A Guide to Domestic Violence Orders of Protection in Utah

A Guide to Domestic Violence Orders of Protection in Utah

Domestic violence is a serious issue that affects many individuals and families in Utah. To help protect victims, the state offers a legal tool known as a Domestic Violence Order of Protection (DVOP). This guide outlines what DVOPs are, the process to obtain one, and the responsibilities of all parties involved.

What is a Domestic Violence Order of Protection?

A Domestic Violence Order of Protection is a legal order issued by a court that aims to protect individuals from domestic violence. This can include incidents of physical harm, threats, stalking, or any form of abuse by a current or former intimate partner, family member, or cohabitant.

Eligibility for Obtaining a DVOP

In Utah, to qualify for a DVOP, the petitioner must demonstrate that:

  • They are a victim of domestic violence.
  • The perpetrator is a current or former intimate partner, family member, or cohabitant.
  • The victim feels that they are in immediate danger of further harm.

The Process for Obtaining a DVOP

The process of obtaining a Domestic Violence Order of Protection in Utah involves several key steps:

  1. File a Petition: The victim must file a petition for a DVOP at their local district court. This petition must include details of the abuse and supporting evidence, if possible.
  2. Ex Parte Hearing: After filing, a judge will conduct an ex parte hearing, usually within 14 days. This hearing allows the victim to present their case without the presence of the alleged abuser.
  3. Temporary Order: If the judge finds sufficient evidence, a temporary order will be issued, providing immediate protection for the victim.
  4. Final Hearing: Within 20 days, a final hearing will be scheduled where both parties can present their case. The judge will decide whether to issue a final order of protection.

What a DVOP Can Include

A Domestic Violence Order of Protection may include several provisions designed to ensure the safety of the victim, such as:

  • Prohibiting the perpetrator from contacting the victim.
  • Forbidding the perpetrator from coming near the victim’s home, workplace, or school.
  • Granting temporary custody of children.
  • Awarding possession of shared property.

Enforcement of a DVOP

Once a DVOP is issued, it is crucial for the victim to keep a copy of the order on hand at all times. Local law enforcement agencies are responsible for enforcing DVOPs, and violations can result in legal consequences for the perpetrator, including arrest.

Resources for Victims of Domestic Violence

If you or someone you know is in a situation involving domestic violence, there are resources available to help:

  • Utah Domestic Violence Coalition: Provides support and information regarding DVOPs and other resources.
  • National Domestic Violence Hotline: A 24-hour hotline offering support and guidance for victims. Call 1-800-799-SAFE (7233).
  • Local shelters and counseling services: Many organizations offer refuge and counseling to victims.

Conclusion

Domestic Violence Orders of Protection are an essential legal tool for ensuring the safety of victims in Utah. Understanding the process of obtaining a DVOP can empower individuals to take the necessary steps toward protection and healing. If you are in danger, do not hesitate to reach out for help and utilize the resources available.