Courts impose restraining orders for the protection of those who petitioned for the order. Restraining orders are imposed in emergencies where a petitioner feels they are in danger of some irreparable harm. That harm could be physical or something else entirely. Restraining orders place severe restrictions on your rights, but they can be challenged and lifted in certain circumstances.
Even though most restraining orders are only ever meant to be temporary, the subject of such an order can move to have it lifted. This requires notifying the order’s petitioner that you wish to lift the order and having a hearing at which you and the petitioner can speak. Restraining orders can be lifted if they are unnecessary or if they pose too heavy a burden.
If you believe a restraining order will be filed against you, or if an order has already been imposed, call our Utah criminal defense lawyers for help. Our team at Overson & Bugden can help you get the order lifted as quickly as possible. Call our offices at (801) 758-2287 for a free case review.
Why Restraining Orders Are Imposed in Utah
Most restraining orders begin as temporary restraining orders (TROs). These are emergency orders that are meant to protect the petitioner from immediate and irreparable harm. Before a person can petition for a restraining order, they must have an active case open. A court may impose a restraining order if the petitioner shows that…
- There will be irreparable harm without the order,
- The harm would outweigh any harm caused by the order,
- The order would not be against public interest, and
- The petitioner is likely to win their underlying case.
Restraining orders are purely civil matters that are not necessarily connected to criminal cases. Although, a restraining order could be applied in a criminal case. These orders are often confused with protective orders that are designed for domestic violence cases. Restraining orders can be imposed in any number of cases. For example, a TRO could be used to prevent a landlord from evicting a tenant during a dispute over rent. A TRO could also be imposed against a neighbor to stop them from tearing down a large, old tree if the tree is on disputed land.
To begin challenging a TRO, you must understand why it was imposed in the first place. The order will likely prevent you from taking some action you had planned on doing. If the order is unnecessary because you no longer plan to carry out the action in question, or if you believe the harm would not be irreparable, our Park City criminal defense attorneys can help you lift the order.
Getting a Restraining Order in Utah Lifted
Once a temporary restraining order has been imposed, you should review the order very carefully with our Utah restraining order defense attorneys. Typically, hearings are scheduled to discuss temporary restraining orders as a matter of course no later than 14 days after the order was issued. In some cases, the court may move your hearing up to an earlier date. Hearings can be requested by filing a motion with the court.
At the hearing to discuss the order, you can argue why you believe the order should be lifted. Orders are imposed because the petitioner claimed there would be irreparable harm otherwise. If you can demonstrate that no such harm exists, or the harm would not be irreparable, we might get the order lifted.
TROs are only imposed if the harm or inconvenience presented by the order is outweighed by the potentially irreparable harm claimed by the petitioner. If the restraining order poses so much of a burden to you that this burden outweighs the alleged irreparable harm, the order could be lifted.
Remember, if you request a hearing on a restraining order, you must notify the opposing party so they can also speak at the hearing. Our experienced Provo criminal defense lawyers can help you lift the order against you.
Challenging a Restraining Order Before It Is Issued in Utah
If you believe a temporary restraining order is being sought but has not yet been imposed, you can file a memorandum opposing the motion with the court and oppose the order. This motion is filed when you want to oppose or challenge another motion or petition filed by your opponent. For example, if you are in dispute with your neighbor who files a restraining order against you, you can file a memorandum opposing the motion to prevent the order from being issued.
In your memorandum, we must identify the specific parts of the restraining order we disagree with. We can use the memorandum to change certain parts of the restraining order or challenge the order in its entirety. We can argue that the restraining order is not supported by law or is otherwise unnecessary. Our Riverton criminal defense attorneys can research cases and statutes to support your arguments against the restraining order.
What Happens If I Cannot Lift a Restraining Order in Utah
If you cannot successfully challenge a restraining order or have the order lifted, you should continue to abide by the terms of the order while your attorney explores other legal options. As your case connected to the restraining order unfolds, your circumstances might change, and the order could become moot or harmful. Alternatively, you might have to adhere to the restraining order until your case is resolved. Hopefully, the case can be resolved in your favor, and you will be free to do as you wish without being burdened by the order. Call our South Jordan criminal defense lawyers for help exploring your options after unsuccessfully trying to lift the order.
Speak to Our Utah Restraining Order Defense Attorneys for Help
If you are facing the possibility of being subjected to a restraining order, our legal team can help you prevent or lift the order. Our Murray criminal defense attorneys know how to resolve TROs quickly. Call Overson & Bugden at (801) 758-2287 for a free case evaluation.
