Civil vs criminal protective orders in Utah
A civil protective order in Utah is one a person asks the court for, in their own case, and can ask to dismiss. A criminal protective order is issued by the judge in a criminal case after an arrest or charge, the victim does not request or control it, and it lasts as long as the case does or, after a domestic violence conviction with jail time, permanently. Both bar contact, and violating either is a crime.
Most people do not know there are two tracks until they are on one. Someone calls the police, an arrest happens, and the next morning there is a no-contact condition nobody asked for. Or someone files a petition at the courthouse and gets an order the same day. Both are protective orders. They start differently, end differently, and answer to different people.
If you are in danger right now, call 911. The Utah Domestic Violence Coalition's LINKLine is free, confidential, and open 24 hours: call or text 1-800-897-5465.
Last checked: October 19, 2026, against Utah Code Title 78B, Chapter 7, and the Utah Courts' self-help pages. This is general information, not legal advice.
The civil track
A civil protective order starts with a petition. The person who needs protection files it, there is no fee, and a judge usually reviews it the same day. If granted, a temporary order issues without the respondent present, and a hearing follows within 21 days where both sides are heard.
The petitioner is in the driver's seat in ways that matter. They choose whether to file. They can ask the court to dismiss the order at any time, and the court holds a hearing. They can move to extend it before it expires. What they cannot do is withdraw the petition without the court's approval or informally waive the order. A respondent who makes prohibited contact can be arrested even if the petitioner invited it.
The main civil orders are the cohabitant abuse order, the dating violence order, the sexual violence order, the child protective order, and the civil stalking injunction. Our overview of protective orders in Utah explains each. Most last three years.
A cohabitant abuse order has two parts. Violating the criminal part, such as contact or stay-away terms, is a class A misdemeanor. Violating the civil part, such as temporary custody, is contempt of court. So even a civil order carries criminal consequences for the respondent. That is the source of much of the confusion.
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Open the savings toolThe criminal track
A criminal protective order starts with an arrest or a charge, not a petition. There are three stages.
Jail release. When someone is arrested for domestic violence, the conditions of release already bar contact with the alleged victim, threats and harassment, and entering the victim's residence except with a police officer to collect belongings. These conditions expire at midnight after the earliest of the first court appearance, the prosecutor's decision not to file, or 30 days after the arrest.
Pretrial protective order. When a person is charged with a qualifying offense, which includes domestic violence, offenses against a child or vulnerable adult, sexual offenses, and stalking, the court must decide at the first appearance whether a pretrial protective order is needed and put its findings in writing. The order can bar threats, abuse, and contact, remove the defendant from the residence, set stay-away terms, and require electronic monitoring. Where the parties share children, it can name a person chosen by the victim to carry communication for family matters and can allow limited contact to arrange visits. It lasts until the case is dismissed, the court dismisses the order, or a sentencing order replaces it.
Sentencing and continuous orders. If the case ends in a plea in abeyance or probation, the court can make a sentencing protective order a condition, including a firearms ban and surrender of weapons. If a domestic violence conviction results in jail or prison time, the court must issue a continuous protective order unless it finds, after a hearing, by clear and convincing evidence, that the victim has no reasonable fear of future harm. A continuous protective order is permanent. It can be modified or dismissed only on that same clear and convincing finding.
The victim does not request any of these and cannot drop them. The prosecutor and the court decide. A victim can, separately, petition the district court for a continuous protective order at any time.
Side by side
| Civil protective order | Criminal protective order | |
|---|---|---|
| Who starts it | The protected person, by petition | The court, after an arrest or charge |
| Fee | None | None |
| Who controls it | The petitioner can ask to dismiss or extend | The criminal court and prosecutor |
| Hearing | Within 21 days, both sides heard | At the criminal case's appearances |
| How long | Usually 3 years, extendable | The life of the case, or permanent after a DV conviction with jail time |
| Violation | Class A misdemeanor for criminal terms, contempt for civil terms | Class A misdemeanor, or third degree felony if the underlying charge was a felony |
| Children | Can set temporary custody and parent-time | Can name a go-between and allow limited contact for visits |
Having both at once
The two tracks run independently. Utah law says a person is not barred from seeking a civil protective order because other proceedings are pending, and a court may not delay a civil order because a civil action between the parties is pending. A criminal case can end in dismissal while a civil order stays in force, and a civil order can expire while a continuous criminal order remains permanent.
If you are subject to both, follow the stricter term wherever they differ. If you hold both, keep copies of each and know which court to go to for which question.
Where this touches mediation
Neither kind of order is mediated. A civil cohabitant abuse petition cannot be sent to mediation by the court, and a criminal order is a condition of a criminal case. If a divorce or custody case is running alongside, the mediation requirement in that case can be excused for good cause, and any contact a session would require has to be authorized by the court that issued the order. Our guide on mediation when there is a protective order covers it. If you have been served with either kind, our guide for the person on the receiving end is the place to start.
Where to get help
- Emergency: 911.
- Utah Domestic Violence Coalition LINKLine, 24 hours, call or text: 1-800-897-5465.
- National Domestic Violence Hotline: 1-800-799-7233, or text START to 88788.
- Legal Aid Society of Salt Lake for Salt Lake County, Utah Legal Services, and the Timpanogos Legal Center hotline at 801-649-8895.
Common questions
What is the difference between a protective order and a no-contact order in Utah?
In everyday use, a no-contact order usually means the criminal kind: a jail release condition or a pretrial protective order issued in a criminal case. A civil protective order is one the protected person asked a court for. Both bar contact. The civil one is controlled by the person who asked for it. The criminal one is controlled by the criminal court and the prosecutor.
Can the victim drop a criminal protective order?
No. A pretrial order ends when the case is dismissed, the court dismisses the order, or a sentencing or continuous order replaces it. A continuous protective order after a domestic violence conviction is permanent and can be modified or dismissed only if the court finds by clear and convincing evidence that the victim has no reasonable fear of future harm. The victim's wishes are heard but do not decide it.
Can I have both a civil and a criminal protective order?
Yes. They come from different cases and do different jobs. Utah law says a person is not barred from seeking a civil protective order because other proceedings are pending, and a court may not delay a civil order because a civil action between the parties is pending. The terms of each order apply independently.
Sources
- Utah Code §78B-7-801 and 802, jail release conditions, §78B-7-803, pretrial protective orders, §78B-7-804, sentencing and continuous protective orders, §78B-7-806, penalties
- Utah Code §78B-7-109, other proceedings do not bar or delay a civil order, §78B-7-607, penalties for violating a cohabitant order, §78B-7-609, no court-ordered mediation
- Utah Courts, Protective Orders
- Utah Domestic Violence Coalition and National Domestic Violence Hotline
David Ring III
Mediator and founder of Salt City Mediation LLC. Founder of EmpathEase, an app for practicing empathy and Nonviolent Communication. Completed Utah Dispute Resolution's 40-hour mediation training in 2026.