Protective Orders
Protective Order Attorney Lehi, UT – Hoyer Law
Hoyer Law Firm
51 E Main Street
Lehi, UT 84043
(801)901-0797
https://attorneylehiutah.com
What is a Protective Order?
A protective order is an order from a court of law that prohibits a person from carrying out a specific action, visiting a specified location, or contacting a specified person.
Protective orders are typically issued by a court when one spouse or cohabitant is abusive or threatening to another. A court may order a person:
– Not to cause harm to someone,
– To stay away from someone,
– To refrain from contacting someone,
– Not to be in possession of weapons,
– To give someone sole temporary possession of a property,
– To refrain from moving children out of the state.
Protective orders can also make certain rulings about parent-time, custody, child support, or alimony.
Getting a Protective Order in Utah
If you are a victim of domestic abuse or if there is a threat of violence in your home, you need legal protection.
As a protective order attorney, Hoyer Law can help, regardless of your situation. If you are the victim of abuse or you fear that you may become a victim of domestic violence, schedule an initial consultation with us to explain your circumstances.
We will then proceed by providing you with legal assistance to ensure that you receive proper protection. One of the most effective ways we can help is by filing for a protective order on your behalf.
As a layperson, you may not know or understand the specific process for obtaining a protective order, and if you don’t follow the prescribed procedure, you run the risk of having your petition denied. With us at your side, however, you can rest assured that we will guide you through the process to obtain a protective order and to take any further steps to ensure that you are no longer the victim of abuse or domestic violence.
Protective Orders Under False Pretenses
Protective orders can be incredibly useful to prevent domestic abuse and to stop threats. In the case of divorce, however, spouses may obtain protective orders under pretenses of preventing the other party from getting custody of children or preventing them from entering the marital property.
When your spouse obtains a protective order against you, it can have detrimental repercussions, and it is crucial that you seek expert legal help to defend the protective order and restore your liberties.
Defending a Protective Order
While protective orders are useful to prevent abuse, you may find yourself in a position where you have to defend yourself against one to gain access to your children or home and to ensure that your rights and interests are upheld during divorce proceedings.
To obtain a temporary protective order in Utah, a person only has to describe violence or abuse in their petition for the court to issue the order. Furthermore, the court will grant the order “ex parte,” which means that you will not be able to contest the issue of the temporary order.
You will, therefore, only be notified of the order after the court has issued it, and you will have to adhere to the rulings of the order to prevent criminal prosecution.
While a temporary protective order is not a substitute for divorce decrees, custody orders, or child support orders, it can impact the outcome of divorce or custody disputes. You, therefore, have to attend an initial hearing within twenty days after the court issued the temporary protective order to testify and contest the permanent entry of the protective order.
At the initial hearing, the petitioning party will testify before the court and provide reasons in support of a permanent protective order. Then, you will be allowed the opportunity to testify and give reasons why the protective order should not be entered permanently.
During the initial hearing, you will not have the opportunity to cross-examine the petitioning party or to present witness testimony to the court.
If the Commission concludes that there is an incident or threat of domestic violence and recommends permanent entry of the protective order, you will either have to respect the rulings of the order or object against the recommendations and request a hearing before the district court.
Contact Hoyer Law
Defending yourself against a temporary protective order can be a challenge. If your defense is not successful, it can have far-reaching repercussions when it comes to your divorce, access to your children, and your fundamental rights.
You need a highly skilled and experienced attorney to defend you against a protective order. Contact Hoyer Law to schedule an initial consultation.
