What are the grounds for a restraining order?
In Utah, a restraining order (also known as a “protective order”) is a court order that prohibits a person from engaging in an act of violence, harassment, or threats toward another person. To obtain a restraining order, the person filing the order must establish that certain grounds exist. One ground for a restraining order is domestic abuse. Domestic abuse can include physical, sexual, or psychological abuse, as well as stalking, threats of violence, or intimidation. If the person filing the restraining order can demonstrate that they are in immediate and present danger of domestic abuse, they may be able to obtain a restraining order. Another ground for a restraining order is unlawful activity. This includes activities that are either criminal or tortious in nature, such as assault, criminal mischief, or intentionally damaging someone’s property. In this case, the person filing the restraining order must demonstrate that the other person is engaging in an activity that constitutes a criminal or tortious act. Finally, a restraining order may be issued if the other person is engaging in activities that constitute harassment. Harassment includes any behavior that is intended to annoy, harass, or otherwise disturb the person filing the restraining order. This behavior may include repeated phone calls, emails, written correspondence, or other unwanted contact. If any of these grounds exist, a court may issue a restraining order to protect the safety of the victim and prevent further harm. It is important to note that a restraining order may be issued without notice to the person being restrained, so it is essential to take all necessary precautions to ensure safety and security.
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