§ 78B-7-504 — Sexual violence protective orders -- Ex parte protective orders -- Modification of orders.

Utah § 78B-7-504

• Jurisdiction: Utah
• Title 78B: Judicial Code
• Ch. 78B-7: Protective Orders and Stalking Injunctions
• Part 78B-7-5: Sexual Violence Protective Orders

Text

(1) If it appears from a petition for a protective order or a petition to modify an existing protective order that sexual violence has occurred, the district court may:

(1)(a) without notice, immediately issue an ex parte sexual violence protective order against the respondent or modify an existing sexual violence protective order ex parte, if necessary to protect the petitioner or any party named in the petition; or
(1)(b) upon notice to the respondent, issue a sexual violence protective order or modify a sexual violence protective order after a hearing, regardless of whether the respondent appears.
(2) The district court may grant the following relief with or without notice in a protective order or in a modification to a protective order:

(2)(a) prohibit the respondent from threatening to commit or committing sexual violence against the petitioner and a family or household member designated in the protective order;
(2)(b) prohibit the respondent from telephoning, contacting, or otherwise communicating with the petitioner or a family or household member designated in the protective order, directly or indirectly;
(2)(c) order that the respondent:
(2)(c)(i) is excluded and shall stay away from the petitioner's residence and its premises;
(2)(c)(ii) subject to Subsection (4), stay away from the petitioner's:

(2)(c)(ii)(A) school and its premises;
(2)(c)(ii)(B) place of employment and its premises; or
(2)(c)(ii)(C) place of worship and its premises; or
(2)(c)(iii) stay away from any specified place frequented by the petitioner or a family or household member designated in the protective order;
(2)(d) prohibit the respondent from being within a specified distance of the petitioner; or
(2)(e) order any further relief that the district court considers necessary to provide for the safety and welfare of the petitioner and a family or household member designated in the protective order.
(3) The district court may grant the following relief in a sexual violence protective order or a modification of a sexual violence protective order, after notice and a hearing, regardless of whether the respondent appears:

(3)(a) the relief described in Subsection (2); and
(3)(b) subject to Subsection (5), upon finding that the respondent's use or possession of a weapon poses a serious threat of harm to the petitioner or a family or household member designated in the protective order, prohibit the respondent from purchasing, using, or possessing a weapon specified by the district court.
(4) If the petitioner or a family or household member designated in the protective order attends the same school as the respondent, is employed at the same place of employment as the respondent, or attends the same place of worship as the respondent, the court may enter an order:

(4)(a) that excludes the respondent from the respondent's school, place of employment, or place of worship; or
(4)(b) governing the respondent's conduct at the respondent's school, place of employment, or place of worship.
(5) The district court may not prohibit the respondent from possessing a firearm:

(5)(a) if the respondent has not been given notice of the petition for a protective order and an opportunity to be heard; and
(5)(b) unless the petition establishes:
(5)(b)(i) by a preponderance of the evidence that the respondent committed sexual violence against the petitioner; and
(5)(b)(ii) by clear and convincing evidence that the respondent's use or possession of a firearm poses a serious threat of harm to the petitioner or a family or household member designated in the protective order.
(6) After the day on which the district court issues a sexual violence protective order, the district court shall:

(6)(a) as soon as possible, deliver the order to the county sheriff for service of process;
(6)(b) make reasonable efforts at the hearing to ensure that the petitioner and the respondent, if present, understand the sexual violence protective order;
(6)(c) transmit electronically, by the end of the business day after the day on which the court issues the order, a copy of the sexual violence protective order to a local law enforcement agency designated by the petitioner; and
(6)(d) transmit a copy of the sexual violence protective order in the same manner as described in Section 78B-7-113.
(7) (7)(a) A respondent may request the court modify or vacate a protective order in accordance with Subsection (7)(b).
(7)(b) Upon a respondent's request, the district court may modify or vacate a protective order after notice and a hearing, if the petitioner:
(7)(b)(i) is personally served with notice of the hearing, as provided in the Utah Rules of Civil Procedure, and appears before the district court to give specific consent to the modification or vacation of the provisions of the protective order; or
(7)(b)(ii) submits an affidavit agreeing to the modification or vacation of the provisions of the protective order.

Legislative History

Amended by Chapter 142, 2020 General Session