Ex Parte and Protective Orders

Ex Parte' and Protective Orders

Orders issued in domestic violence cases, allowed for by the Co-habitant Abuse Act (Title 30, Chapter 6, UCA). These are orders allowing for the restraining and/or removal of a respondent (suspect) from the area(s) occupied and frequented by the plaintiff (complainant) and other related persons deemed at risk by the court.

Ex Parte' protective orders are issued without notice to the defendant (respondent). Protective orders are issued after a court hearing determines th necessity of extending the order issued in the Ex Parte'.

Ex Parte' and Protective Orders must be served by a law enforcement officer or the issuing court. ANY Law Enforcement Officer can and is required by statute (30-6-4.2(8)(b)(i)) to serve an Ex Parte' and/or Protective Order issued under the Co-habitant Abuse Act.

Ex Parte' Civil Stalking Injunctions

Orders issued in STALKING cases, as defined in Section 76-5-106.5 (UCA). These are orders allowing for the restraining of the respondent (suspect) from the area(s) occupied and frequented by the plaintiff (complainant) and other related persons deemed at risk by the court. The order may also enjoin the respondent from committing stalking.

Ex Parte' Civil Stalking Injunctions are issued without notice to the defendant (respondent). The respondent may request a hearing after being served.

Ex Parte' Civil Stalking Injunctions must be served by a law enforcement officer. ANY Law Enforcement Officer can serve an Ex Parte' Civil Stalking Injunction within 90 days of date of issue.

Ex Parte' Civil Stalking Injunctions will be in effect as soon as service is made. The Injunction is not entered onto the statewide warrant system until the Injunction and the Original Return of Service is returned to the issuing court.

Things You Will Need:

1. The police agency and the case number of the report on the domestic violence case. (You may get an order without them, but the information helps.)
2. The name and birth date of the person you are getting the order against.
3. The social security number of the person is also helpful.
4. The addresses you want the person to stay away from.

The description of the person and all of the places where they might be located. (This is very important, it will help the officers locate the suspect to serve the order on. Include: Work addresses, phone numbers and times of work. Other family members' addresses and phone numbers. Friends' addresses and phone numbers.)

6. The kind of car the person is driving, with a license number if possible.

Places You Can Obtain an Order:

Matheson Court House
450 South State Street
Salt Lake City, Utah

West Jordan Court House
8080 So. Redwood Rd.
West Jordan, Utah

The Matheson office, to obtain the orders, is located on the main floor (Room # W17) of the courthouse. Remember these courthouses are secured facilities and you will have to clear a security check point prior to entering.

At the Matheson Courthouse, paid public parking is available by entering the underground parking lot from 400 South. There is very limited street parking around the courthouse. TRAX does have a stop at the courthouse on the Main Street side.

There will be people to answer your questions and help you obtain your order at both courthouses. It does take a few hours to get the paper work completed. Going in the morning is advised, but the offices are also available in the afternoon.

Office hours coincide with courthouse hours.
Monday-Friday, excluding holidays, 8:00 a.m.-5:00 p.m.

1. Check the packet also called an Alternative Service Packet or Emergency Packet. The plaintiff (petitioner) will also have this packet. It should contain the:
EX PARTE' PROTECTIVE ORDER
VERIFIED PETITION
RETURN OF SERVICE

If these documents are not with the packet, the officer may not be able to make a Valid Service. The Ex Parte' is the most critical, since it contains the court date for the hearing. The verified petition gives the information regarding the claims of the plaintiff that has been reviewed by a judge. The return is a form indicating service. A duplicate of a blank return can be obtained to document service.

2. Check the order and determine what the court is directing. It will likely include the requirements to:

Serve the respondent which notifies them of the court date and informs them of the restrictions and penalties.

Remove the respondent from a protected area (a residence or work place)
Remove the children from the respondent and place them with the petitioner.

3. Proceed with the service. Sign the copies of the orders being given to the respondent. It will be the Ex Parte' Protective Order and the Verified Petition.

4. Complete the Return of Service. Fill in the blanks. (The county where service is made, the officers name, what papers were served, the date received and the date served, and the address where the order was served.) Sign the return with your name, agency and title and include the date.

5. Notify the Dispatch Office of the service. The dispatcher will need the name of the respondent and the time and place of service. Dispatch will enter the service on the State Wide Warrants System immediately.

6. Immediately FAX a copy of the return of service to the Salt Lake County Sheriff's Office, Civil Division, 743-5325.

7. Send the Original Return (interoffice mail) to Civil Division.

Civil Division
Salt Lake County Sheriff's Office
3365 South 900 West
Salt Lake City, UT 84119
Telephone: 385.468.9758
Fax: 385.468.9736

How toserveanEx Parte' Civil Stalking Injunction

1. Check the packet (Alternative Service Packet or Emergency Packet) the plaintiff (petitioner) has. It should contain the:

EX PARTE' CIVIL STALKING INJUNCTION
VERIFIED PETITION
RETURN OF SERVICE

If these items are not with the packet, the officer may not be able to make a Valid Service.

2. Check the Injunction and determine the date of issue. Service must be made within 90 days of issuance.

3. Sign and Date the Ex Parte' and the Verified Petition being given to the respondent.

4. Tell the respondent the order is an "Ex Parte' Civil Stalking Injunction" and serve it on them. Offering the Injunction to the respondent, even if refused, is considered a legal service. (Leave the Injunction.)

5. If the Injunction does not have the respondent's name, but the petitioner has identified them to the officer, get the name of the respondent. It is needed to complete the return of service. "A person guilty of interference with a public servant if he knowingly...interferes with the lawful service of process by a public servant." 76-8-301 (1)(b) UCA, a Class B misdemeanor.

6. Complete the Return of Service. Fill in the blanks. (The county where service is made, the officers name, what papers were served, the date received and the date served, and the address where the order was served.) Sign the return with your name, agency and title and include the date.

7. Fill out the respondent identifying information at the bottom of the Return if applicable.

8. Immediately FAX a copy of the return of service to the Salt Lake County Sheriff's Office, Civil Division, 743-5325.

9. Send the Original Return (interoffice mail) to Civil Division.

Civil Division
Salt Lake County Sheriff's Office
3365 South 900 West
Salt Lake City, UT 84119
Telephone: 385.468.9758
Fax: 385.468.9736

Ex Parte' Protective Orders:

1. Check the statewide warrant system for the respondent's (suspect's) name.
2. The name will be on the system (with PO) next to it.
3. The information on the computer should give some details of the provisions of the order. It could have various entries, so look at all the pages.
4. If an Ex Parte' has been issued and served, that information will be available, usually under the comments section.
5. The dates will indicate if the order is valid. The Ex Parte' expires after the hearing date, if the court DOES NOT issue a PROTECTIVE ORDER.
6. An Ex Parte' may have been served and the date indicates expired, but the court has issued a PROTECTIVE ORDER. Check the comments to determine if a PROTECTIVE ORDER has been issued as a result of the Ex Parte' hearing.
7. If the PROTECTIVE ORDER has been issued and NOT SERVED, the Ex Parte' is STILL IN EFFECT, regardless of the expiration day. (30-6-4.3 (1)(c), UCA)
8. Arrest the suspect for a violation of an ex parte' protective order, if the elements are present. The provisions of the ex parte' are listed. Violations of the provisions (usually the first 7) are a Class A Misdemeanor, 76-5-108 UCA.
9. If the suspect has left and an arrest does not occur, prepare a report with all the facts of the violation, including evidence and witnesses. Prepare a fact sheet and send it to the follow up detectives. They will review the report and get it to the District Attorney.
10. If the suspect has left and an arrest does not occur, and the elements are not clear, or follow up work is needed, prepare a report and forward it to the detectives and advise the plaintiff of that.

Protective Orders:

1. Check the statewide warrants system for the respondent's (suspect's) name.
2. The name will be on the system (with PO) next to it.
3. Obtain the information on the computer. It could have various entries.
4. If a Protective Order has been issued and served, that information will be available, usually under the comments section.
5. If the PROTECTIVE ORDER has been issued and NOT SERVED, the Ex Parte', served previously is extended and is STILL IN EFFECT.
6. Arrest the suspect for a violation of the protective order, if the elements are present. The provisions of the protective order are listed. Violations of the provisions (usually the first 10) are a Class A Misdemeanor, 76-5-108, UCA.
7. If the suspect has left and an arrest does not occur, prepare a report with all the facts of the violation, including evidence and witnesses. Prepare a fact sheet and send it to the follow up detectives. They will review the report and get it to the District Attorney.
8. If the suspect has left and an arrest does not occur, and the elements are not clear, or follow up up work is needed, prepare a report and forward it to the detectives and advise the plaintiff of that.

Ex Parte' Civil Stalking Injunction & Permanent Civil Stalking Injunction:

1. Check the statewide warrants system for the respondent's (suspect's) name.
2. The name will be on the system (with PO) next to it.
3. Obtain the information on the computer. It will identify the order as a CIVIL STALKING INJUNCTION. It could also have various entries.
4. If an Ex Parte' Civil Stalking Injunction has been issued and served, that information will be available, usually under the comments section.
5. A Permanent Criminal Stalking Injunction shall be issued automatically if the respondent (suspect) does not request a hearing within 10 days following the service of the Ex Parte' Civil Stalking Injunction. It remains valid for THREE YEARS after the service of the service of the Ex Parte' Civil Stalking Injunction.
6. If a hearing is requested, the court may modify, revoke, or continue the injunction. If the Injunction is issued, that information will be available on the statewide system. It is also valid for THREE YEARS after the service of the Ex Parte' Civil Stalking Injunction.
7. Arrest the suspect for a violation of an Ex Parte' or permanent Civil Stalking Injunction, if the elements are present. The provisions of the injunction are listed. (Usually forbidding the suspect to stalk the victim, ordering the suspect to stay away from protected address and making any contact with the victim.) Violations of the injunction are a Class A Misdemeanor, 76-5-106.5(3) UCA. Penalties can be enhanced.
8. If the suspect has left and an arrest does not occur, prepare a report with all the facts of the violation, including evidence and witnesses. Prepare a fact sheet and send it to the follow up detectives. They will review the report and get it to the District Attorney.
9. If the suspect has left and an arrest does not occur, and the elements are not clear, or follow up work is needed, prepare a report and forward it to the detectives and advise the plaintiff of that.

Civil Process

Captain Jon Fassett

Contacts

  • 385.468.9758
  • 385.468.9736
  • Unified Police Department
    3365 South 900 West
    Salt Lake City, Utah 84119

Business Hours

  • Monday-Friday: 8am to 4:45pm
  • Saturday: Closed
  • Sunday: Closed
  • Holidays: Closed

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