Protective Order Lawyer in Kaysville and Clearfield
A protective order case moves quickly. The hearing is usually within about three weeks, and it can affect where you live, who you can contact, and when you see your children. Dustin Gibb represents people asking for protection and people who have been served.
Free consultation · Kaysville, Clearfield (by appointment), or virtual · (801) 725-6035
In Utah, a judge usually reviews a protective order request the same day it’s filed. If the judge grants a temporary order, it takes effect once the other person is served, and a hearing is set within 21 days. At that hearing, a commissioner or judge decides whether to issue a final order, which can last three years.
Where are you right now?
If you need protection
Be safe first. If you’re in danger, call 911. The hotline at 800-897-5465 can help with emergency housing and safety planning for you and your children.
When you’re ready to take legal steps:
- There’s no filing fee, and the judge usually reviews the request the same day.
- Write down what happened, with dates, and save texts, photos, voicemails, and any police or medical records.
- If children are involved, a protective order can include temporary custody.
- Plan to attend the hearing. If you don’t go, the temporary order is dismissed.
- We can prepare the request with you and represent you at the hearing.
If you’ve been served
- Call Dustin before doing anything else. The hearing is usually less than three weeks away, and what you do before it matters.
- Don’t contact the person who filed. That includes texts, social media, and messages passed through friends or family. The temporary order is in effect from the moment you were served.
- Read the order closely. It may cover your home, your children, and firearms.
- Don’t skip the hearing. If you don’t appear, the order can be granted without your side being heard.
- Start gathering your evidence: messages, witnesses, and anything that shows what actually happened.
Which protective order applies?
| Situation | Order |
|---|---|
| Spouse, ex-spouse, family member, someone you live or lived with, or share a child with | Cohabitant abuse protective order |
| Dating relationship without a shared household or child | Dating violence protective order |
| Sexual assault by anyone | Sexual violence protective order |
| Repeated stalking by someone outside those relationships | Civil stalking injunction |
| A child who is being abused | Child protective order |
| An elderly or vulnerable adult being abused or exploited | A cohabitant order may apply if the person is related to or lives with the abuser. Report the abuse to Adult Protective Services at 1-800-371-7897. |
How a protective order case moves
What happens at the hearing
In Davis County, protective order hearings are usually heard by a court commissioner rather than a judge. Most hearings are short, so preparation decides how much of your story actually gets heard.
The petitioner explains why protection is needed, with evidence. For a cohabitant order, the question is whether there’s a current, reasonable fear of future abuse. The respondent can answer those claims, present evidence, and bring witnesses.
Evidence that helps most: texts and emails showing dates and exact words, photos, police reports, medical records, and witnesses who saw what happened. Screenshots should show dates and who sent them.
If someone doesn’t show up: without the respondent, the order may be granted anyway. Without the petitioner, the temporary order is dismissed.
Before the hearing, we organize your evidence into a clear timeline, prepare you for the questions you’re likely to be asked, and decide which witnesses will actually help. For respondents, we also look at whether it makes sense to ask for an earlier hearing.
At a protective order hearing, you may only get a few minutes to explain. We make sure those minutes count.
What a protective order can do, and how long it lasts
A final order can:
- Prohibit contact and threats
- Require the respondent to stay away from the petitioner’s home, work, school, or place of worship.
- Prohibit the respondent from having firearms
- Give the petitioner temporary custody of shared children
Two sets of rules apply:
Criminal provisions (no contact, stay away)
Last about three years for a final cohabitant order, and violating them can lead to arrest and criminal charges. They can’t be dismissed in the first two years without the petitioner’s consent.
Civil provisions (custody, the home)
Shorter, usually expiring after about 150 days unless the court extends them for good cause.
Firearms: if the order includes a weapons restriction, read it carefully and talk to a lawyer before doing anything with firearms you own.
Protective orders during a divorce or custody case
Protective orders often overlap with a family case. An order issued before or during a divorce can shape temporary custody, parent-time, and who stays in the home. If there’s already a divorce or custody case, the custody and home provisions can be addressed through that case.
Because Dustin handles both family law and protective orders, both cases are handled together with one strategy, not two separate lawyers working in parallel.
Mistakes that hurt protective order cases
If you’ve been served:
Reaching out “just to talk.”
Even a friendly message can be a violation of the order and can lead to arrest.
Posting about the case online.
Posts get screenshotted and shown at hearings.
Asking someone else to deliver a message.
Indirect contact can still count as contact.
If you’re seeking protection:
Missing the hearing.
Without you, the temporary order ends.
Deleting messages.
Even upsetting texts are evidence. Save them, back them up, and stop reading them if you need to.
Protective order questions
No. Utah doesn’t charge a filing fee for a protective order request. Our legal fees are discussed at your free consultation.
Usually at the Second District Court in Davis County, in front of a commissioner.
Only as the order allows. Some orders set specific terms for exchanges and communication about children. Follow the written order exactly.
The petitioner can ask the court to dismiss it. A respondent can ask to dismiss a cohabitant order after it has been in effect for at least a year, but has to show specific things, including that the reason for the order no longer exists.
Utah has a process to remove the link between your identifying information and a denied protective order request. We can explain whether it applies to you.
What to bring to your consultation
Helpful Legal Posts
Talk with Dustin about your protective order
Kaysville · Clearfield (by appointment) · Virtual · (801) 725-6035
Schedule a Free ConsultationIn danger now? Call 911. Hotline: 800-897-5465.