Seeking a Protective Order Against an Abusive Parent

Attorney Answer

Emotional and verbal abuse can support a Utah protective order in some circumstances, but which order fits — and how strong your case is — depends heavily on your current relationship with your mother and on whether the concerning conduct is ongoing rather than only in the past.

Utah has more than one type of order, depending on the relationship and the nature of the conduct. If you currently live with, or have lived with, your mother as a family or household member, a cohabitant abuse protective order may be the right fit. If that relationship doesn't apply, or the concern is a pattern of alarming or distressing conduct rather than physical abuse, a civil stalking injunction may be the better avenue. Both generally require showing abuse, a credible threat, or a qualifying course of conduct — not simply that something upsetting happened once. In Meyer v. Aposhian, 2016 UT App 47, 369 P.3d 1284 — a published Utah Court of Appeals decision that binds Utah district courts — the court upheld the denial of a domestic protective order because the petitioner had not shown she was a victim of abuse or domestic violence, or that there was a substantial likelihood of it. Applying an objective reasonable-person standard to the stalking definition, the court held that conduct the petitioner described as upsetting, intimidating, and annoying did not by itself rise to the significant emotional distress that standard requires.

Past-only conduct, with nothing recent or ongoing, is harder to base a protective order on by itself, though it can still be part of the picture a court considers alongside anything more recent. Being given marijuana at 14 is a serious and separate concern; standing alone it is more naturally a matter for law enforcement or child welfare authorities than something that determines whether a protective order issues today, but it can still be relevant background in your petition.

What you can do

1. Write down specific incidents with as much detail as you can — dates, what happened, and any evidence such as messages or witnesses. 2. Think through whether you currently live with or depend on your mother, since that affects which type of order fits. 3. Contact the district court clerk's office or the Utah courts self-help resources to identify which order type and forms apply to you. 4. If there is a current or ongoing threat, ask specifically about emergency or ex parte relief. 5. Reach out to a family law attorney or a local legal aid or domestic violence resource organization to help identify the right order and prepare your petition.