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Rule 109.Injunction in certain domestic relations cases

Part XII: Family Law · Last amended May 1, 2026 · Last verified July 13, 2026

In one sentenceRule 109 automatically puts a standard set of protective restrictions in place the moment someone files a divorce, custody, or similar domestic relations petition.

Full Text of Rule 109

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g) (h) (i)

(a) Actions in which a domestic injunction enters. Unless the court orders otherwise, in an action for divorce, annulment, temporary separation, custody, parent time, support, or parentage, the court will enter an injunction when the initial petition is filed. Only the injunction’s applicable provisions will govern the parties to the action.
(b) General provisions.
(1) If the action concerns the division of property then neither party may transfer, encumber, conceal, or dispose of any property of either party without the written consent of the other party or an order of the court, except in the usual course of business or to provide for the necessities of life.
(2) Neither party may, through electronic or other means, disturb the peace of, harass, or intimidate the other party.
(3) Neither party may commit domestic violence or abuse against the other party or a child.
(4) Neither party may use the other party’s name, likeness, image, or identification to obtain credit, open an account for service, or obtain a service.
(5) Neither party may cancel or interfere with telephone, utility, or other services used by the other party.
(6) Neither party may cancel, modify, terminate, change the beneficiary, or allow to lapse for voluntary nonpayment of premiums, any policy of health insurance, homeowner’s or renter’s insurance, automobile insurance, or life insurance without the written consent of the other party or pursuant to further order of the court.
(c) Provisions regarding a minor child. The following provisions apply when a minor child is a subject of the petition.
(1) Neither party may engage in non-routine travel with the child without the written consent of the other party or an order of the court unless the following information has been provided to the other party:
(A) an itinerary of travel dates and destinations;
(B) how to contact the child or traveling party; and
(C) the name and telephone number of an available third person who will know the child’s location.
(2) Neither party may do the following in the presence or hearing of the child:
(A) demean or disparage the other party;
(B) attempt to influence a child’s preference regarding custody or parent time; or
(C) say or do anything that would tend to diminish the love and affection of the child for the other party, or involve the child in the issues of the petition.
(3) Neither party may make parent time arrangements through the child.
(4) When the child is under the party’s care, the party has a duty to use best efforts to prevent third parties from doing what the parties are prohibited from doing under this order or the party must remove the child from those third parties.
(d) Service. The court will serve the injunction on the petitioner at the time the petition is filed. The petitioner must provide the respondent with a copy of the injunction as entered by the court through any means reasonably calculated to give notice.
(e) When the injunction is binding. The injunction is binding
(1) on the petitioner upon filing the initial petition; and
(2) on the respondent after filing of the initial petition and upon receipt of a copy of the injunction as entered by the court.
(f) When the injunction terminates. The injunction remains in effect until the final decree is entered, the petition is dismissed, the parties otherwise agree in a writing signed by all parties, or further order of the court.
(g) Modifying or dissolving the injunction. A party may move to modify or dissolve the injunction.
(1) Prior to a responsive pleading being filed, the court will determine a motion to modify or dissolve the injunction as expeditiously as possible. The moving party must serve the nonmoving party at least 48 hours before a hearing.
(2) After a responsive pleading is filed, a motion to modify or to dissolve the injunction is governed by Rule 7 or Rule 101, as applicable.
(h) Separate conflicting order. Any separate order governing the parties or their minor children will control over conflicting provisions of this injunction.
(i) Applicability. This rule applies to all parties other than the Office of Recovery Services.

Amendment History

Added effective January 1, 2020; January 1, 2021; May 1, 2026.

Plain-English Summary

The moment a petition for divorce, annulment, temporary separation, custody, parent time, support, or parentage is filed, Rule 109 puts an injunction in place without either party having to ask for it. The point is to freeze the status quo while the case is pending, so that filing for divorce doesn't become a race to drain accounts, cancel insurance, or upend the household before a judge weighs in. The injunction binds the petitioner as soon as the petition is filed, and it binds the respondent once they've been served with a copy of it — the court serves the petitioner at filing, and the petitioner has to get a copy to the respondent through any means reasonably calculated to give notice.

The restrictions cover the ground you'd expect. Neither party can transfer, hide, or encumber property outside the normal course of business without the other's consent or a court order. Neither can harass or intimidate the other, commit domestic violence or abuse, misuse the other's identity to open accounts or obtain credit, cut off shared services, or let insurance lapse without consent. When a minor child is involved, additional rules kick in: neither parent can travel with the child without notice or consent, badmouth the other parent in front of the child, try to sway the child's custody preference, or use the child as a messenger for parent-time arrangements — and a parent has to make a real effort to stop third parties from doing what the parents themselves are barred from doing. The injunction runs until the final decree, a dismissal, a signed agreement between the parties, or a further court order, and either party can move to modify or dissolve it — quickly, if no responsive pleading has been filed yet, or under the ordinary motion procedures of Rule 7 or Rule 101 once one has been. A separate order covering the same ground — a protective order, for instance — controls over any conflicting provision here.

Frequently Asked Questions

When does the Rule 109 injunction take effect?

For the petitioner, immediately upon filing the initial petition. For the respondent, once they've received a copy of the injunction as entered by the court — the petitioner is responsible for getting it to them through any means reasonably calculated to provide notice.

Do I need to ask the court for this injunction?

No. It enters automatically in actions for divorce, annulment, temporary separation, custody, parent time, support, or parentage, unless the court orders otherwise.

What does the injunction stop me from doing with property?

If the case involves dividing property, neither party can transfer, hide, encumber, or dispose of property without the other's written consent or a court order — except for ordinary business dealings or covering necessities of life.

What protections apply specifically when children are involved?

Neither parent can travel with the child without giving notice or getting consent, disparage the other parent in front of the child, try to influence the child's custody preferences, or route parent-time arrangements through the child. A parent also has to make a real effort to keep third parties from doing what the parents themselves cannot do.

How long does the injunction last?

Until the final decree is entered, the petition is dismissed, the parties agree in writing to end it, or the court orders otherwise.

Can the injunction be changed or lifted?

Yes. Either party can move to modify or dissolve it. If no responsive pleading has been filed yet, the court handles the motion as quickly as possible, with at least 48 hours' notice to the other side. Once a responsive pleading is on file, the motion follows the ordinary procedures under Rule 7 or Rule 101.

Does this injunction override a protective order already in place?

No. A separate order governing the parties or their children controls over any conflicting term of this injunction.

Source & verification. Rule text, Advisory Committee Notes, and amendment history are reproduced verbatim from the Utah Rules of Civil Procedure, adopted by the Utah Supreme Court. Last verified July 13, 2026. · Official source
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