§ 78B-7-702 — Mutual civil stalking injunctions.

(1) A court may not grant a mutual order or mutual civil stalking injunction to opposing parties, unless each party:

(1)(a) files an independent petition against the other for a civil stalking injunction, and both petitions are served;
(1)(b) makes a showing at an evidentiary hearing on the civil stalking injunction that stalking has occurred by the other party; and
(1)(c) demonstrates the alleged act did not occur in self-defense.
(2) If the court issues mutual civil stalking injunctions, the court shall include specific findings of all elements of Subsection (1) in the court order justifying the entry of the court orders.
(3) (3)(a) Except as provided in Subsection (3)(b), a court may not grant a protective order to a civil petitioner who is the respondent or defendant subject to:
(3)(a)(i) a civil stalking injunction;
(3)(a)(ii) a civil protective order that is issued under:

(3)(a)(ii)(A) this part;
(3)(a)(ii)(B) Part 2, Child Protective Orders;
(3)(a)(ii)(C) Part 6, Cohabitant Abuse Protective Orders;
(3)(a)(ii)(D) Part 8, Criminal Protective Orders; or
(3)(a)(ii)(E) Title 80, Utah Juvenile Code;
(3)(a)(iii) an ex parte civil protective order issued under Part 2, Child Protective Orders; or
(3)(a)(iv) a foreign protection order enforceable under Part 3, Uniform Interstate Enforcement of Domestic Violence Protection Orders Act.
(3)(b) The court may issue a protective order to a civil petitioner described in Subsection (3)(a) if:
(3)(b)(i) the court determines that the requirements of Subsection (1) are met; and
(3)(b)(ii) (3)(b)(ii)(A) the same court issued the protective order against the respondent; or
(3)(b)(ii)(B) the subsequent court determines it would be impractical for the original court to consider the matter or confers with the court that issued the protective order described in Subsection (3)(a)(ii) or (iii).

Legislative History

Amended by Chapter 262, 2021 General Session