How can I get a temporary restraining order in Utah?

How can I get a temporary restraining order in Utah?

The Fourteenth Amendments of the United States Constitution protects every individual’s right to Due Process. Oftentimes this is translated as a party’s right to notice and an opportunity to be heard.

In extreme circumstances, Utah Courts may grant a Temporary Restraining Order as a form of relief when they determine there will be irreparable injury to a party if they do not act. This relief is also applicable in Domestic Law cases. Normally, a motion in a domestic action is governed by Utah Rules of Civil Procedure 101. The rule requires a party seeking relief to file a motion with the court, together with all supporting documentation, in order to receive a hearing date. The motion must be served on the opposing party a minimum of 28 days before the hearing. Absent an additional rule, these strict requirements would prevent the court from acting, even in emergency situations.

Fortunately, Utah Rules of Civil Procedure 65A give the court power to grant orders without waiting for the 28 days to expire or official service of the Motion on the opposing party to be made. Due to the increased possibility of abuse, the standard for the court granting such relief is quite high. The party requesting relief must show that irreparable injury, loss, or damage will result if the court does not act. 65A(e) provides the grounds for the issuance of a temporary restraining order. They are as follows: (1) The applicant must show they will suffer irreparable harm unless the order issues; (2) The threatened injury to the applicant outweighs whatever damage the proposed order or injunction may cause the party restricted or enjoined; (3) The order or injunction, if issued, would not be adverse to the public interest; and (4) There is a substantial likelihood that the applicant will prevail on the merits of the underlying claim, or the case presents serious issues on the merits which should be the subject of further litigation. The moving party must satisfy all of these elements, three of the four is not sufficient.

If an applicant is successful in seeking a Temporary Restraining Order, the court will set a hearing on the underlying motion for the soonest possible date. Because these are granted on an emergency, and temporary basis, where the opposing party was not given adequate time to mount a defense to the allegations, justice requires a full hearing be held to make sure all evidence is considered.

Though a Temporary Restraining Order is difficult to get, is not a permanent form of relief, and not appropriate for every case, when the facts support it, a Temporary Restraining Order may be the only way to prevent injury in extreme cases, especially in situations as important as domestic matters.

  • Call Now (801) 872-2222
    Free Case Review
  • This field is for validation purposes and should be left unchanged.

Test Ring Me

Client Reviews

Excellent realtors. I highly recommend David Haws.
Put our family on a good path with thoughts on estate planning. Practical and put information in perspective for our situation personally. We could not have arrived at a course of action without their help. Thank you so much!read more
My experience was exceptional with Benjamin Hepworth, as Ben is very patient and has extreme legal knowledge. Our case was very trying and the other lawyer was not professional and enjoyed throwing obstacles continually in our path. Thankfully Ben is very tactful and I really enjoyed his personal commitment to our case, yes I will use Ben again in any legal matters and look forward to working with him . Once again thank you.read more
Ben, Sonja and their associates dealt with me in a very professional manner. I was pleased to hear they offered a free consultation to advise which attorney I’d be interested in hiring. Ben and Sonja spent over an hour listening to me discuss details on my case and were very accomadating and helpful in their conversation and feedback. I felt that I was cared for there at their law firm, that I wasn’t just a number, and I developed a relationship of trust. When I wasn’t able to hire either attorney (long story) they without hesitation sent me my retainer back in full. No questions asked. If I had the opportunity again, I would totally hire Ben or Sonja!! They were wonderful. And when I had sent a text to the front desk , they always responded quickly. So impressed!! Thanks again!!read more
Michael seemed very passionate about helping me with my case (traffic citation issue) and was more interested in correcting a wrong than simply collecting a fee for a service. Interactions with him and his staff have been professsional. I would definitely recommend.read more
Our family hired Hepworth & Associates and was assigned Ben Lawrence as our attorney. Ben was very professional in representing our case. He provided support by answering questions, researching appeal court decisions, and demonstrating a good understanding of best practices in family law. During the trial, Ben was able to maintain a calm and collected demeanor. His skills as an attorney helped our family through a challenging time as he guided us through the complicated legal system. After the trial he continued to reach out to our family to check in and to provide updates.read more
After being taken advantage of by another law firm, I was extremely happy to find and work with this law firm. I had the pleasure of working with Tyler Call and Chelsea Baker at Hepworth and Associates. They were always available and willing to answer any and all of my questions. They provided me with the information I needed to know and made me feel very comfortable with the case I was dealing with. Most importantly, the took the necessary steps to have a positive result with my hearing. I will forever be grateful for their work and highly recommend them for anyone needing legal assistance.read more
I just wanna say a HUGGEEE thank you to Chelsea and Michael Hepworth in helping me getting my case dismissed!!!!! not only was Michael patient and understood my situation but he also made sure i wasn’t railroaded at the end of the day!! Chelsea did such a great job in gathering my information together and help me with my pay plan! I had to pay excessive fees for my impound fees and was short on funds and she completely understand where i was coming from! i recommend these guys to you not only are they SHARP but they get it down, my case is now dismissed COMPLETELY!! thank you Hepworth & Associates!!!read more
Hepworth & Associates is amazing!!!! I would recommend them to all of my family and friends. They did a great job at communicating with me through the whole process and made sure my case was handled quickly and professionally. Sonja was very knowledgeable and made me feel at ease through the whole process. She answered all of my questions very quickly and made sure I knew what to expect through the process. I am so grateful I went with Hepworth!read more
yes!! they saved me. I was being sued.they were wonderful and quickly got the other party to drop the case that should never have been started. they let us make payments on the lawyer fees. tyread more
They are the best at what they do, very professional. I haven’t ever felt like just a client, I felt like they actually cared and tried as a great mentor when I was lost, willing to be their and give advice on a friendly level to. And although I wasn’t the easiest to deal with late on payment and keep wanting to hold off, Hepworth was always their on time to deal the best. Give it up for my man Ryan b he’s awsome and very fair. Hepworth is the way to go. Great service is what you can expect.read more
Ryan Blake and Sherri Strong were so great to work with during my divorce. They were very responsive and understanding of my situation. I would highly reccommend using Hepworth and Associates.read more
I was facing a powerful multibiollion dollar corporation in a law suit! Me Hepworth and his associates did an outstanding job in representing me! I am so pleased with my representation! They kept me informed the entire time! They were sensitive to my concerns! They helped me get a very good settlement!If you want a bulldog attorney on your side, I can’t give you a better recommendation than Michael Hepworth and associates!read more
I called just to see if anything could be done for my situation. They had an easy form for me to fill out for the attorney to review before deciding if I should come in for a free consultation. It was so easy and the secretary was very professional and kind. Even if I don't have a case, I will definitely be contacting them in the future if the need arises.read more
My man was Tyler. He did an excellent job for me on all counts, his staff was very prompt to my inquiries. I always felt well taken care. I feel like i gained a friend😎read more
I used Micheal to get out of a commercial lease, he saved me $10,000 a month plus help me get money back from a former business partner that strapped me with an additional $42,000 in debt. Thanks Michael Hepworth really appreciate the help.read more
I love these guys, They do such a good job with all of my legal needs. They handle my business and family law. There strategies are top notch. Well done. And thank you.read more
Fast response. Willing to answer any and all questions and gets back with you quick. I will be adding more to this review as time goes on.read more
They were a godsend for me. I had looked for an attorney to help me for several years and they were the best. I won a difficult case dealing with homeowners association.read more
When I started looking for a divorce lawyer I was nervous because I had been married for 20 years (2nd marriage). So I googled inexpensive divorce lawyers and guess what, your law firm came up first. Coincidence? Maybe because I normally would look further but I had a good feeling about this firm. Turns out I was right. Ben Lawrence got in touch with me he listened to my story gave me his advice went over costs and how it worked and I was hooked. He was very intelligent, knowledgeable, and willing to help me the whole way through the process. He was the best person/lawyer I could have ever found. And I went with my gut!! He is the best!!!read more
These guys are excellent attorneys and have a great staff! I highly recommend them!
Exceptional staff. Do everything to help you with your case. Would definitely recommend going here for your legal needsread more
This was the first time I have ever experienced any situation were I needed legal help! Mike and John were more help then I ever expected. They answered any and every question the first time even if it was the same question over and over again. I never felt like I was bothering any of them! I would use them in the future and highly recommend this office!!!read more
my fiancée had to call there office repeatedly to get the status of my case. My fiancée singlehandedly kept the case from getting dismissed because it had sat carelessly dormant for so long and it was her that had to bring it to there attention. And then, when we suggested a way for them to address the obstacles created by my ex-wife and the careless mishandling of my matter (I suggested filing a Motion to Waive the Requirement for Respondent to Take the Parenting Class), your office responded that it couldn’t be done, when in fact, I knew it could be. I paid a paralegal to draft a motion, forwarded it to you and then your office copied it in and submitted it to the court…then the magic happened. The case was resolved and the divorce was granted. I provided you with the legal fodder to complete the job. I was told my case flat-fee agreement (in flat fee cases , I understand that I will not be billed for phone calls, faxes, court appearances, attorney preparation time, paralegal time, or any other hourly fees for work done by the Firm.) than I got a bill 2 years later for 540.98 said they could not reach me... also never got any final paperwork from them... I also did upfront fee $1,300.00 and now its at collections ... I did turn them in to the Utah State Bar...read more
I have full confidence in their abilities and expertise.
More than 100% confident in Michael and John. Both have represented me in business law. Never seen anything they can't handle.read more

Search Site

Generic selectors
Exact matches only
Search in title
Search in content
Search in posts
Search in pages
Filter by Categories
Accident and Injury
Adoption
Alimony
Business Law
Car Accidents
Child Custody
Child Support
Civil Law
Constitutional Law
Contract Law
Corporate Law
Criminal Defense
Criminal Law
Divorce
DUI Defense
Employment Law
Eviction Law
Family Law
Father's Rights
Insurance
Landlord Tenant Law
Litigation
Mother's Rights
News
Personal Injury
Protective Orders
Real Estate Law
Trials & Litigation
Trusts
Trusts, Wills & Estate Planning
Wills & Estate Planning
Wills & Trusts