Civil Stalking Injunctions
THE LAW HAS JUST BEEN CHANGED! In 2008 the Utah State Legislature changed the law regarding civil stalking injunctions to reflect the growing trend of cyber stalking. The courts have had little time with the new law, but the language could be construed as loosening the standards needed to obtain a stalking injunction.
DO NOT PURSUE OR DEFEND A CIVIL STALKING INJUCTION BY YOURSELF! Civil Stalking Injunctions are serious injunctions that carry significant consequences to your family and your lifestyle. Do not seek a stalking injunction or defend against one without at least consulting an attorney.
FOR PETITIONERS (those seeking protection under the order) - if, on more than one occasion, a person has directly, indirectly or through a third person, followed, monitored, photographed, threatened, or confronted you or your loved ones, or has interfered with your property, and you are afraid for your safety or the safety of your loved ones, you can seek a stalking injunction. Stalking injunctions apply criminal penalties upon the person who is stalking you for contacting you, showing up to a place you frequent, or having someone else make contact for them.
Stalking injunction hearings are held in a trial format that include direct and cross examination of witnesses. You need someone with experience to help you navigate the courtroom and put together a winning case.
ATTORNEY'S FEES - the successful party in a stalking injunction case may be able to obtain a judgment for attorney's fees. This provision of the statute cuts both ways, so if you are petitioning for a stalking injunction be sure you have a good chance of succeeding or you may be required to pay the other party's attorney's fees.
My practice has helped people in Salt Lake, Davis, Weber, and Summit counties. I've worked for individuals from Ogden, Roy, Farmington, Layton, Centerville, Bountiful, North Salt Lake, Woods Cross, Clinton, Salt Lake City, Holladay, West Jordan, Taylorsville, and Park City. I have the knowledge and experience to help you.
FOR RESPONDANTS (Those being served with a civil stalking injunction) - It has been my experience that on occasion a civil stalking injunction is sought without justification. The burden of proof on the party seeking the stalking injunction is a looser standard than is found in the criminal court. I have seen parties receive stalking injunctions because they chose to represent themselves without a clear understanding of the law and of the courtroom process.
ACT QUICKLY - You only have 10 days from the date of the service of the injunction to request a hearing that will keep the burden on your accuser to show that stalking has occurred.
DO NOT DEFEND YOURSELF WITHOUT AT LEAST CONSULTING AN ATTORNEY! The consequences that attend a stalking injunction start when the injunction is issued not just if a violation occurs. Safe Harbor and Legal Aid represent at no cost many who seek stalking injunctions. The petitioner will have a lawyer and so should you.