State Codes and Statutes

Statutes > Utah > Title-78b > Chapter-07 > 78b-7-106

78B-7-106. Protective orders -- Ex parte protective orders -- Modification of orders-- Service of process -- Duties of the court.
(1) If it appears from a petition for an order for protection or a petition to modify anorder for protection that domestic violence or abuse has occurred or a modification of an orderfor protection is required, a court may:
(a) without notice, immediately issue an order for protection ex parte or modify an orderfor protection ex parte as it considers necessary to protect the petitioner and all parties named tobe protected in the petition; or
(b) upon notice, issue an order for protection or modify an order after a hearing, whetheror not the respondent appears.
(2) A court may grant the following relief without notice in an order for protection or amodification issued ex parte:
(a) enjoin the respondent from threatening to commit or committing domestic violence orabuse against the petitioner and any designated family or household member;
(b) prohibit the respondent from harassing, telephoning, contacting, or otherwisecommunicating with the petitioner, directly or indirectly;
(c) order that the respondent is excluded from the petitioner's residence and its premises,and order the respondent to stay away from the residence, school, or place of employment of thepetitioner, and the premises of any of these, or any specified place frequented by the petitionerand any designated family or household member;
(d) upon finding that the respondent's use or possession of a weapon may pose a seriousthreat of harm to the petitioner, prohibit the respondent from purchasing, using, or possessing afirearm or other weapon specified by the court;
(e) order possession and use of an automobile and other essential personal effects, anddirect the appropriate law enforcement officer to accompany the petitioner to the residence of theparties to ensure that the petitioner is safely restored to possession of the residence, automobile,and other essential personal effects, or to supervise the petitioner's or respondent's removal ofpersonal belongings;
(f) grant to the petitioner temporary custody of any minor children of the parties;
(g) order the appointment of the office of the Guardian Ad Litem to represent theinterests of any minor children of the parties, if abuse or neglect of the minor children is alleged,or appoint a private guardian ad litem, if appropriate, pursuant to Section 78A-2-228;
(h) order any further relief that the court considers necessary to provide for the safety andwelfare of the petitioner and any designated family or household member; and
(i) if the petition requests child support or spousal support, at the hearing on the petitionorder both parties to provide verification of current income, including year-to-date pay stubs oremployer statements of year-to-date or other period of earnings, as specified by the court, andcomplete copies of tax returns from at least the most recent year.
(3) A court may grant the following relief in an order for protection or a modification ofan order after notice and hearing, whether or not the respondent appears:
(a) grant the relief described in Subsection (2); and
(b) specify arrangements for parent-time of any minor child by the respondent andrequire supervision of that parent-time by a third party or deny parent-time if necessary to protectthe safety of the petitioner or child.
(4) Following the protective order hearing, the court shall:

(a) as soon as possible, deliver the order to the county sheriff for service of process;
(b) make reasonable efforts to ensure that the order for protection is understood by thepetitioner, and the respondent, if present;
(c) transmit electronically, by the end of the next business day after the order is issued, acopy of the order for protection to the local law enforcement agency or agencies designated bythe petitioner; and
(d) transmit a copy of the order to the statewide domestic violence network described inSection 78B-7-113.
(5) (a) Each protective order shall include two separate portions, one for provisions, theviolation of which are criminal offenses, and one for provisions, the violation of which are civilviolations, as follows:
(i) criminal offenses are those under Subsections (2)(a) through (e), and underSubsection (3)(a) as it refers to Subsections (2)(a) through (e); and
(ii) civil offenses are those under Subsections (2)(f), (h), and (i), and Subsection (3)(a) asit refers to Subsections (2)(f), (h), and (i).
(b) The criminal provision portion shall include a statement that violation of any criminalprovision is a class A misdemeanor.
(c) The civil provision portion shall include a notice that violation of or failure to complywith a civil provision is subject to contempt proceedings.
(6) The protective order shall include:
(a) a designation of a specific date, determined by the court, when the civil portion of theprotective order either expires or is scheduled for review by the court, which date may not exceed150 days after the date the order is issued, unless the court indicates on the record the reason forsetting a date beyond 150 days;
(b) information the petitioner is able to provide to facilitate identification of therespondent, such as Social Security number, driver license number, date of birth, address,telephone number, and physical description; and
(c) a statement advising the petitioner that:
(i) after two years from the date of issuance of the protective order, a hearing may beheld to dismiss the criminal portion of the protective order;
(ii) the petitioner should, within the 30 days prior to the end of the two-year period,advise the court of the petitioner's current address for notice of any hearing; and
(iii) the address provided by the petitioner will not be made available to the respondent.
(7) Child support and spouse support orders issued as part of a protective order aresubject to mandatory income withholding under Title 62A, Chapter 11, Part 4, IncomeWithholding in IV-D Cases, and Title 62A, Chapter 11, Part 5, Income Withholding in Non IV-DCases, except when the protective order is issued ex parte.
(8) (a) The county sheriff that receives the order from the court, pursuant to Subsection(5)(a), shall provide expedited service for orders for protection issued in accordance with thischapter, and shall transmit verification of service of process, when the order has been served, tothe statewide domestic violence network described in Section 78B-7-113.
(b) This section does not prohibit any law enforcement agency from providing service ofprocess if that law enforcement agency:
(i) has contact with the respondent and service by that law enforcement agency ispossible; or

(ii) determines that under the circumstances, providing service of process on therespondent is in the best interests of the petitioner.
(9) (a) When an order is served on a respondent in a jail or other holding facility, the lawenforcement agency managing the facility shall make a reasonable effort to provide notice to thepetitioner at the time the respondent is released from incarceration.
(b) Notification of the petitioner shall consist of a good faith reasonable effort to providenotification, including mailing a copy of the notification to the last-known address of the victim.
(10) A court may modify or vacate an order of protection or any provisions in the orderafter notice and hearing, except that the criminal provisions of a protective order may not bevacated within two years of issuance unless the petitioner:
(a) is personally served with notice of the hearing as provided in Rules 4 and 5, UtahRules of Civil Procedure, and the petitioner personally appears before the court and givesspecific consent to the vacation of the criminal provisions of the protective order; or
(b) submits a verified affidavit, stating agreement to the vacation of the criminalprovisions of the protective order.
(11) A protective order may be modified without a showing of substantial and materialchange in circumstances.
(12) Insofar as the provisions of this chapter are more specific than the Utah Rules ofCivil Procedure, regarding protective orders, the provisions of this chapter govern.

Amended by Chapter 146, 2009 General Session

State Codes and Statutes

Statutes > Utah > Title-78b > Chapter-07 > 78b-7-106

78B-7-106. Protective orders -- Ex parte protective orders -- Modification of orders-- Service of process -- Duties of the court.
(1) If it appears from a petition for an order for protection or a petition to modify anorder for protection that domestic violence or abuse has occurred or a modification of an orderfor protection is required, a court may:
(a) without notice, immediately issue an order for protection ex parte or modify an orderfor protection ex parte as it considers necessary to protect the petitioner and all parties named tobe protected in the petition; or
(b) upon notice, issue an order for protection or modify an order after a hearing, whetheror not the respondent appears.
(2) A court may grant the following relief without notice in an order for protection or amodification issued ex parte:
(a) enjoin the respondent from threatening to commit or committing domestic violence orabuse against the petitioner and any designated family or household member;
(b) prohibit the respondent from harassing, telephoning, contacting, or otherwisecommunicating with the petitioner, directly or indirectly;
(c) order that the respondent is excluded from the petitioner's residence and its premises,and order the respondent to stay away from the residence, school, or place of employment of thepetitioner, and the premises of any of these, or any specified place frequented by the petitionerand any designated family or household member;
(d) upon finding that the respondent's use or possession of a weapon may pose a seriousthreat of harm to the petitioner, prohibit the respondent from purchasing, using, or possessing afirearm or other weapon specified by the court;
(e) order possession and use of an automobile and other essential personal effects, anddirect the appropriate law enforcement officer to accompany the petitioner to the residence of theparties to ensure that the petitioner is safely restored to possession of the residence, automobile,and other essential personal effects, or to supervise the petitioner's or respondent's removal ofpersonal belongings;
(f) grant to the petitioner temporary custody of any minor children of the parties;
(g) order the appointment of the office of the Guardian Ad Litem to represent theinterests of any minor children of the parties, if abuse or neglect of the minor children is alleged,or appoint a private guardian ad litem, if appropriate, pursuant to Section 78A-2-228;
(h) order any further relief that the court considers necessary to provide for the safety andwelfare of the petitioner and any designated family or household member; and
(i) if the petition requests child support or spousal support, at the hearing on the petitionorder both parties to provide verification of current income, including year-to-date pay stubs oremployer statements of year-to-date or other period of earnings, as specified by the court, andcomplete copies of tax returns from at least the most recent year.
(3) A court may grant the following relief in an order for protection or a modification ofan order after notice and hearing, whether or not the respondent appears:
(a) grant the relief described in Subsection (2); and
(b) specify arrangements for parent-time of any minor child by the respondent andrequire supervision of that parent-time by a third party or deny parent-time if necessary to protectthe safety of the petitioner or child.
(4) Following the protective order hearing, the court shall:

(a) as soon as possible, deliver the order to the county sheriff for service of process;
(b) make reasonable efforts to ensure that the order for protection is understood by thepetitioner, and the respondent, if present;
(c) transmit electronically, by the end of the next business day after the order is issued, acopy of the order for protection to the local law enforcement agency or agencies designated bythe petitioner; and
(d) transmit a copy of the order to the statewide domestic violence network described inSection 78B-7-113.
(5) (a) Each protective order shall include two separate portions, one for provisions, theviolation of which are criminal offenses, and one for provisions, the violation of which are civilviolations, as follows:
(i) criminal offenses are those under Subsections (2)(a) through (e), and underSubsection (3)(a) as it refers to Subsections (2)(a) through (e); and
(ii) civil offenses are those under Subsections (2)(f), (h), and (i), and Subsection (3)(a) asit refers to Subsections (2)(f), (h), and (i).
(b) The criminal provision portion shall include a statement that violation of any criminalprovision is a class A misdemeanor.
(c) The civil provision portion shall include a notice that violation of or failure to complywith a civil provision is subject to contempt proceedings.
(6) The protective order shall include:
(a) a designation of a specific date, determined by the court, when the civil portion of theprotective order either expires or is scheduled for review by the court, which date may not exceed150 days after the date the order is issued, unless the court indicates on the record the reason forsetting a date beyond 150 days;
(b) information the petitioner is able to provide to facilitate identification of therespondent, such as Social Security number, driver license number, date of birth, address,telephone number, and physical description; and
(c) a statement advising the petitioner that:
(i) after two years from the date of issuance of the protective order, a hearing may beheld to dismiss the criminal portion of the protective order;
(ii) the petitioner should, within the 30 days prior to the end of the two-year period,advise the court of the petitioner's current address for notice of any hearing; and
(iii) the address provided by the petitioner will not be made available to the respondent.
(7) Child support and spouse support orders issued as part of a protective order aresubject to mandatory income withholding under Title 62A, Chapter 11, Part 4, IncomeWithholding in IV-D Cases, and Title 62A, Chapter 11, Part 5, Income Withholding in Non IV-DCases, except when the protective order is issued ex parte.
(8) (a) The county sheriff that receives the order from the court, pursuant to Subsection(5)(a), shall provide expedited service for orders for protection issued in accordance with thischapter, and shall transmit verification of service of process, when the order has been served, tothe statewide domestic violence network described in Section 78B-7-113.
(b) This section does not prohibit any law enforcement agency from providing service ofprocess if that law enforcement agency:
(i) has contact with the respondent and service by that law enforcement agency ispossible; or

(ii) determines that under the circumstances, providing service of process on therespondent is in the best interests of the petitioner.
(9) (a) When an order is served on a respondent in a jail or other holding facility, the lawenforcement agency managing the facility shall make a reasonable effort to provide notice to thepetitioner at the time the respondent is released from incarceration.
(b) Notification of the petitioner shall consist of a good faith reasonable effort to providenotification, including mailing a copy of the notification to the last-known address of the victim.
(10) A court may modify or vacate an order of protection or any provisions in the orderafter notice and hearing, except that the criminal provisions of a protective order may not bevacated within two years of issuance unless the petitioner:
(a) is personally served with notice of the hearing as provided in Rules 4 and 5, UtahRules of Civil Procedure, and the petitioner personally appears before the court and givesspecific consent to the vacation of the criminal provisions of the protective order; or
(b) submits a verified affidavit, stating agreement to the vacation of the criminalprovisions of the protective order.
(11) A protective order may be modified without a showing of substantial and materialchange in circumstances.
(12) Insofar as the provisions of this chapter are more specific than the Utah Rules ofCivil Procedure, regarding protective orders, the provisions of this chapter govern.

Amended by Chapter 146, 2009 General Session


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State Codes and Statutes

Statutes > Utah > Title-78b > Chapter-07 > 78b-7-106

78B-7-106. Protective orders -- Ex parte protective orders -- Modification of orders-- Service of process -- Duties of the court.
(1) If it appears from a petition for an order for protection or a petition to modify anorder for protection that domestic violence or abuse has occurred or a modification of an orderfor protection is required, a court may:
(a) without notice, immediately issue an order for protection ex parte or modify an orderfor protection ex parte as it considers necessary to protect the petitioner and all parties named tobe protected in the petition; or
(b) upon notice, issue an order for protection or modify an order after a hearing, whetheror not the respondent appears.
(2) A court may grant the following relief without notice in an order for protection or amodification issued ex parte:
(a) enjoin the respondent from threatening to commit or committing domestic violence orabuse against the petitioner and any designated family or household member;
(b) prohibit the respondent from harassing, telephoning, contacting, or otherwisecommunicating with the petitioner, directly or indirectly;
(c) order that the respondent is excluded from the petitioner's residence and its premises,and order the respondent to stay away from the residence, school, or place of employment of thepetitioner, and the premises of any of these, or any specified place frequented by the petitionerand any designated family or household member;
(d) upon finding that the respondent's use or possession of a weapon may pose a seriousthreat of harm to the petitioner, prohibit the respondent from purchasing, using, or possessing afirearm or other weapon specified by the court;
(e) order possession and use of an automobile and other essential personal effects, anddirect the appropriate law enforcement officer to accompany the petitioner to the residence of theparties to ensure that the petitioner is safely restored to possession of the residence, automobile,and other essential personal effects, or to supervise the petitioner's or respondent's removal ofpersonal belongings;
(f) grant to the petitioner temporary custody of any minor children of the parties;
(g) order the appointment of the office of the Guardian Ad Litem to represent theinterests of any minor children of the parties, if abuse or neglect of the minor children is alleged,or appoint a private guardian ad litem, if appropriate, pursuant to Section 78A-2-228;
(h) order any further relief that the court considers necessary to provide for the safety andwelfare of the petitioner and any designated family or household member; and
(i) if the petition requests child support or spousal support, at the hearing on the petitionorder both parties to provide verification of current income, including year-to-date pay stubs oremployer statements of year-to-date or other period of earnings, as specified by the court, andcomplete copies of tax returns from at least the most recent year.
(3) A court may grant the following relief in an order for protection or a modification ofan order after notice and hearing, whether or not the respondent appears:
(a) grant the relief described in Subsection (2); and
(b) specify arrangements for parent-time of any minor child by the respondent andrequire supervision of that parent-time by a third party or deny parent-time if necessary to protectthe safety of the petitioner or child.
(4) Following the protective order hearing, the court shall:

(a) as soon as possible, deliver the order to the county sheriff for service of process;
(b) make reasonable efforts to ensure that the order for protection is understood by thepetitioner, and the respondent, if present;
(c) transmit electronically, by the end of the next business day after the order is issued, acopy of the order for protection to the local law enforcement agency or agencies designated bythe petitioner; and
(d) transmit a copy of the order to the statewide domestic violence network described inSection 78B-7-113.
(5) (a) Each protective order shall include two separate portions, one for provisions, theviolation of which are criminal offenses, and one for provisions, the violation of which are civilviolations, as follows:
(i) criminal offenses are those under Subsections (2)(a) through (e), and underSubsection (3)(a) as it refers to Subsections (2)(a) through (e); and
(ii) civil offenses are those under Subsections (2)(f), (h), and (i), and Subsection (3)(a) asit refers to Subsections (2)(f), (h), and (i).
(b) The criminal provision portion shall include a statement that violation of any criminalprovision is a class A misdemeanor.
(c) The civil provision portion shall include a notice that violation of or failure to complywith a civil provision is subject to contempt proceedings.
(6) The protective order shall include:
(a) a designation of a specific date, determined by the court, when the civil portion of theprotective order either expires or is scheduled for review by the court, which date may not exceed150 days after the date the order is issued, unless the court indicates on the record the reason forsetting a date beyond 150 days;
(b) information the petitioner is able to provide to facilitate identification of therespondent, such as Social Security number, driver license number, date of birth, address,telephone number, and physical description; and
(c) a statement advising the petitioner that:
(i) after two years from the date of issuance of the protective order, a hearing may beheld to dismiss the criminal portion of the protective order;
(ii) the petitioner should, within the 30 days prior to the end of the two-year period,advise the court of the petitioner's current address for notice of any hearing; and
(iii) the address provided by the petitioner will not be made available to the respondent.
(7) Child support and spouse support orders issued as part of a protective order aresubject to mandatory income withholding under Title 62A, Chapter 11, Part 4, IncomeWithholding in IV-D Cases, and Title 62A, Chapter 11, Part 5, Income Withholding in Non IV-DCases, except when the protective order is issued ex parte.
(8) (a) The county sheriff that receives the order from the court, pursuant to Subsection(5)(a), shall provide expedited service for orders for protection issued in accordance with thischapter, and shall transmit verification of service of process, when the order has been served, tothe statewide domestic violence network described in Section 78B-7-113.
(b) This section does not prohibit any law enforcement agency from providing service ofprocess if that law enforcement agency:
(i) has contact with the respondent and service by that law enforcement agency ispossible; or

(ii) determines that under the circumstances, providing service of process on therespondent is in the best interests of the petitioner.
(9) (a) When an order is served on a respondent in a jail or other holding facility, the lawenforcement agency managing the facility shall make a reasonable effort to provide notice to thepetitioner at the time the respondent is released from incarceration.
(b) Notification of the petitioner shall consist of a good faith reasonable effort to providenotification, including mailing a copy of the notification to the last-known address of the victim.
(10) A court may modify or vacate an order of protection or any provisions in the orderafter notice and hearing, except that the criminal provisions of a protective order may not bevacated within two years of issuance unless the petitioner:
(a) is personally served with notice of the hearing as provided in Rules 4 and 5, UtahRules of Civil Procedure, and the petitioner personally appears before the court and givesspecific consent to the vacation of the criminal provisions of the protective order; or
(b) submits a verified affidavit, stating agreement to the vacation of the criminalprovisions of the protective order.
(11) A protective order may be modified without a showing of substantial and materialchange in circumstances.
(12) Insofar as the provisions of this chapter are more specific than the Utah Rules ofCivil Procedure, regarding protective orders, the provisions of this chapter govern.

Amended by Chapter 146, 2009 General Session


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