Utah § 78B-7-1203 Enforcement of Canadian domestic violence protection order by tribunal.

Utah Statutes

§ 78B-7-1203 — Enforcement of Canadian domestic violence protection order by tribunal.

Utah·Title 78B Judicial Code·Ch. 78B-7 Protective Orders and Stalking Injunctions·Part 78B-7-12 Uniform Recognition and Enforcement of Canadian Domestic Violence Protection Orders Act

(1)A tribunal may issue an order enforcing or refusing to enforce a Canadian domestic violence protection order on application of:

(1)(a) a person authorized by the law of this state other than this part to seek enforcement of a domestic protection order; or

(1)(b) a respondent.

(2)In a proceeding under Subsection (1), the tribunal shall follow the procedures of this state for enforcement of a domestic protection order.

(3)An order entered under this section is limited to the enforcement of the terms of the Canadian domestic violence protection order as described in Section 78B-7-1201.

(4)A Canadian domestic violence protection order is enforceable under this section if:

(4)(a) the order identifies a protected individual and a respondent;

(4)(b) the order is valid and in effect;

(4)(c)

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(1) A tribunal may issue an order enforcing or refusing to enforce a Canadian domestic violence protection order on application of:
(1)(a) a person authorized by the law of this state other than this part to seek enforcement of a domestic protection order; or
(1)(b) a respondent.
(2) In a proceeding under Subsection (1), the tribunal shall follow the procedures of this state for enforcement of a domestic protection order.
(3) An order entered under this section is limited to the enforcement of the terms of the Canadian domestic violence protection order as described in Section 78B-7-1201.
(4) A Canadian domestic violence protection order is enforceable under this section if:
(4)(a) the order identifies a protected individual and a respondent;
(4)(b) the order is valid and in effect;
(4)(c) the issuing court had jurisdiction over the parties and the subject matter under law applicable in the issuing court; and
(4)(d) the order was issued after:
(4)(d)(i) the respondent was given reasonable notice and had an opportunity to be heard before the court issued the order; or
(4)(d)(ii) in the case of an ex parte order, the respondent was given reasonable notice and had or will have an opportunity to be heard within a reasonable time after the order was issued, in a manner consistent with the right of the respondent to due process.
(5) A Canadian domestic violence protection order valid on its face is prima facie evidence of the order's enforceability under this section.
(6) A claim that a Canadian domestic violence protection order does not comply with Subsection (4) is an affirmative defense in a proceeding seeking enforcement of the order.
(7) If a tribunal determines that a Canadian domestic violence protection order is not enforceable, the tribunal shall issue an order that the Canadian domestic violence protection order is not enforceable under this section and Section 78B-7-1202, and may not be registered under Section 78B-7-1204.
(8) This section applies to enforcement of a provision of a Canadian domestic violence protection order against a party to the order in which each party is a protected individual and respondent only if:
(8)(a) the party seeking enforcement of the order filed a pleading requesting the order from the issuing court; and
(8)(b) the court made specific findings that entitled the party to the enforcement sought.

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