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Legal Information: Utah

Restraining Orders

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November 19, 2020

Can two people have protective orders against each other (mutual orders)?

When two people have protective orders issued against each other, this is often referred to as “mutual orders.” A court can only grant mutual orders if each person:

  • files an independent petition against the other for a protective order, and both petitions are served (in other words, if only one person files a petition, a judge can’t decide to issue mutual orders as a result of that one petition);
  • proves at a hearing that the other person committed abuse or domestic violence; and
  • proves that the abuse or domestic violence committed by the other person was not self-defense.1

However, if the person filing for a protective order is already the respondent (or criminal defendant) on an existing dating violence protective order, cohabitant abuse protective order (from Utah or another state), a child protective order, or ex parte child protective order, the following additional restrictions apply before the order can be issued:

  1. the case must be heard in the same court that issued the existing protective order; or
  2. if the case is being heard in a different court, the judge must:
    • determine that it would be impractical for the original court to hear the case; or
    • contact the court that issued the original protective order to discuss the matter.2

1 UT ST § 78B–7–108(1)
2 UT ST § 78B–7–108(3)