Married couples separate for many reasons. Divorces in Utah don’t have to be convoluted, but when there is domestic violence involved, it’s important to take legal action. If your spouse has threatened to harm you or your children, or when there is a history of domestic violence, you need to be a step ahead. You can talk to a Salt Lake City domestic violence lawyer to get a restraining order, which will prevent your spouse from harassing or contacting you further. You can get an “ex-parte” order, which would be valid from the time it is issued until the final hearing. Here are some key pointers worth knowing about getting divorced in Utah.
The basics
Utah allows for both no-fault and fault-based divorces. If you have irreconcilable differences with your spouse, you can use that as a ground for a no-fault divorce. Fault-based grounds like adultery, incurable insanity, and even willful desertion are also grounds for divorce. There is a 90-day window that’s the minimum time you must wait for a divorce in the state, although most divorces take longer.
Understanding restraining orders
A restraining order is a civil order, and if someone violates a restraining order, they are subject to civil remedies. Although restraining orders are often confused with protective orders, there are differences. A protective order is enforced by law enforcement, and if someone violates a protective order, there are consequences as it is a criminal offense. While you can get a temporary protective order on your own through online resources, you may want to hire an attorney, depending on what you are dealing with. If you believe that your life is in danger or you expect your spouse to harm you, getting a protective order is always a wise idea.
Getting a protective order
Once you request a protective order in Utah, the court will consider whether it is necessary to issue a temporary protective order, and if it does, the hearing will be scheduled within 21 days from the date of issuing the order. What if your request is denied? You can complete the form for “Request for Hearing” and must come up with evidence to demonstrate why a protective order should be issued. If you have already filed a divorce, you may not need to get a separate protective order, but it also depends on the circumstances. Because a temporary protective order gives time to you and your spouse, you can always use that to rethink your options.
You can also get a permanent protective order, which will be valid for at least three years, following which it can be extended.
