Enforcing
Ex Parte' Protective Orders:
1. Check the statewide warrant system for the respondent's (suspect's) name.
2. The name will be on the system (with PO) next to it.
3. The information on the computer should give some details of the provisions of the order. It could have various entries, so look at all the pages.
4. If an Ex Parte' has been issued and served, that information will be available, usually under the comments section.
5. The dates will indicate if the order is valid. The Ex Parte' expires after the hearing date, if the court DOES NOT issue a PROTECTIVE ORDER.
6. An Ex Parte' may have been served and the date indicates expired, but the court has issued a PROTECTIVE ORDER. Check the comments to determine if a PROTECTIVE ORDER has been issued as a result of the Ex Parte' hearing.
7. If the PROTECTIVE ORDER has been issued and NOT SERVED, the Ex Parte' is STILL IN EFFECT, regardless of the expiration day. (30-6-4.3 (1)(c), UCA)
8. Arrest the suspect for a violation of an ex parte' protective order, if the elements are present. The provisions of the ex parte' are listed. Violations of the provisions (usually the first 7) are a Class A Misdemeanor, 76-5-108 UCA.
9. If the suspect has left and an arrest does not occur, prepare a report with all the facts of the violation, including evidence and witnesses. Prepare a fact sheet and send it to the follow up detectives. They will review the report and get it to the District Attorney.
10. If the suspect has left and an arrest does not occur, and the elements are not clear, or follow up work is needed, prepare a report and forward it to the detectives and advise the plaintiff of that.
Protective Orders:
1. Check the statewide warrants system for the respondent's (suspect's) name.
2. The name will be on the system (with PO) next to it.
3. Obtain the information on the computer. It could have various entries.
4. If a Protective Order has been issued and served, that information will be available, usually under the comments section.
5. If the PROTECTIVE ORDER has been issued and NOT SERVED, the Ex Parte', served previously is extended and is STILL IN EFFECT.
6. Arrest the suspect for a violation of the protective order, if the elements are present. The provisions of the protective order are listed. Violations of the provisions (usually the first 10) are a Class A Misdemeanor, 76-5-108, UCA.
7. If the suspect has left and an arrest does not occur, prepare a report with all the facts of the violation, including evidence and witnesses. Prepare a fact sheet and send it to the follow up detectives. They will review the report and get it to the District Attorney.
8. If the suspect has left and an arrest does not occur, and the elements are not clear, or follow up up work is needed, prepare a report and forward it to the detectives and advise the plaintiff of that.
Ex Parte' Civil Stalking Injunction &
Permanent Civil Stalking Injunction:
1. Check the statewide warrants system for the respondent's (suspect's) name.
2. The name will be on the system (with PO) next to it.
3. Obtain the information on the computer. It will identify the order as a CIVIL STALKING INJUNCTION. It could also have various entries.
4. If an Ex Parte' Civil Stalking Injunction has been issued and served, that information will be available, usually under the comments section.
5. A Permanent Criminal Stalking Injunction shall be issued automatically if the respondent (suspect) does not request a hearing within 10 days following the service of the Ex Parte' Civil Stalking Injunction. It remains valid for THREE YEARS after the service of the service of the Ex Parte' Civil Stalking Injunction.
6. If a hearing is requested, the court may modify, revoke, or continue the injunction. If the Injunction is issued, that information will be available on the statewide system. It is also valid for THREE YEARS after the service of the Ex Parte' Civil Stalking Injunction.
7. Arrest the suspect for a violation of an Ex Parte' or permanent Civil Stalking Injunction, if the elements are present. The provisions of the injunction are listed. (Usually forbidding the suspect to stalk the victim, ordering the suspect to stay away from protected address and making any contact with the victim.) Violations of the injunction are a Class A Misdemeanor, 76-5-106.5(3) UCA. Penalties can be enhanced.
8. If the suspect has left and an arrest does not occur, prepare a report with all the facts of the violation, including evidence and witnesses. Prepare a fact sheet and send it to the follow up detectives. They will review the report and get it to the District Attorney.
9. If the suspect has left and an arrest does not occur, and the elements are not clear, or follow up work is needed, prepare a report and forward it to the detectives and advise the plaintiff of that.