Ex Parte Restraining Orders

Ex Parte, Protective Orders, and Stalking Injunctions can be served by a law enforcement officer at any time. See How to Serve for further information.

Papers must be brought to Justice Services Division at the Davis County Sheriff's Office, located at 800 West State Street, Farmington, Utah 84025. The papers may be mailed with the required fees. The fees are determined by the type of process requested and the mileage traveled to serve the papers. These fees can be calculated by calling the Civil Section at 801-451-4103. Refer to Fee Schedules for further information.

"Any cohabitant, or any child residing with a cohabitant, who has been subjected to abuse or domestic violence, or to whom there is a likelihood of immediate danger of abuse or domestic violence, may seek an ex parte protective order, whether or not that person has left the residence or premises." 30-6-2 (1) Utah Code Annotated

PROTECTIVE ORDER

Protective orders often require removing a spouse, or other party from their home, and the confiscation of firearms from the parties involved. Due to the nature of "ex parte", this is often a surprise for the spouse, and thus potentially dangerous. Notice is given to the respondent (person to whom the paper is directed to) to "keep away" and or have "no contact" with the other party.

These papers are served at no cost to the petitioner. The highest priority is placed on protective orders to be served.

EX PARTE CIVIL STALKING INJUNCTION

What is "Stalking"?

Stalking involves one person's obsessive behavior toward another person. The stalker's actions may be motivated by an intense affection for or an extreme dislike of the victim. Stalking will usually take the form of annoying, threatening or obscene phone calls or letters. The calls may start with one or two a day but can quickly escalate. Stalkers will conduct covert surveillance of the victim, following every move the target makes. Even the victim's home may be staked out. These abusers often rationalize their inappropriate behavior by blaming the victim.

A Civil Stalking Injunction requires that a petition be filed in the District Court where either party resides or any of the events occurred. It may enjoin stalking; restrain from coming near designated persons or locations; restrain from contacting in any way petitioner and designated others; and award any other relief necessary or convenient for protection.

These papers are served at no cost to the petitioner.

"Any person who believes that he or she is the victim of stalking may file a verified written petition for a civil stalking injunction against the alleged stalker with the district court in the district in which the petitioner or respondent resides or in which any of the events occurred. A minor with his or her parent or guardian may file a petition on his or her own behalf, or a parent, guardian, or custodian may file a petition on the minor's behalf."