Child Protective Order in Utah
An adult can file a “Verified Petition for Protective Order on Behalf of Children” to apply for an order of protection for minor children less than 18 years old when protection for those children is not requested as part of an adult's request for a protective order.
Under some circumstances, if the child is at least 16 years old, then the child can also apply on their own for an order of protection, using the forms for adults. The purpose of the order is to protect a child who is being abused or is in imminent danger of being abused.
Attorneys for the Child Protective Order in Salt Lake City, UT
If you were served with a “Verified Petition for Protective Order on Behalf of Children,” then contact an experienced attorney in Salt Lake City, Utah, at Brown, Bradshaw & Moffat, LLP. False allegations in these types of cases are common, especially when the process is being used to gain an unfair advantage in a paternity, custody, parent-time or divorce action.
The petition is often filed in cases involving allegations or child abuse or child sexual abuse even when no criminal charges are ever filed. The attorneys at Brown, Bradshaw & Moffat, LLP also represent clients facing an order of protection hearing for domestic violence and dating violence. We also represent clients in civil stalking injunction hearings.
Call (801) 532-5297 today for a consultation to discuss your case.
The Procedures for a Child Protective Order in Utah
To get court-ordered protection using these forms for child protective orders, the forms must be filled out by an adult and filed at the local juvenile court. The Juvenile Court Judge will review the Petitioner’s Verified Petition for Child Protective Order and Petition for Ex Parte Child Protective Order. The court can also consider:
- Child/Family’s juvenile court case file(s);
- Child/Family’s district court case file(s);
- Petitions, orders, or investigations related to the child or the parties to the case in SAFE, the DCFS Management Information System; and
- Records of law enforcement agencies identified by the petitioner as having investigated abuse of the child.
In some cases, the Juvenile Court judge will enter an order to transfer the child protective order to the District Court. The transfer will be ordered when based on the evidence and information presented, the Court has found that the above-named child/ren is/are being or is in imminent danger of being physically or sexually abused, and has entered an ex parte child protective order.
The transfer to the District Court from the Juvenile Court will be ordered when the Court further finds that:
- the petitioner and respondent are the natural parent, adoptive parent, or step-parent of the child/ren who is/are the object of the petition;
- that the district court has had a prior order or has a paternity, custody, parent-time or divorce action pending in which the petitioner and respondent are parties; and
- the best interests of the child will be better served in the district court.
After the case is transferred to the District Court, the clerk will schedule a hearing to be held within 20 days. The procedures for a Child Protective Order heard in the District Court are similar to the procedures for an adult who has filed for a protective order against domestic violence. The court can also decide a “Request to Vacate Child Protective Order.”
Child Protective Order in Utah - Visit the website of the Utah Courts to find information on Child Protective Orders under the laws in Utah’s juvenile courts. Also find the sample forms for the verified petition, order to transfer the child protective order to district court, and request to vacate the child protective order.
Part 2 of the Utah Code for Child Protective Orders - Visit the website of the Utah Legislature to read the statutory language in Utah Code 78B-7-202 and 78B-7-203. Find out more about the hearing to determine whether a child is being abused or is in imminent danger of being abused. Also find Utah Code 78B-7-206 to learn more about the statewide domestic violence network that requires the Administrative Office of the Courts, in cooperation with the Department of Public Safety and the Criminal Investigations and Technical Services Division, to post ex parte child protective orders, child protective orders, and any modifications to them on the statewide network established in Section 78B-7-113.