Utah § 78B-7-605 Dismissal.

Utah Statutes

§ 78B-7-605 — Dismissal.

Utah § 78B-7-605

Title 78BJudicial Code

Ch. 78B-7Protective Orders and Stalking Injunctions

Part 78B-7-6Cohabitant Abuse Protective Orders

This text of Utah § 78B-7-605 (Dismissal.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 78B-7-605 (2026).

Text

(1)Except as otherwise provided in Subsection 78B-7-603(10) concerning the criminal provisions of a cohabitant abuse protective order, the court may amend or dismiss a protective order issued in accordance with this part that has been in effect for at least one year if the court finds that:

(1)(a) the basis for the issuance of the protective order no longer exists;

(1)(b) the petitioner has repeatedly acted in contravention of the protective order provisions to intentionally or knowingly induce the respondent to violate the protective order; and

(1)(c) the petitioner's actions demonstrate that the petitioner no longer has a reasonable fear of the respondent.

(2)The court shall enter sanctions against either party if the court determines that either party acted:

(2)(a) in bad faith; or (2

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(1) Except as otherwise provided in Subsection 78B-7-603(10) concerning the criminal provisions of a cohabitant abuse protective order, the court may amend or dismiss a protective order issued in accordance with this part that has been in effect for at least one year if the court finds that:
(1)(a) the basis for the issuance of the protective order no longer exists;
(1)(b) the petitioner has repeatedly acted in contravention of the protective order provisions to intentionally or knowingly induce the respondent to violate the protective order; and
(1)(c) the petitioner's actions demonstrate that the petitioner no longer has a reasonable fear of the respondent.
(2) The court shall enter sanctions against either party if the court determines that either party acted:
(2)(a) in bad faith; or
(2)(b) with intent to harass or intimidate the other party.
(3) If a divorce proceeding is pending between parties to a protective order action, the court shall dismiss the protective order when the court issues a decree of divorce for the parties if:
(3)(a) the respondent files a motion to dismiss a protective order in both the divorce action and the protective order action and personally serves the petitioner; and
(3)(b) (3)(b)(i) the parties stipulate in writing or on the record to dismiss the protective order; or
(3)(b)(ii) based on evidence at the divorce trial, the court determines that the petitioner no longer has a reasonable fear of future harm, abuse, or domestic violence.
(4) When the court dismisses a protective order, the court shall immediately:
(4)(a) issue an order of dismissal to be filed in the protective order action; and
(4)(b) transmit a copy of the order of dismissal to the statewide domestic violence network as described in Section 78B-7-113.