Civil Stalking Injunction

What is stalking?

A judge can grant an order that tells one person (respondent) to stop stalking another person (petitioner) if the respondent did the following towards the petitioner:

• The respondent directly, indirectly, or through someone else
  • followed,
  • monitored,
  • observed,
  • photographed,
  • surveilled,
  • threatened,
  • communicated to or about the petitioner, or
  • interfered with the petitioner's property
  using any action, method, device, or means;

or

• The respondent engaged in or caused someone else to engage in any of the following acts:
  • approached or confronted the petitioner;
  • appeared at petitioner's workplace or contacted petitioner's employer or co-workers;
  • appeared at petitioner's home or contacted petitioner's neighbors or entered property owned, leased, or occupied by the petitioner;
  • sent material to the petitioner by any means for the purpose of obtaining or disseminating information about the petitioner to a family member, household member, employer, co-worker, friend, or associate;
  • placed an object on or delivered an object to property owned, leased, or occupied by the petitioner or to petitioner's place of employment with intent that the object be delivered to the petitioner; or
  • used a computer, the Internet, text messaging, or any other electronic means.

The respondent had to do the behavior two or more times, and in a way that would cause a reasonable person to suffer emotional distress or to be afraid for the person's own safety or the safety of someone else. See Utah Code Section 76-5-106.5.

In addition to the statements in the Request for Civil Stalking Injunction, the petitioner must provide other evidence of stalking, like police reports, sworn statements from witnesses, audio or video tapes, other records, photos and letters.

 

What is a civil stalking injunction?

A civil stalking injunction is a court order that tells the respondent that they may not stalk the petitioner, may not contact or go near the petitioner, and may not go near others who are listed in the injunction.

If the petitioner and respondent have children together, the order may also address child custody and parent-time issues to ensure the safety of the victim and any minor children. If the court issues a stalking injunction, but decides not to address custody and parent-time issues, a copy of the stalking injunction shall be filed in any action in which custody and parent-time issues are being considered and that court may modify the injunction to balance the parties' custody and parent-time rights.

A person who disobeys a civil stalking injunction may be arrested and prosecuted for the crime of stalking or may be held in contempt of court.

 

Filing a civil stalking injunction case

Is someone stalking you? You can file a Request of Civil Stalking Injunction. If you are a minor, you can file on your own, or ask a parent, guardian, or custodian to file for you.

File in district court. File either where:

• you or the respondent reside,
• where you are temporarily staying, or
• where the events occurred.

Here are the papers you need to file:

• Request for Civil Stalking Injunction
• Service Assistance Form
• Temporary Civil Stalking Injunction
• Civil Stalking Injunction
• Request for Hearing on Civil Stalking Injunction
• Proof of stalking, this can include:
  • Police reports
  • Statements from witnesses
  • Audio or video tapes
  • Photos
  • Letters

You do not have to pay anything to ask for a civil stalking injunction.

The judge will review your request and your proof. They will either grant a temporary civil stalking injunction or deny your request.

 

If the temporary civil stalking injunction is granted

If the court finds there is a good reason for granting the injunction, the court will issue a temporary order. This is called an "ex parte" order. It means the court made the decision without hearing from the respondent. If the respondent is in Utah, the sheriff or constable will give (serve) a copy of the order to the respondent, and the order becomes effective once it is served. If the respondent is outside of Utah, the petitioner must arrange for service of the order.

The order tells the respondent that they have 10 days after being served in which to request a hearing if they want to dispute the order. If the respondent requests a hearing, the court will notify the petitioner of the hearing date.

 

Respondent's request for hearing

Within 10 days

If the respondent requests a hearing within the 10 days of being served with the temporary civil stalking injunction, the petitioner must prove to the court why the stalking injunction is needed. The petitioner should bring whatever they will need to prove their case, such as:

• witnesses
• photos
• police reports
• letters
• emails
• phone messages

The judge will listen to both sides and then will decide whether to dismiss the temporary stalking injunction, make the temporary injunction a civil stalking injunction which will last for three years, or modify (change) the temporary injunction, and make it effective for three years.

After 10 days

The respondent may ask for a hearing at any time after the 10 day time frame, but the respondent must prove to the court why the stalking injunction should be dismissed.

The judge will listen to both sides and then will decide whether to dismiss the civil stalking injunction or not.

 

If the respondent does not request a hearing

If the respondent does not request a hearing within 10 days of being served with the temporary civil stalking injunction, the temporary injunction automatically becomes a civil stalking injunction.

The civil stalking injunction will be in effect for three years from the date of service of the temporary injunction. The respondent will not receive additional notice that the temporary order has turned into a civil stalking injunction.

 

If the request for a civil stalking injunction is judge denied

If the judge determines that the petitioner's request for a civil stalking injunction does not meet the requirements in the law, s/he will deny the request. The order denying the request will explain the reason(s) that the request was denied.

 

Asking to dismiss the injunction

The petitioner can ask the court to dismiss the temporary or permanent stalking injunction at any time.

The respondent can ask to dismiss the temporary or permanent by requesting a hearing as described in the Respondent's request for hearing section above.

 

Appeal

If the petitioner or respondent believes the judge made a legal mistake in denying or granting the civil stalking injunction, they can file an appeal. See the court's Appeals page for information and forms.

 

Forms

• How to file your request for a stalking injunction by email

Forms to ask for a civil stalking injunction

You can use the forms listed below, or put together the forms using OCAP, the Online Court Assistance Program.

• 1078XX
• 1049XX
• 1082XX
• 1083XX
• 1084XX

Forms for the respondent to ask for a hearing

• 1084XX
• 1085XX
• 1086XX

Forms for the petitioner to ask to dismiss a civil stalking injunction

• 1087XX
• 1086XX

Court Use Only

• 1088XX
  (court use only)