Utah Protective Order Violation Attorney

Protective Order Violation Lawyer in Salt Lake City

Have you been charged with the violation of a protective order? If so, call us at 801-364-6454 for a free consultion with an experienced criminal defense attorney.

What frustrates our clients the most is that the feel their right to move around (Right to Travel) can be severely affected by these orders, and many people assert that they are unconstitutional. Sadly, it is very easy for a liar to get a protective order, and most lawyers would agree that there is a great deal of fraud in this area.

Many judges have been accused of simply signing these orders without really even reading them. Here is how one lawyer recently put it: A total liar/criminal can simply state he or she has been abused, and a busy judge will just willy nilly sign it. It’s as if they’re saying, "nuts to Constitution and fairness".

Of course, some people really do need a protective order, and so out of an abundance of caution, judges typically sign them when they are placed in front of them. After all, no judge wants to be the judge that refused to sign a protective order, and then had a victim get killed by the perpetrator that was being accused of being "dangerous".

Protective orders are serious restrictions of personal liberties, and should not be taken lightly. If they are violated, the consequences can be severe. Case law shows that convictions are routinely upheld as well. In State v. Hardy, 2002 UT App. 244; 54 P.3d 645, the Utah Court of Appeals upheld a decision denying a challenge that the statute was overbroad.

In general, a protection order is defined as:

An order issued by a court in domestic violence or abuse cases to, for example, protect spouse from physical harm by other spouse or child from abuse by parent(s). Such order may be granted immediately by court in cases where immediate and present danger of violence or abuse are shown. Such emergency order may be granted in ex parte type proceeding and are temporary in duration pending full hearing by court with all involved parties present. Black’s Law Dictionary (Abrid. 6th Ed) 1991.

Whether you violate an Ex Parte Protection Order or a Protective Order following a hearing, such as even friendly contact while attempting to reconcile, you may be charged with Violation of a Protective Order, in violation of Utah Code Section 76-5-108. This section reads:

76-5-108. Protective orders restraining abuse of another – Violation.

• (1) Any person who is the respondent or defendant subject to a protective order, child protective order, ex parte protective order, or ex parte child protective order issued under Title 78B, Chapter 7, Part 1, Cohabitant Abuse Act, or Title 78A, Chapter 6, Juvenile Court Act of 1996, Title 77, Chapter 36, Cohabitant Abuse Procedures Act, or a foreign protection order enforceable under Title 78B, Chapter 7, Part 3, Uniform Interstate Enforcement of Domestic Violence Protection Orders Act, who intentionally or knowingly violates that order after having been properly served, is guilty of a class A misdemeanor, except as a greater penalty may be provided in Title 77, Chapter 36, Cohabitant Abuse Procedures Act.
• (2) Violation of an order as described in Subsection (1) is a domestic violence offense under Section 77-36-1 and subject to increased penalties in accordance with Section 77-36-1.1.

Utah Code Ann. § 76-5-108 (Supp. 2009). Regardless of your intentions any violation of a protective order is automatically considered to be domestic violence offense, even when there was no factual domestic violence to speak of. Being a domestic violence offense it is subject to enhanced penalties.

A Domestic Violence Sentencing Criminal Protective Order in Utah reads as follows:

IT IS HEREBY ORDERED: (initialed items only)

• 1. that the defendant is to have no personal contact with the victim/cohabitant.
• 2. that the defendant is not to threaten the victim/cohabitant.
• 3. that the defendant is not to knowingly enter onto the premises of the victim/cohabitant’s residence or any premises temporarily occupied by the victim/cohabitant.
• 4. that the defendant is enjoined from threatening to commit or committing acts of domestic violence or abuse against the victim/cohabitant and the following designated family or household member(s):                                   
• 5. that the defendant is prohibited from harassing, telephoning, contacting or otherwise communicating with the victim/cohabitant, directly or indirectly.
• 6. that the defendant is removed and excluded from the residence of the victim/cohabitant and shall not knowingly go or remain within 500 feet of the victim/cohabitant at any time.
• 7. that the defendant is to stay away from the residence, school, place of employment of the alleged victim cohabitant and the following specified place(s) frequented by the alleged victim/cohabitant and any designated family member:                                   
• 8. the following relief is determined to be necessary to protect and provide for the safety of the victim/cohabitant and any designated family or household member:                                   

This order shall remain in effect during the entire duration of the defendant’s probationary period or unless otherwise modified by this Court. This Order is given under the authority of this Court and is directed toward the defendant. The victim cannot waive, alter or dismiss this Order. Only the Court has the authority to enter, modify or revoke this Order.

VIOLATION OF THIS ORDER MAY RESULT IN A CHARGE OF VIOLATION OF A PROTECTIVE ORDER, A CLASS A MISDEMEANOR. VIOLATION OF THIS ORDER MAY RESULT IN A VIOLATION OF YOUR PROBATION.

Upon successful completion of all probationary requirements, Defendant’s probation and this Order shall expire on day of     ,             20     .

Source: www.upc.state.ut.us

In State v. Rudolph, 970 P.2d 1221 (Utah 1998), the Court upheld a conviction for a Violation of a Protective Order, even though the defendant had not yet been served with the protective order, because he had been previous served a copy of the Ex Parte Protective Order.

In State v. Jensen, 2003 UT App. 273; 76 P.3d 188, the Utah Court of Appeals upheld a conviction of a Violation of a Protective Order, even though the order at issue was a Restraining Order.

Because these are serious crimes, contact criminal defense attorneys Brent Smith and Associates today at 801-364-6454.