Someone keeps contacting you after you've asked them to stop. They show up places you are. They monitor your location through your phone, your accounts, or your car. They send messages from new numbers when you block the old ones. What you are describing is a course of conduct — and Utah law has tools specifically designed to stop it.
This article is for people who need protection. It explains what stalking means under Utah law, what a civil stalking injunction does, how to obtain one, and what happens when the person subject to the order violates it.
What Stalking Means Under Utah Law
Stalking is defined under Utah Code § 76-5-106.5. A person commits stalking when they engage in a course of conduct directed at a specific individual that would cause a reasonable person to fear for their own safety or the safety of a third person. "Course of conduct" means two or more acts occurring over any period of time, however short.
The statute does not require that the actor intend to frighten you. It does not require that you suffer a particular kind of harm. What it requires is that the conduct — judged by a reasonable person standard — would cause fear for safety. Emotional distress alone is not the test. The standard is fear for physical safety.
The statute explicitly includes conduct carried out through electronic means: text messages, emails, social media, phone calls, GPS tracking, and monitoring of online accounts or devices. The person does not need to be physically present to be stalking you. A pattern of electronic contact — after you have asked them to stop — can satisfy the statutory definition.
Start documenting now. Screenshot every message. Note the date and time of every contact. Record every instance of being followed, showing up at your location, or contact through third parties. Documentation is what transforms your experience into evidence. The more complete your record, the stronger your petition.
The Civil Stalking Injunction
Under Utah Code § 78B-7-701, any person who is the victim of stalking may petition a district court for a civil stalking injunction. The petition does not require that criminal charges have been filed. It does not require that the police have been called. You can seek a civil injunction independently of any criminal proceeding.
The petition is filed in the district court for the county where you live or where the stalking occurred. It sets out the course of conduct — the specific acts, dates, and manner of contact — and asks the court for an order prohibiting further contact and requiring the respondent to stay away from specified locations including your home, workplace, and school.
Temporary Order
A judge can issue a temporary stalking injunction ex parte — without the respondent present — if the petition establishes that stalking has occurred and that there is a credible risk to your safety. The temporary order is served on the respondent by law enforcement and takes effect immediately upon service. The respondent is then entitled to a hearing to contest the order.
Permanent Order
A hearing to determine whether a permanent order should issue must be scheduled after the temporary order is served. At the hearing, both sides present evidence. You bear the burden of proving stalking by a preponderance of the evidence — more likely than not. The respondent can contest the allegations. If the court finds stalking has occurred, a permanent order issues. A permanent civil stalking injunction can remain in effect for an extended period and can be renewed.
What a Stalking Injunction Provides
A civil stalking injunction can order the respondent to have no contact with you, directly or through third parties. It can require the respondent to stay a specified distance from your home, workplace, vehicle, or any location you regularly frequent. It can prohibit electronic monitoring or surveillance. It can be enforced by law enforcement anywhere in the state and, under federal law, throughout the country.
An injunction is not a guarantee of safety. But it changes the legal landscape immediately. Every contact after the injunction is served is a criminal act.
Violations and Criminal Consequences
Under Utah Code § 78B-7-703, a knowing violation of a civil stalking injunction constitutes the criminal offense of stalking under § 76-5-106.5. A first violation is a Class A misdemeanor. If the respondent has a prior stalking conviction, or if the respondent violates a permanent (final) injunction, the offense elevates to a third degree felony. If a dangerous weapon is used in the violation, it elevates to a second degree felony.
This means that after an injunction is in place, any text, any phone call, any appearance at your location, any message through a third party — each one is a new crime, separately chargeable. The person doing the stalking is no longer just annoying you. They are accumulating criminal liability with every contact.
You Do Not Need to Wait for It to Escalate
A common mistake is waiting until the behavior becomes more overtly dangerous before seeking legal protection. The law does not require you to wait. Two or more acts that would cause a reasonable person to fear for their safety are enough. If you are there, you have grounds to petition. The sooner a court order is in place, the sooner every act of contact carries criminal consequences.
Civil Injunction vs. Criminal Prosecution
A civil stalking injunction and a criminal stalking prosecution are separate legal tools. Police and prosecutors can pursue a criminal case under § 76-5-106.5 when they believe they have sufficient evidence. You as the victim can simultaneously, or separately, seek a civil injunction. They are not mutually exclusive.
Many stalking victims find that the civil injunction moves faster than the criminal process and gives them more direct control over the outcome — you file the petition, you present the evidence, and the protection flows directly to you through the court order rather than through a prosecutor's decision about whether to charge. In some cases, the civil and criminal paths run together. In others, one path is more effective than the other given the circumstances.
Why Legal Representation Matters
You can file a stalking petition without an attorney. Many people do. But the petition must be drafted carefully — the acts need to be described with sufficient specificity to satisfy the statutory definition, and the documentation needs to be organized and presented effectively. If the respondent contests the order and appears at the hearing with counsel, having your own attorney levels the playing field. An attorney who handles protective order proceedings can also advise you on coordinating the civil injunction with any criminal charges, managing service of process, and enforcing the order if it is violated.
Need a Stalking Injunction in Utah?
Jim Tily helps people obtain civil stalking injunctions and navigate protective order proceedings throughout Utah. Free consultation.
(801) 641-0883 Send a MessageThis article is for general informational purposes only and does not constitute legal advice. Laws change and individual circumstances vary. Contact an attorney to discuss your specific situation. If you are in immediate danger, call 911.