A Utah judge has temporarily stripped Secret Lives of Mormon Wives star Taylor Frankie Paul of all custody and parent time with her 2-year-old son after ex-partner Dakota Mortensen filed a protective order alleging she choked him, shoved him into a window, and blocked him from leaving their home during incidents on February 23-24, 2026. The case highlights how quickly Utah courts act on domestic violence allegations in custody disputes.
| Key Facts | Details |
|---|---|
| What happened | Utah judge granted temporary sole custody to Dakota Mortensen, removing all parent time for Taylor Frankie Paul |
| When | Protective order filed March 2026; alleged incidents occurred February 23-24, 2026 |
| Where | Draper, Utah (Fourth Judicial District) |
| Who is affected | The couple's 2-year-old son; Paul also has two older children from a prior marriage |
| Key statute | Utah Code Ann. 78B-7-603 (Cohabitant Abuse Protective Orders) |
| Next court date | April 7, 2026 hearing to determine whether the protective order becomes permanent |
| Criminal investigation | Draper Police confirmed an open domestic assault investigation with allegations made in both directions |
Utah Courts Can Remove Custody Within Hours of a Protective Order Filing
Under Utah Code Ann. 78B-7-603, a judge can issue an ex parte temporary protective order the same day it is filed, without the other party being present or notified. This is exactly what happened here. When the allegations involve physical violence and a minor child is in the home, Utah judges routinely award temporary sole custody to the petitioner as part of the protective order.
The standard at this stage is not proof beyond a reasonable doubt. The petitioner (Mortensen, in this case) only needs to show a substantial likelihood that domestic violence occurred and that immediate protective measures are necessary. According to TMZ's reporting, the allegations include choking, shoving into a window, and blocking an exit, all of which qualify as domestic violence under Utah Code Ann. 77-36-1.
The temporary order also imposes a 100-foot stay-away distance, which is standard in Utah protective orders involving cohabitants or former partners with shared children.
How Utah Law Handles Domestic Violence in Custody Cases
Utah takes domestic violence allegations seriously in custody determinations. Under Utah Code Ann. 30-3-10.2, the court must consider evidence of domestic violence when determining the best interests of a child. The statute creates a rebuttable presumption that joint legal or physical custody is not in the child's best interest when a parent has committed domestic violence.
This presumption is significant. It means that if the court finds domestic violence occurred, Paul would carry the burden of proving that joint custody is still appropriate, rather than Mortensen having to prove it is not. Under Utah Code Ann. 30-3-10.2(4), a parent seeking to overcome this presumption must demonstrate completion of a domestic violence treatment program, that the child is safe, and that the parent's behavior has fundamentally changed.
Utah law distinguishes between different types of domestic violence for custody purposes. Choking (sometimes classified as strangulation) is treated as an especially serious offense. Under Utah Code Ann. 76-5-103, strangulation can be charged as a second-degree felony when it involves impeding breathing or blood circulation, carrying a potential sentence of 1 to 15 years.
The fact that Draper Police confirmed allegations made in both directions adds another layer of complexity. When both parties make accusations, Utah courts sometimes appoint a guardian ad litem under Utah Code Ann. 78A-2-228 to independently investigate and represent the child's interests.
What Happens at the April 7 Hearing
The April 7, 2026 hearing is the critical next step. At this hearing, both parties will have the opportunity to present evidence, call witnesses, and cross-examine the other side. The judge will decide whether to make the protective order permanent (typically lasting up to 150 days, with the option to extend) or dismiss it.
Several outcomes are possible at the hearing:
- The protective order is made permanent, and Mortensen retains sole custody with no parent time for Paul.
- The protective order is modified, perhaps with supervised visitation allowed for Paul.
- The protective order is dismissed if the court finds insufficient evidence, and custody arrangements return to their prior status.
- The court orders a custody evaluation under Utah Code Ann. 30-3-10.4, appointing a professional evaluator to investigate both parents and make recommendations. These evaluations typically take 60 to 90 days and cost between $3,000 and $8,000 in Utah.
If criminal charges are filed separately by the Salt Lake County District Attorney's Office, those proceedings would run parallel to the family court case but involve a higher evidentiary standard (beyond a reasonable doubt versus preponderance of the evidence in family court).
Practical Takeaways for Utah Residents
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Protective orders in Utah move fast. A judge can strip custody and impose stay-away orders within 24 hours of filing, without advance notice to the respondent. If you are served with a temporary protective order, contact a family law attorney immediately because you have limited time to prepare for the hearing.
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Domestic violence allegations trigger a rebuttable presumption against joint custody under Utah Code Ann. 30-3-10.2. This shifts the legal burden significantly and requires the accused parent to prove rehabilitation, not simply deny the allegations.
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Strangulation allegations carry elevated criminal consequences in Utah. Under Utah Code Ann. 76-5-103, strangulation can be charged as a second-degree felony, which means a conviction could result in 1 to 15 years in prison and would substantially impact any custody proceeding.
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If both parties are making allegations, the court may appoint a guardian ad litem to investigate independently. Cooperating fully with the guardian ad litem's investigation is essential because their recommendation carries significant weight with Utah judges.
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Document everything. Utah courts rely heavily on evidence at protective order hearings. Text messages, photos, medical records, and witness statements all matter. If you are involved in a domestic violence situation, preserve all records and seek both legal counsel and personal safety resources.
Frequently Asked Questions
How quickly can a Utah judge issue a protective order?
A Utah judge can issue an ex parte temporary protective order within 24 hours of filing under Utah Code Ann. 78B-7-603. The respondent receives no advance notice. The order typically remains in effect for 20 to 30 days until a full hearing, where both sides present evidence and the court decides whether to make the order permanent for up to 150 days.
Does a protective order automatically change custody in Utah?
Yes, in most cases involving children. When a Utah court issues a protective order that includes a minor child, the judge routinely awards temporary sole custody to the petitioner and suspends or restricts the respondent's parent time. Under Utah Code Ann. 30-3-10.2, domestic violence findings create a rebuttable presumption against joint custody.
What is the penalty for strangulation in Utah?
Strangulation is classified as a second-degree felony under Utah Code Ann. 76-5-103, carrying a potential prison sentence of 1 to 15 years and fines up to $10,000. If the victim loses consciousness or suffers serious bodily injury, enhanced penalties may apply. A felony conviction also creates a near-permanent barrier to obtaining custody.
Can the person who lost custody get visitation before the hearing?
Generally no, unless the court modifies the temporary order. The respondent can file a motion to modify the ex parte order before the full hearing, but Utah courts are reluctant to grant visitation when the allegations involve physical violence against someone in the child's household. The April 7 hearing is the earliest realistic opportunity for a change.
What happens if both people accuse each other of domestic violence?
When allegations go in both directions, Utah courts often appoint a guardian ad litem under Utah Code Ann. 78A-2-228 to conduct an independent investigation and represent the child's best interests. The court may also order a full custody evaluation costing $3,000 to $8,000. Both parties will need to present credible evidence at the hearing, and the judge will weigh the evidence to determine which allegations are substantiated.
If you are navigating a custody dispute involving domestic violence allegations in Utah, connecting with a qualified family law attorney early can make a meaningful difference in protecting your rights and your children's wellbeing.
This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.