Under Utah law, the judge can only grant a stalking injunction if it is “more probable than not” that the Respondent did three things:
- The Respondent stalked the Petitioner, two or more times. “Stalked” means the Respondent stayed physically or visually close to the respondent, made written or verbal threats to the Petitioner, or did something that was threatening (“stalking” is defined under Utah Criminal Code §§ 76-5-106.5 and 77-3a-101- 103).
- The Respondent knew or should have known that the stalking would cause the Petitioner fear that the Petitioner or a family member could be emotionally distressed or physically hurt, or that a reasonable person would be afraid of being emotionally distressed or physically hurt, and
- The stalking incidents made the Petitioner or an immediate family member fearful that the Petitioner would be hurt or caused the Petitioner or the family member to be emotionally distressed. An “immediate family member” means the Petitioner’s spouse, sibling, child, or any other person who lives with the Petitioner now, or who lived with the Petitioner within the past 6 months.