Utah Code » Title 78B, Chapter 7 — Protective Orders and Stalking Injunctions; part 78B-7-7 — Civil Stalking Injunctions

Utah Code § 78B-7-701

Ex parte civil stalking injunction -- Civil stalking injunction

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Except as provided in Subsection (1)(b), an individual who believes that the individual is the victim of stalking may bring a verified written petition for a civil stalking injunction against the alleged stalker.
A minor with the minor's parent or guardian may bring a petition on the minor's own behalf, or a parent, guardian, or custodian may file a petition on the minor's behalf.
A stalking injunction may not be obtained against:
a law enforcement officer, governmental investigator, or licensed private investigator, as described in Subsection 76-5-106.5(6); or
an individual for engaging in conduct described in Subsection 76-5-106.5(6)(a)(ii).
Notwithstanding Chapter 3a, Venue for Civil Actions, an individual shall bring a petition described in Subsection (1)(a) in the judicial district in which:
the individual or respondent resides or is temporarily domiciled; or
any of the events occurred.
Except as provided in Subsection (3)(b), a petition for a civil stalking injunction shall include:
the name of the petitioner;
the name and address, if known, of the respondent;
specific events and dates of the actions constituting the alleged stalking;
if there is a prior court order concerning the same conduct, the name of the court in which the order was rendered; and
corroborating evidence of stalking, which may be in the form of a police report, affidavit, record, statement, item, letter, or any other evidence which tends to prove the allegation of stalking.
The petitioner's address shall be disclosed to the court for purposes of service.
On request of the petitioner, the petitioner's address may not be listed on the petition, and shall be protected and maintained in a separate document or automated database, not subject to release, disclosure, or any form of public access except as ordered by the court for good cause shown.
If the court determines that there is reason to believe that an offense of stalking has occurred, the court may issue an ex parte civil stalking injunction that includes any of the following:
the respondent may be enjoined from committing stalking;
the respondent may be restrained from coming near the residence, place of employment, or school of the other party or specifically designated locations or persons;
the respondent may be restrained from contacting, directly or indirectly, the other party, including personal, written or telephone contact with the other party, the other party's employers, employees, fellow workers or others with whom communication would be likely to cause annoyance or alarm to the other party; or
any other relief necessary or convenient for the protection of the petitioner and other specifically designated individuals under the circumstances.
If the petitioner and respondent have minor children, the court shall follow the provisions of Section 78B-7-603 and take into consideration the respondent's custody and parent-time rights while ensuring the safety of the victim and the minor children.
If the court issues a civil stalking injunction, but declines to address custody and parent-time issues, a copy of the stalking injunction shall be filed in any action in which custody and parent-time issues are being considered.
Within 10 days after the day on which the ex parte civil stalking injunction is served, the respondent is entitled to request, in writing, an evidentiary hearing on the civil stalking injunction.
The court shall hold a hearing requested by the respondent at the earliest possible time and within 10 days after the day on which the request is filed with the court unless the court finds compelling reasons to continue the hearing.
At the hearing, the burden is on the petitioner to show by a preponderance of the evidence that stalking of the petitioner by the respondent has occurred.
An ex parte civil stalking injunction issued under this section shall state on the civil stalking injunction's face:
that the respondent is entitled to a hearing, upon written request within 10 days after the day on which the order is served;
the name and address of the court where the request may be filed;
that if the respondent fails to request a hearing within 10 days after the day on which the ex parte civil stalking injunction is served, the ex parte civil stalking injunction is automatically modified to a civil stalking injunction without further notice to the respondent and the civil stalking injunction expires three years after the day on which the ex parte civil stalking injunction is served; and
that if the respondent requests, in writing, a hearing after the ten-day period after service, the court shall set a hearing within a reasonable time from the date requested.
At the hearing, the court may modify, revoke, or continue the injunction.
At the hearing, the burden is on the petitioner to show by a preponderance of the evidence that stalking of the petitioner by the respondent has occurred.
The ex parte civil stalking injunction shall be served on the respondent within 90 days after the day on which the ex parte civil stalking injunction is signed.
An ex parte civil stalking injunction is effective upon service.
If a hearing is not requested in writing by the respondent within 10 days after the day on which the ex parte civil stalking injunction is served, the ex parte civil stalking injunction automatically becomes a civil stalking injunction without further notice to the respondent and expires three years after the day on which the ex parte civil stalking injunction is served.
If the respondent requests a hearing after the 10-day period after service, the court shall set a hearing within a reasonable time from the date requested.
At the hearing, the burden is on the respondent to show good cause why the civil stalking injunction should be dissolved or modified.
Within 24 hours after the affidavit or acceptance of service is returned, excluding weekends and holidays, the clerk of the court from which the ex parte civil stalking injunction was issued shall enter a copy of the ex parte civil stalking injunction and proof of service or acceptance of service in the statewide network for warrants or a similar system.
The effectiveness of an ex parte civil stalking injunction or civil stalking injunction does not depend upon entry of the ex parte civil stalking injunction or civil stalking injunction in the statewide system and, for enforcement purposes, a certified copy of an ex parte civil stalking injunction or civil stalking injunction is presumed to be a valid existing order of the court for a period of three years after the day on which the ex parte civil stalking injunction is served on the respondent.
Any changes or modifications of the ex parte civil stalking injunction are effective upon service on the respondent.
The original ex parte civil stalking injunction continues in effect until service of the changed or modified civil stalking injunction on the respondent.
Within 24 hours after the affidavit or acceptance of service is returned, excluding weekends and holidays, the clerk of the court shall enter a copy of the changed or modified civil stalking injunction and proof of service or acceptance of service in the statewide network for warrants or a similar system.
The ex parte civil stalking injunction or civil stalking injunction may be dissolved at any time upon application of the petitioner to the court that granted the ex parte civil stalking injunction or civil stalking injunction.
An ex parte civil stalking injunction and a civil stalking injunction shall be served by a sheriff or constable in accordance with this section.
The remedies provided in this chapter for enforcement of the orders of the court are in addition to any other civil and criminal remedies available.
The court shall hear and decide all matters arising under this section.
After a hearing with notice to the affected party, the court may enter an order requiring any party to pay the costs of the action, including reasonable attorney fees.
This section does not apply to preliminary injunctions issued under an action for dissolution of marriage or legal separation.
Notes of Decisions
Cited in 13 cases (12 in the last 5 years), 2020–2026 · leading case: Anderson v. Deem
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Anderson v. Deem (2023) utahctapp · cites it 10× “See Utah Code § 78B-7-701(1)(a)(i). If the 5.”
Ragsdale v. Fishler (2020) utah · cites it 4× “__________________________________________________________ 1 The Utah Legislature amended and renumbered this statute during its 2020 general session.”
Richins v. Weldon (2023) utahctapp · cites it 6× “If the district court “determines that there is reason to believe that an offense of stalking has occurred,” it may issue a temporary injunction based on the petition alone, restraining the person from behaviors such as coming near or contacting the petitioner. Id.”
Wilson v. Wilson (2024) utahctapp · cites it 2× “3d 835 (cleaned up); see also Utah Code § 78B-7-701. At the time of Doug’s alleged stalking, to prove that an offense of stalking had occurred, a person was required to show that (1) the alleged stalker “intentionally or knowingly engage[d] in a course of conduct directed at…”
Hasemeyer v. Lefevre (2026) utahctapp · cites it 28× “” Utah Code § 78B-7-701(4)(a). If an ex parte civil stalking injunction is issued, the person against whom it was entered (the respondent) can request a hearing to challenge it.”
Harris v. Hunt (2024) utahctapp · cites it 2× “See Ragsdale, 2021 UT 29 , ¶ 25; see also Utah Code § 78B-7- 701(3)(a), (5)(b).”
Schmidt v. Petersen (2025) utahctapp · cites it 13× “” Utah Code § 78B-7-701(3)(a). If an ex parte civil stalking injunction is issued, the person against whom it was entered (the respondent) can request a hearing to challenge it.”
State v. Rashid (2021) utahctapp · cites it 2× “See Utah Code Ann. § 78B-7-701 (LexisNexis Supp.”
Ragsdale v. Fishler (2025) utahctapp · cites it 8× “§ 78B-7-701(3)(a). If the individual against whom the ex parte injunction was entered (the respondent) subsequently requests a hearing on the matter, the petitioner must show by a preponderance of the evidence that the offense of stalking—as defined in the criminal code…”
Corona-Leyva v. Hartman (2022) utahctapp · cites it 6× “First, “an individual who believes that the individual is the victim of stalking may file a verified written petition for a civil stalking injunction against the alleged stalker.”
Ream v. Ream (2025) utahctapp · cites it 2× “And here, Debra signed the Petition under the statement, “I declare under criminal penalty under the law of Utah that everything stated in this document is true.”
Amboh v. Lamb (2025) utd · cites it 2× “”23 Here, Plaintiff was the “loser” when the state court issued a stalking order.”
Show all 13 citing cases →
— Utah Code § 78B-7-701(1)(a) — 1 case
Corona-Leyva v. Hartman (2022) utahctapp “First, “an individual who believes that the individual is the victim of stalking may file a verified written petition for a civil stalking injunction against the alleged stalker.”
— Utah Code § 78B-7-701(1)(a)(i) — 5 cases
Anderson v. Deem (2023) utahctapp “See Utah Code § 78B-7-701(1)(a)(i). If the 5.”
Richins v. Weldon (2023) utahctapp “If the district court “determines that there is reason to believe that an offense of stalking has occurred,” it may issue a temporary injunction based on the petition alone, restraining the person from behaviors such as coming near or contacting the petitioner. Id.”
Harris v. Hunt (2024) utahctapp “See Ragsdale, 2021 UT 29 , ¶ 25; see also Utah Code § 78B-7- 701(3)(a), (5)(b).”
Ragsdale v. Fishler (2025) utahctapp “§ 78B-7-701(3)(a). If the individual against whom the ex parte injunction was entered (the respondent) subsequently requests a hearing on the matter, the petitioner must show by a preponderance of the evidence that the offense of stalking—as defined in the criminal code…”
Ream v. Ream (2025) utahctapp “And here, Debra signed the Petition under the statement, “I declare under criminal penalty under the law of Utah that everything stated in this document is true.”
— Utah Code § 78B-7-701(14) — 1 case
Ragsdale v. Fishler (2025) utahctapp “§ 78B-7-701(3)(a). If the individual against whom the ex parte injunction was entered (the respondent) subsequently requests a hearing on the matter, the petitioner must show by a preponderance of the evidence that the offense of stalking—as defined in the criminal code…”
— Utah Code § 78B-7-701(3)(a) — 4 cases
Anderson v. Deem (2023) utahctapp “See Utah Code § 78B-7-701(1)(a)(i). If the 5.”
Richins v. Weldon (2023) utahctapp “If the district court “determines that there is reason to believe that an offense of stalking has occurred,” it may issue a temporary injunction based on the petition alone, restraining the person from behaviors such as coming near or contacting the petitioner. Id.”
Schmidt v. Petersen (2025) utahctapp “” Utah Code § 78B-7-701(3)(a). If an ex parte civil stalking injunction is issued, the person against whom it was entered (the respondent) can request a hearing to challenge it.”
Ragsdale v. Fishler (2025) utahctapp “§ 78B-7-701(3)(a). If the individual against whom the ex parte injunction was entered (the respondent) subsequently requests a hearing on the matter, the petitioner must show by a preponderance of the evidence that the offense of stalking—as defined in the criminal code…”
— Utah Code § 78B-7-701(4) — 1 case
Corona-Leyva v. Hartman (2022) utahctapp “First, “an individual who believes that the individual is the victim of stalking may file a verified written petition for a civil stalking injunction against the alleged stalker.”
— Utah Code § 78B-7-701(4)(a) — 4 cases
Anderson v. Deem (2023) utahctapp “See Utah Code § 78B-7-701(1)(a)(i). If the 5.”
Richins v. Weldon (2023) utahctapp “If the district court “determines that there is reason to believe that an offense of stalking has occurred,” it may issue a temporary injunction based on the petition alone, restraining the person from behaviors such as coming near or contacting the petitioner. Id.”
Schmidt v. Petersen (2025) utahctapp “” Utah Code § 78B-7-701(3)(a). If an ex parte civil stalking injunction is issued, the person against whom it was entered (the respondent) can request a hearing to challenge it.”
Hasemeyer v. Lefevre (2026) utahctapp “” Utah Code § 78B-7-701(4)(a). If an ex parte civil stalking injunction is issued, the person against whom it was entered (the respondent) can request a hearing to challenge it.”
— Utah Code § 78B-7-701(4)(b)(ii) — 1 case
Schmidt v. Petersen (2025) utahctapp “” Utah Code § 78B-7-701(3)(a). If an ex parte civil stalking injunction is issued, the person against whom it was entered (the respondent) can request a hearing to challenge it.”
— Utah Code § 78B-7-701(5) — 2 cases
Anderson v. Deem (2023) utahctapp “See Utah Code § 78B-7-701(1)(a)(i). If the 5.”
Corona-Leyva v. Hartman (2022) utahctapp “First, “an individual who believes that the individual is the victim of stalking may file a verified written petition for a civil stalking injunction against the alleged stalker.”
— Utah Code § 78B-7-701(5)(a) — 4 cases
Richins v. Weldon (2023) utahctapp “If the district court “determines that there is reason to believe that an offense of stalking has occurred,” it may issue a temporary injunction based on the petition alone, restraining the person from behaviors such as coming near or contacting the petitioner. Id.”
Hasemeyer v. Lefevre (2026) utahctapp “” Utah Code § 78B-7-701(4)(a). If an ex parte civil stalking injunction is issued, the person against whom it was entered (the respondent) can request a hearing to challenge it.”
Schmidt v. Petersen (2025) utahctapp “” Utah Code § 78B-7-701(3)(a). If an ex parte civil stalking injunction is issued, the person against whom it was entered (the respondent) can request a hearing to challenge it.”
Ragsdale v. Fishler (2025) utahctapp “§ 78B-7-701(3)(a). If the individual against whom the ex parte injunction was entered (the respondent) subsequently requests a hearing on the matter, the petitioner must show by a preponderance of the evidence that the offense of stalking—as defined in the criminal code…”
— Utah Code § 78B-7-701(5)(b) — 1 case
Schmidt v. Petersen (2025) utahctapp “” Utah Code § 78B-7-701(3)(a). If an ex parte civil stalking injunction is issued, the person against whom it was entered (the respondent) can request a hearing to challenge it.”
— Utah Code § 78B-7-701(5)(b)(i) — 1 case
Hasemeyer v. Lefevre (2026) utahctapp “” Utah Code § 78B-7-701(4)(a). If an ex parte civil stalking injunction is issued, the person against whom it was entered (the respondent) can request a hearing to challenge it.”
— Utah Code § 78B-7-701(5)(b)(ii) — 1 case
Hasemeyer v. Lefevre (2026) utahctapp “” Utah Code § 78B-7-701(4)(a). If an ex parte civil stalking injunction is issued, the person against whom it was entered (the respondent) can request a hearing to challenge it.”
— Utah Code § 78B-7-701(5)(c)(iii) — 1 case
Hasemeyer v. Lefevre (2026) utahctapp “” Utah Code § 78B-7-701(4)(a). If an ex parte civil stalking injunction is issued, the person against whom it was entered (the respondent) can request a hearing to challenge it.”
— Utah Code § 78B-7-701(6)(a) — 1 case
Hasemeyer v. Lefevre (2026) utahctapp “” Utah Code § 78B-7-701(4)(a). If an ex parte civil stalking injunction is issued, the person against whom it was entered (the respondent) can request a hearing to challenge it.”
— Utah Code § 78B-7-701(6)(c) — 2 cases
Ragsdale v. Fishler (2025) utahctapp “§ 78B-7-701(3)(a). If the individual against whom the ex parte injunction was entered (the respondent) subsequently requests a hearing on the matter, the petitioner must show by a preponderance of the evidence that the offense of stalking—as defined in the criminal code…”
Schmidt v. Petersen (2025) utahctapp “” Utah Code § 78B-7-701(3)(a). If an ex parte civil stalking injunction is issued, the person against whom it was entered (the respondent) can request a hearing to challenge it.”
— Utah Code § 78B-7-701(7)(c) — 1 case
Mark Stewart Allen v. Utah Administrative Office of the Courts; The Honorable Tony Graf; Shawn Minter, Fourth Judicial D (2026) utd
— Utah Code § 78B-7-701(8) — 1 case
Hasemeyer v. Lefevre (2026) utahctapp “” Utah Code § 78B-7-701(4)(a). If an ex parte civil stalking injunction is issued, the person against whom it was entered (the respondent) can request a hearing to challenge it.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.