Protective Orders in Utah are governed by the Cohabitant Abuse Act which begins with section 78B-7-101 of  Utah Code Annotated.

Any victim of past or potential future violence or abuse by a current or past “co-habitant” may request a protective order from a Utah district court. “Co-habitant” really means that you have either lived with that person or that you are related by blood, marriage, or through a child out of wedlock.  The court does not charge for the filing of a protective order and most district courts have an office that will assist you in the preparation of documents, to file the documents, or serve the documents- all for no charge.  If you use a lawyer to argue or defend a protective order filing, that lawyer will probably charge attorneys fees.

A protective order is only appropriate when there is fear of physical harm to a person.  While verbal abuse and harassment can be very traumatizing, it is not appropriate to address those issues using a protective order; rather, you may wish to get a civil injunction (a restraining order).

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This blog entry is not a statement of law, but offers an example of how the court may view things generally.  There are many many reasons why, in any particular case, a court may do things much differently than portrayed here.  However, this will give readers a general idea of how courts in Utah approach asset and debt distribution.

Now, draw a big circle on a piece of paper.   This is the MARITAL PIE.

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Unfortunately, after separation and divorce it is practically impossible for both spouses to maintain the same lifestyle and standard of living they once had. Taking one household and dividing it into two households almost always means that both parties will experience a decline in lifestyle for a period of time. The purpose of awarding alimony is to prevent the receiving spouse from becoming a public charge and to maintain, if possible, a standard of living close to what both parties enjoyed during the marriage. Cox v. Cox, 877 P.2d 1262 (Utah App. 1994). It seems that Utah courts make an effort to leave both parties in loosely equal circumstances, but it is highly controversial whether or not this is true over the long term.

There are numerous factors that the court considers in looking at whether to award alimony. Unlike determinations of child support, there is no formula for alimony in Utah.

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