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266 East 500 South
Salt Lake City, UT 84111

Civil Stalking Injunction Hearings

Darren M. Levitt represents individuals who are served with a Temporary Civil Stalking Injunction issued on an Ex Parte basis. These orders are issued without any notice to the Respondent. After being served with the Temporary Hearing, the respondent may only have a short time to prepare for the final hearing.

Protection orders are issued predominantly issued against men. The orders have serious consequences because they become a public record that show up in even the most basic background checks. These restraining orders can prevent the Respondent from:

  • Living in his home;
  • Seeing his children;
  • Owing or possessing a firearm or deadly weapon;
  • Contacting the Petitioner either directly or indirectly.

The person who files the request for Civil Stalking Injunction for protection is called the "petitioner." The person who must defend against the action by responding to the allegations of stalking is called the "respondent." Darren M. Levitt is a defense attorney that represents only the "Respondent" in these types of cases.

Salt Lake City Civil Stalking Injunction Hearing Attorney

Levitt Legal, PLLC will defend you at the return hearing by presenting evidence, calling you to testify if you wish, calling other witnesses to testify, and cross examining the Petitioner and witnesses called by the Petitioner. With what you stand to potentially lose, it may be in your best interests to go into the hearing prepared and represented by an attorney.

Call 801-455-1743 or send an online message to discuss your impending civil stalking injunction hearing with Darren M. Levitt. He can help you understand the situation you face and begin building a solid strategy for your hearing. Levitt Legal represents clients throughout Salt Lake County, Summit County, Davis County, and the surrounding communities in misdemeanor and felony stalking cases.

Civil Stalking Injunction Information Center

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Issues for the Stalking Injunction Hearing

Under Utah law, the judge can only grant a stalking injunction if it is "more probable than not" that the Respondent did three things:

  • The Respondent stalked the Petitioner, two or more times. “Stalked” means the Respondent stayed physically or visually close to the respondent, made written or verbal threats to the Petitioner, or did something that was threatening ("stalking" is defined under Utah Criminal Code §§ 76-5-106.5 and 77-3a-101- 103).
  • The Respondent knew or should have known that the stalking would cause the Petitioner fear that the Petitioner or a family member could be emotionally distressed or physically hurt, or that a reasonable person would be afraid of being emotionally distressed or physically hurt, and
  • The stalking incidents made the Petitioner or an immediate family member fearful that the Petitioner would be hurt or caused the Petitioner or the family member to be emotionally distressed. An “immediate family member” means the Petitioner's spouse, sibling, child, or any other person who lives with the Petitioner now, or who lived with the Petitioner within the past 6 months.

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Evidence Other than the Petitioner's Statements

The Petitioner should provide more than just his or her own statements. Other evidence of stalking would include physical evidence such as police reports, audiotapes, letters, photos, or sworn statements from witnesses.

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The Civil Stalking Injunction Hearing

If the Court grants the temporary hearing, then a return hearing will be scheduled. At the hearing, the Court will review the Request for Civil Stalking Injunction and do one of the following under Utah Code §77-3a-101:

  • receive argument and evidence;
  • accept the stipulation of the parties;
  • enter the default of the Respondent for failure to appear; or
  • find that there is reason to believe that stalking has occurred and that the Respondent is the stalker and issues orders accordingly.

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Consequences of the Civil Stalking Injunction

The civil stalking injunction is an official court order. No one except the court can change it. If the Respondent disobeys the order, the court may the Respondent to be in contempt. Additionally, the Respondent may also be arrested and prosecuted for the crime of stalking and any other crime committed in disobeying this order.

The civil injunction issued in Salt Lake City or the State of Utah is valid in all 50 U.S. States and the territories of the United States, the District of Columbia, and tribal lands. If the Respondent leaves the State of Utah in order to violate the civil stalking injunction then a federal judge can sentence the Respondent to prison.

Under state and federal law, the Respondent can not possess any guns or firearms. It is a federal crime for the Respondent to possess, have, ship, transport, or receive any ammunition or firearm, including hunting weapons, while this civil stalking injunction is in effect. (See the Violence Against Women Act of 1994, 18 U.S.C. §§ 2265, 2262, 18 U.S.C. § 922(g)(8)).

The Respondent must obey all orders initialed by the judicial officer. Violation of the civil stalking injunction is a criminal Class A Misdemeanor, punishable by up to one year in jail and a fine. A second or subsequent violation can result in more severe penalties.

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Personal Conduct Order for Utah's Civil Stalking Injunction

The order will require the Respondent not to "stalk" the Petitioner. This means the Respondent must not harass, annoy, follow, threaten, or cause distress to the Petitioner. The legal definition of stalking is found in Utah's Criminal Code Sections 76-5-106.5 and 77-3a-101.

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No Contact Order for Utah's Civil Stalking Injunction

In a civil stalking injunction, the Court can enter a personal conduct order that prevents the Respondent from contacting the Petitioner or the Petitioner's family member through any direct or indirect means including:

  • text
  • mail
  • telephone calls
  • e-mail messages
  • social media sites
  • communication through any third person.

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"Stay Away Order" for Utah's Civil Stalking Injunction

In the civil injunction for protection against stalking, the Court can enter a "stay away order" that prevents the Respondent going near the Petitioner's vehicle or from going to the Petitioner's home, work, school, day care facility, church, or other place.

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Jurisdictional Issues for Stalking Injunctions in Utah

The petition for the injunction should be made in the county in which the Petitioner lives or the county in which the stalking incidents occurred. In fact, the Petitioner must swear or affirm the following:

  • The Petitioner has read the Request for Civil Stalking Injunction;
  • The Petitioner is a victim of stalking and believes the Respondent is the stalker; and
  • The Petitioner lives in the county in which the request is made or that the stalking incident took place in that county.

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Additional Information in the Stalking Injunction Request

The standard form for a civil stalking injunction requests the following information from the Respondent:

  • Description of the make, year, color and license plate number of the Respondent’s vehicle.
  • Whether the Respondent has used firearms or weapons or been violent in the past?
  • Whether the Respondent is a government investigator, law enforcement officer, or licensed private investigator?

The standard form for a civil stalking injunction asks the Petitioner to describe the incidents of stalking in detail including:

  • When and where did the stalking incident happen;
  • Whether the stalking incidents were reported to anyone;
  • The names of any witnesses who witnessed the stalking incident;
  • List of physical evidence that might support the allegation of stalking including audiotape, telephone records, text messages, statements on social media sites, photos, police reports, transcripts, or sworn statements from witnesses;
  • Description of what the alleged stalker did and why it made the Petitioner or the Petitioner's family member fearful of physical harm or causes them to suffer emotional distress.
  • Description of why the conduct would make a reasonable person afraid of being physically harmed or feel emotionally distressed;
  • Whether there are any other Court orders to the Respondent about stalking; and
  • Whether the Petitioner or Respondent have ever been involved in any other court case involving either of them.

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Denial of a Civil Stalking Injunction in Utah

The Court may deny the Request for a Civil Stalking Injunction for one of the following reasons:

  • The Court does not have jurisdiction because neither party resides nor did the events happen in this county.
  • Corroborating documents are missing.
  • The Petitioner did not describe the specific events and dates of the alleged stalking.
  • The events described by the Petitioner were not stalking because either the incidents were not repeated, or the Respondent did not maintain visual or physical closeness to the Petitioner, or the Respondent did not make any threats, and no threats were implied by Respondent’s conduct.

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Levitt Legal, PLLC | Civil Stalking Injunction Lawyer in Salt Lake City

A dedicated defense attorney can make all of the difference if you are facing a hearing for a civil stalking injunction. As a Salt Lake City defense attorney, Darren M. Levitt works hard to represent clients in all matters related to stalking offenses, including civil injunction hearings. Call 801-455-1743 for a free, comprehensive consultation about your unique case.

Levitt Legal - Criminal Defense Attorney in Salt Lake City, Utah
266 East 500 South
Salt Lake City, UT 84111
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The information provided on this site is for general information purposes only. The information you obtain at this website is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your own individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Use of this website or submission of an online form, does not create an attorney-client relationship.

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