Restraining Order vs. Protective Order in Utah: What's the Difference?
General information, not legal advice. Read the full disclaimer.
Short answer: In Utah, what most people call a "restraining order" against an abuser is legally a protective order. Utah Courts says it directly: some people call it a restraining order, "but the legal term is protective order." A temporary restraining order (TRO) is a different tool: a short-term emergency order — lasting no more than 14 days — that you can ask for only inside an already-open court case (like a divorce or custody case) under Utah Rule of Civil Procedure 65A. Using the wrong term won't sink your request, but filing the wrong type of case can.
Who this guide is for
Anyone in Utah who needs protection from another person and has searched for a "restraining order," or who has been served with one and wants to understand what it is.
The Utah terms
| What people say | What it is in Utah |
|---|---|
| "Restraining order" against an abusive partner or family member | A cohabitant abuse protective order |
| "Restraining order" against a dating partner | A dating violence protective order |
| "Restraining order" against a stalker | A civil stalking injunction |
| "Restraining order" after a sexual assault | A sexual violence protective order |
| "Restraining order" to protect a child from abuse | A child protective order (filed in juvenile court) |
| "Emergency restraining order" in a custody or divorce case | A temporary restraining order (TRO) under Rule 65A |
Types of protective orders and who qualifies
According to Utah Courts:
- Cohabitant abuse protective order: for people who are or were married, lived together, were in a sexual relationship, are related, or have children together. The petitioner must be 16 or older.
- Dating violence protective order: for a romantic or intimate relationship that doesn't meet the cohabitant definition. The petitioner must be 18 or older or emancipated. See Utah Dating Violence Protective Orders.
- Sexual violence protective order: for victims of listed sexual offenses.
- Child protective order: for a minor who is physically or sexually abused, subject to a sexual offense, or subject to human trafficking; petitions are filed in juvenile court.
- Civil stalking injunction: for stalking that doesn't fit a protective order. See Civil Stalking Injunction vs. Protective Order in Utah: Choosing the Right One.
MyPaperwork, the court's online tool, asks about your relationship to the other person and points you to the order you may be eligible for.
How a protective order works
- Where to file: the district court in the county where either you or the respondent lives, or where the events occurred.
- Cost: Utah Courts says "there is no filing fee or cost for the court forms to ask for a protective order."
- Temporary (ex parte) order: a judge usually decides on the same day the request is filed. If granted, it generally lasts until a hearing, which must be scheduled within 21 days.
- Final order: after the hearing, the court may issue a three-year final protective order.
See How to File for a Protective Order in Utah for the full process and Modifying or Ending a Utah Protective Order if circumstances change.
How a TRO is different
A TRO is a short-term emergency order that Utah Courts says "should only be used for extreme circumstances." Differences from a protective order:
- You need an open case. A TRO only exists inside an underlying civil, divorce, or custody case. A protective order is its own case.
- A higher showing. For a TRO you must show irreparable harm without the order, that the harm outweighs the harm to the other party, that the order isn't against the public interest, and that you're very likely to win the underlying case.
- Short duration. A TRO can last no more than 14 days, with a hearing set as soon as possible.
- Other uses. A TRO can also order, for example, a landlord to restore access after an illegal lockout, or someone to stop destroying or selling property.
- Cost and bond. The court may require a deposit or security bond.
Utah Courts states that a TRO is not the same as a protective order for domestic violence or stalking. See Emergency and Temporary Custody Orders in Utah: What Your Options Are for how TROs are used in custody cases.
The automatic injunction in divorce and custody cases
When a divorce or custody case is filed, the court automatically issues a Domestic Relations Injunction covering money, insurance, travel, and communication with the other parent. It's not a protective order and doesn't replace one if you need protection from abuse.
If you've been served
A protective order or injunction has legal force once you receive it. Following it matters even if you disagree; see What Happens When a Utah Protective Order Is Violated and Modifying or Ending a Utah Protective Order.
Frequently asked questions
Is a restraining order the same as a protective order in Utah?
For abuse situations, people use "restraining order" informally, but Utah's legal term is protective order. A "temporary restraining order" is a separate emergency tool inside an existing case.
Does it cost money to get a protective order in Utah?
Utah Courts says there is no filing fee or cost for the court forms to ask for a protective order.
How long does a Utah protective order last?
A temporary order lasts until the hearing (scheduled within 21 days). After the hearing, the court may issue a three-year final order.
Can I get a TRO without a court case?
No. A TRO requires an open underlying case. If no case is open, other routes (protective order, law enforcement, DCFS for a child at risk) apply.
Which order do I need if I was dating someone and never lived with them?
A dating violence protective order may apply (petitioner 18 or older or emancipated); if you aren't eligible, a civil stalking injunction may be an option.
Where do I start?
The court's MyPaperwork tool and the Self-Help Center can help you choose the right order without a lawyer.