A Utah civil stalking injunction is a court order you request yourself, with no filing fee, that bars another person from following, contacting, or coming near you. A judge can sign a temporary version the same day you file. Once the respondent is served and the 10-day window to demand a hearing passes without one, the order runs for three years, and violating it is a class A misdemeanor.
What Counts as Stalking
Utah law defines stalking as a “course of conduct,” meaning two or more acts directed at a specific person. The acts can include following, monitoring, photographing, showing up at your home or workplace, sending unwanted messages or objects, or using a computer, text messaging, or any other electronic method to harass you. They can be done directly, through a third party, or through any device.1Utah Legislature. Utah Code 76-5-106.5 – Stalking Definitions Injunction Penalties Duties of Law Enforcement Officer
The test the judge applies is whether the behavior would cause a reasonable person to fear for their safety or suffer emotional distress. You do not have to prove the respondent meant to frighten you. What matters is how a reasonable person in your position would react to the pattern.1Utah Legislature. Utah Code 76-5-106.5 – Stalking Definitions Injunction Penalties Duties of Law Enforcement Officer
There is no relationship requirement. The person stalking you can be an ex, a coworker, a neighbor, or a stranger.
Evidence You Need
The most common reason these petitions fail is thin documentation. “They kept showing up” will not carry a hearing. For each incident, write down the date, time, location, and what happened. Save text messages, voicemails, emails, social media posts, call logs, and any photos or video that show the respondent’s behavior. Screenshots should capture timestamps and sender information. GPS records, “Find My” app data, or photo metadata that corroborate when and where an encounter occurred all strengthen your case. Arrange everything in chronological order so the pattern is visible on a first read.
Where and How to File
You file in district court. You can choose the county where you live, where the respondent lives, where you are temporarily staying, or where the stalking happened. There is no filing fee.2Utah Judiciary. Civil Stalking Injunction
The form is the Request for Civil Stalking Injunction. You can complete it through the Utah Online Court Assistance Program (OCAP), which asks questions and fills the form in for you, or download it directly from the Utah Courts website. Before you start, collect the respondent’s full legal name, current address, physical description, workplace, and vehicle details including make, model, and license plate. That information helps the sheriff locate the respondent and lets the court name specific places in the stay-away order.
Describe each incident in the petition with what happened, when and where, and how it affected you. The judge reads the document without any background on your situation, so specifics carry the weight.
Service, the Temporary Order, and the Hearing Window
After you file, a judge reviews your petition ex parte, meaning without the respondent present. If the judge finds enough evidence to believe stalking has occurred, they sign a temporary ex parte civil stalking injunction. It takes effect the moment the respondent is served.3Utah Legislature. Utah Code 78B-7-701 – Ex Parte Civil Stalking Injunction Civil Stalking Injunction
Service has to be done by a sheriff or constable. You cannot serve the papers yourself. If the respondent is out of state, you will need to arrange service where they are.2Utah Judiciary. Civil Stalking Injunction Until service happens, the order exists on paper but police cannot enforce it, so accurate address and workplace information matters.
Once served, the respondent has 10 days to request an evidentiary hearing in writing. If no request comes in that window, the temporary order automatically converts into a civil stalking injunction that runs three years from the date of service, with no further notice to the respondent.3Utah Legislature. Utah Code 78B-7-701 – Ex Parte Civil Stalking Injunction Civil Stalking Injunction
If the respondent does request a hearing, both sides present evidence and testimony. The judge can dismiss the case, issue the full three-year injunction, or modify the terms. Because this is a civil proceeding, neither side gets a court-appointed attorney. You can hire one, and so can the respondent. After the hearing, the court can order either party to pay costs and reasonable attorney fees.3Utah Legislature. Utah Code 78B-7-701 – Ex Parte Civil Stalking Injunction Civil Stalking Injunction
What the Injunction Can Restrict
The court can tailor the order to your situation. Common provisions include:
- A blanket prohibition on stalking conduct.
- Stay-away orders covering your home, workplace, school, or other specific locations.
- A ban on all contact, including phone calls, texts, letters, emails, social media messages, and indirect contact through third parties.
- Any other protective measure the judge finds necessary; the statute gives broad discretion.3Utah Legislature. Utah Code 78B-7-701 – Ex Parte Civil Stalking Injunction Civil Stalking Injunction
The workplace provision is worth asking for explicitly if the respondent knows where you work. The court can bar them from the location and from contacting your employer or coworkers.
What Happens If the Respondent Violates It
Violating a civil stalking injunction is itself the crime of stalking. A first offense is a class A misdemeanor.1Utah Legislature. Utah Code 76-5-106.5 – Stalking Definitions Injunction Penalties Duties of Law Enforcement Officer The maximum jail sentence is one year,4Utah Legislature. Utah Code 76-3-204 – Misdemeanor Conviction Term of Imprisonment and the maximum fine is $2,500.5Utah Legislature. Utah Code 76-3-301 – Fines of Individuals Once the order is in place, police have a clear basis to arrest on any breach of its terms.
Firearms: A Narrow Federal Rule
Federal law bars people subject to certain protection orders from possessing firearms or ammunition, but the rule is narrower than many people assume. Under 18 U.S.C. ยง 922(g)(8), the order must have been issued after a hearing where the respondent had notice and a chance to participate, and it must restrain the respondent from harassing, stalking, or threatening an “intimate partner” or their child.6Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
Intimate partners are defined as current or former spouses, people who live or have lived together romantically, and people who share a child. If the person stalking you is a stranger, neighbor, or acquaintance outside that definition, the federal firearms ban likely does not attach to your injunction. The order also has to include either a finding that the respondent poses a credible threat to physical safety or an explicit prohibition on the use of physical force.7Bureau of Alcohol, Tobacco, Firearms and Explosives. Protection Orders and Federal Firearms Prohibitions A temporary ex parte order, standing alone, does not trigger the prohibition, because the respondent has not yet had notice and an opportunity to be heard.
Ending or Renewing the Order
Only the petitioner can ask the court to dissolve a civil stalking injunction, and you can do so at any time by filing with the same court that issued the order.3Utah Legislature. Utah Code 78B-7-701 – Ex Parte Civil Stalking Injunction Civil Stalking Injunction The three-year clock runs from the date the respondent was served, not from any hearing date. If the stalking resumes after the order expires, you would file a new petition and go through the process again.
Stalking Injunction or Protective Order
Utah has two main civil protection tools, and they get confused often. A cohabitant protective order covers abuse between people with a domestic relationship: current or former spouses, people who live or lived together, relatives, or people who share a child.8Utah Judiciary. Protective Orders A civil stalking injunction has no relationship requirement at all.
If the person harassing you qualifies for both, the protective order route can offer broader relief tied to shared housing and custody. If the person is outside any domestic relationship, the stalking injunction is your path. Both are free to file, and both make a violation a crime.