Contesting an Ex Parte Protective Order Based on False Allegations
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 1, 2026
Legal Inquiry
Consumer Legal Issue
Someone made false allegations against me involving my daughter in order to obtain a temporary protective order against me so she could take my daughter into her home.
Yes I have been served with an ex Parte temporary child protective order. There is a court date set for the 26 of this month. And yes I have witnesses and evidence.
Attorney Answer
You have the right to challenge the allegations at your scheduled hearing, where the person who sought the order must actually prove their case with evidence — the original one-sided petition is not enough to keep the order in place.
An ex parte protective order is granted quickly, on one side's account, without you present to respond. That is precisely why the law builds in a follow-up hearing — the one already on your calendar — where both sides present evidence and the judge decides whether the order should continue, be modified, or be dismissed. At that hearing the burden is on the person who requested the order to establish that the legal standard is met. You are entitled to present your own evidence and witnesses and to respond to the claims against you.
Because your daughter's living situation was affected, the stakes are high, and the mechanics of these hearings vary — what evidence a judge will consider, how much time each side gets, whether witnesses must be subpoenaed to appear. Those are details worth confirming in advance rather than discovering in the courtroom.
How you present matters as much as what you have. Judges in these hearings see a great deal of anger; a calm, specific, document-backed account of what actually happened tends to land far better than a general denial.
What you can do
1. Organize your witnesses and evidence now, and ask the court clerk whether witnesses must be subpoenaed or may simply appear. 2. Gather the evidence and witnesses you already have and give them to your attorney before the hearing. Do not write out your own timeline of events: a protective-order respondent can face criminal exposure both from the underlying allegations and from any claimed violation, and a written account is discoverable and can be used to impeach you. Prepare for the hearing by talking your account through with counsel. 3. Bring enough copies of every exhibit for the judge, the other party, and yourself, and be ready to explain concisely why each allegation is false or incomplete. 4. Confirm the exact hearing time, courtroom, and any advance filing requirements such as a witness or exhibit list well before the date. 5. Follow every term of the current order to the letter in the meantime, including indirect contact through other people — violating a protective order can create separate criminal exposure regardless of how the hearing turns out.
Time limits: You have a scheduled hearing date, and missing it or arriving unprepared can allow the order to continue or be extended by default. Deadlines and procedures in protective order cases are strict and depend on the type of order and how it was filed — get an individual case review from a Utah attorney before your hearing date rather than relying on general guidance.
Cases Cited
Published decisions relevant to this issue, provided as legal background rather than advice about any particular case.
- Iota v. Davco Management Company, 2016 UT App 231, 391 P.3d 239 — Court of Appeals of Utah 2016
- B.W.D. v. B.W. (In Re Interest of S.W.), 2017 UT 37, 424 P.3d 7 — Utah Supreme Court 2017
- Bradshaw v. Pelley-Whelan, 2019 UT App 201, 456 P.3d 765 — Court of Appeals of Utah 2019
- State v. Speed, 2017 UT App 76, 397 P.3d 824 — Court of Appeals of Utah 2017
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Frequently Asked Questions
What must the petitioner prove at a Utah protective order hearing?
Generally that the legal standard for the specific type of order sought is satisfied, supported by evidence presented at the hearing rather than by the allegations in the original ex parte petition alone.
Can both sides present witnesses and evidence at a protective order hearing?
Yes. Both parties are generally entitled to present testimony and evidence at the scheduled hearing, subject to the court's rules and time limits.
What happens if a respondent does not appear at a Utah protective order hearing?
The order can typically be extended or entered by default if the respondent fails to appear, which is why attending the scheduled hearing is critical.
