Domestic Violence: Violation of a Protective Order

Violation of a Protective Order: Domestic Violence Attorneys

Violation of a Protective Order (Domestic Violence) Attorneys

Legal Definition:

Violation of a protective order is a domestic violence offense under Utah Code §77-36-1.

Violation of a Protective Order

Utah Code §76-5-108


Violation of a protective order is a class A misdemeanor.


A defendant is guilty of a class A misdemeanor violation of a protective order if they are subject to a protective order, child protective order, ex parte protective order, ex parte child protective order issued under Title 78B, Chapter 7, Part 1, Cohabitant Abuse Act, or Title 78A, Chapter 6, Juvenile Court Act of 1996, Title 77, Chapter 36, Cohabitant Abuse Procedures Act, or a foreign protection order enforceable under Title 78B, Chapter 7, Part 3, Uniform Interstate Enforcement of Domestic Violence Protection Orders Act, and they intentionally or knowingly violate that order after having been properly served.


A fine not to exceed $2,500, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(1)(c), Utah Code Ann. §51-9-401)


The court may order the accused to pay restitution if convicted of this crime.
(Utah Code Ann. §77-38a-301)


A term of imprisonment not to exceed 1 year.
(Utah Code Ann. §76-3-204(1))


Because of the unique and highly emotional nature of domestic violence crimes, the high recidivism rate of violent offenders, and the demonstrated increased risk of continued acts of violence subsequent to the release of an offender who has been arrested for domestic violence, it was the finding of the Utah Legislature that domestic violence crimes, are crimes for which bail may be denied if there is substantial evidence to support the charge, and if the court finds by clear and convincing evidence that he alleged perpetrator would constitute a substantial danger to an alleged victim of domestic violence if released on bail.
(Utah Code Ann. §76-6-2.5(12))

Addition Sentence for Domestic Violence

In addition to penalties otherwise provided by law, the court may:

  • Order defendant to participate in an electronic or other type of monitoring program; and/or
  • Order defendant to pay all or part of the costs of counseling incurred by the victim and any children affected by or exposed to the domestic violence offense;

The court will:

  • Order cost of any services or treatment provided to the victim and affected children of the victim; and
  • Order the defendant to obtain and satisfactorily complete treatment or therapy in a domestic violence treatment program, that is licensed by Utah’s Department of Human Services, unless the court finds that there is no licensed program reasonably available or that the treatment or therapy is not necessary.
    (Utah Code Ann. §77-36-5(3)(4) and (5))

A defendant convicted of a violation of a protective order may not posses, use or have control of a firearm or ammunition for life.
(18 U.S.C. §922(g)(9))

Other Criminal Charges

Learn more about crimes related to a violation of a protective order. If you have any questions, please feel free to call our office at (801) 505-1586.