income and financial resources of both parties
- Emotional & physical condition of each party
- Standard of living during the marriage
- Length of the marriage
Each party typically is responsible for his or her own legal expenses and costs associated with divorce. In some case, the court may award attorney’s fees.
In Utah if the divorce is contested (an answer is filed), then mediation is required. In some cases more than one mediation will be necessary to resolve all the issues.
If you and your ex have agreed to all the terms of property division, custody, child support & maintenance and only need an attorney to draft the paperwork to make the agree legal, our flat-fee uncontested divorce can help.
We understand that attorneys sometimes complicate your agreement to increase their fees. Not us! Our flat-fee uncontested divorce will affordably draft and file all the necessary paperwork to quickly finalize your divorce–if you have already agreed to the terms.
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