Utah Code » Title 76, Chapter 5 — Offenses Against the Individual; part 76-5-1 — Assault and Related Offenses
Utah Code

Utah Code § 76-5-108 (2026)

Violation of protective order

✓ current as of May 2026
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Terms defined in Section 76-1-101.5 apply to this section.
An actor commits violation of protective order if the actor:
is the respondent or defendant subject to a protective order, child protective order, ex parte protective order, ex parte child protective order, or foreign protection order issued under, or for the purposes of Subsection (2)(a)(i), enforceable under:
Title 78B, Chapter 7, Part 3, Uniform Interstate Enforcement of Domestic Violence Protection Orders Act;
Title 78B, Chapter 7, Part 6, Cohabitant Abuse Protective Orders;
Title 78B, Chapter 7, Part 8, Criminal Protective Orders; or
Title 80, Utah Juvenile Code; and
intentionally or knowingly violates that order after having been properly served or having been present, in person or through court video conferencing, when the order was issued.
A violation of Subsection (2) is a class A misdemeanor, except as a greater penalty may be provided in Title 77, Chapter 36, Cohabitant Abuse Procedures Act.
Violation of an order described in Subsection (2) is a domestic violence offense under Section 77-36-1 and subject to increased penalties in accordance with Section 77-36-1.1.
Notes of Decisions
Cited in 47 cases (7 in the last 5 years), 1998–2026 · leading case: State v. Pence, 2018 UT App 198 (Utah Ct. App. 2018).
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State v. Pence, 2018 UT App 198 (Utah Ct. App. 2018). · cites it 30× “See Utah Code Ann. § 76-5-108 (LexisNexis Supp.”
State v. Hardy, 2002 UT App 244 (Utah Ct. App. 2002). · cites it 6× “2001), which permits a court to include in a protective order a prohibition against all contact, direct or indirect, and Utah Code Ann. § 76-5-108 (1999), which provides eriminal penalties for violations of a protective order, are overly broad and impermissibly vague in…”
State v. Rudolph, 970 P.2d 1221 (Utah 1998). · cites it 5× “He correctly points out that an actor must have been “properly served” with the protective order before he or she can be convicted of violating Utah Code Ann. § 76-5-108 . He argues that the State presented no evidence that he was served with the permanent protective order.”
State v. Hamilton, 2003 UT 22 (Utah 2003). · cites it 2× “" Utah Code Ann. § 76-5-108 (1)(b) (1999). Section 76-5-102(b) defines an assault as "a threat, accompanied by a show of immediate foree or violence, to do bodily injury to another.”
State v. Tarnawiecki, 5 P.3d 1222 (Utah Ct. App. 2000). · cites it 8× “OPINION GREENWOOD, Presiding Judge: T1 Defendant appeals her conviction for violating a protective order, a class A misdemeanor, under Utah Code Ann. § 76-5-108 (1999). Defendant claims the trial court erred in denying her motion to extend the time to submit a motion to withdraw…”
State v. Ekstrom, 316 P.3d 435 (Utah Ct. App. 2013). · cites it 9× “Utah Code Ann. § 76-5-108 (1) (LexisNex-is 2008) (current version at id.”
State v. Jensen, 2003 UT App 273 (Utah Ct. App. 2003). · cites it 8× “Jensen appeals his conviction of violating a protective order, a class A misdemeanor, in violation of Utah Code Ann. § 76-5-108 (1999). We reverse and remand for a new trial.”
State v. Garrido, 2013 UT App 245 (Utah Ct. App. 2013). · cites it 3× “§ 76-5-108 (2008); 1 and one count of violating a protective order, a class A misdemeanor, see id.”
State v. Salt, 2015 UT App 72 (Utah Ct. App. 2015). · cites it 5× “Compare Utah Code Ann. § 76-5-108 (1)(b) (LexisNex-is 2008) (defining third degree felony aggravated assault), and id.”
State v. Bridgewaters, 2020 UT 32 (Utah 2020). · cites it 6× “he case to us to decide (1) “whether, pursuant to Utah Code section 78B-7-107, a properly served ex- parte protective order may extend beyond 180 days if a permanent protective order is subsequently issued but not properly served upon a respondent” and (2) “whether rule 4 of the…”
State v. Baize, 2019 UT App 202 (Utah Ct. App. 2019). · cites it 8× “See Utah Code Ann. § 76-5-108 (LexisNexis Supp.”
State v. Hutchings, 285 P.3d 1183 (Utah 2012). · cites it 2× “CONCLUSION {29 We hold that the court of appeals erred in holding that intent to act was enough to satisfy section 76-5-108's requirement of intent to cause serious bodily injury.”
Show all 47 citing cases →
— Utah Code § 76-5-108(1) — 4 cases
State v. Bridgewaters, 2020 UT 32 (Utah 2020). “he case to us to decide (1) “whether, pursuant to Utah Code section 78B-7-107, a properly served ex- parte protective order may extend beyond 180 days if a permanent protective order is subsequently issued but not properly served upon a respondent” and (2) “whether rule 4 of the…”
State v. Hart, 2012 UT App 78 (Utah Ct. App. 2012).
State v. Tarnawiecki, 5 P.3d 1222 (Utah Ct. App. 2000). “OPINION GREENWOOD, Presiding Judge: T1 Defendant appeals her conviction for violating a protective order, a class A misdemeanor, under Utah Code Ann. § 76-5-108 (1999). Defendant claims the trial court erred in denying her motion to extend the time to submit a motion to withdraw…”
State v. Salt, 2015 UT App 72 (Utah Ct. App. 2015). “Compare Utah Code Ann. § 76-5-108 (1)(b) (LexisNex-is 2008) (defining third degree felony aggravated assault), and id.”
— Utah Code § 76-5-108(1)(a) — 2 cases
State v. Salt, 2015 UT App 72 (Utah Ct. App. 2015). “Compare Utah Code Ann. § 76-5-108 (1)(b) (LexisNex-is 2008) (defining third degree felony aggravated assault), and id.”
State v. Reynolds, 2013 UT App 112 (Utah Ct. App. 2013).
— Utah Code § 76-5-108(1)(a)(iii) — 1 case
State v. Jaramillo, 2016 UT App 70 (Utah Ct. App. 2016).
— Utah Code § 76-5-108(1)(b) — 4 cases
State v. Finlayson, 2014 UT App 282 (Utah Ct. App. 2014).
State v. Salt, 2015 UT App 72 (Utah Ct. App. 2015). “Compare Utah Code Ann. § 76-5-108 (1)(b) (LexisNex-is 2008) (defining third degree felony aggravated assault), and id.”
State v. Sanislo, 2015 UT App 232 (Utah Ct. App. 2015).
State v. Hall, 2013 UT App 4 (Utah Ct. App. 2013).
— Utah Code § 76-5-108(2) — 1 case
State v. Fowers, 2023 UT App 128 (Utah Ct. App. 2023).
— Utah Code § 76-5-108(2)(b) — 3 cases
State v. Schroeder, 2023 UT App 57 (Utah Ct. App. 2023).
Bountiful City v. Swenson, 2024 UT App 133 (Utah Ct. App. 2024).
State v. Collard, 2026 UT App 87 (Utah Ct. App. 2026).
— Utah Code § 76-5-108(8) — 1 case
State v. Mangum, 318 P.3d 250 (Utah Ct. App. 2013).
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