§ 78B-7-605 — Dismissal.

(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.

Legislative History

Amended by Chapter 215, 2024 General Session