78B-7-108. Mutual protective orders.

322 words·~1 min read·/ut/title-78b/chapter-7/78b-7-108·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 9/1/2021

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

(a)files an independent petition against the other for a civil protective order, and both petitions are served;

(b)makes a showing at a due process civil protective order hearing of abuse or domestic violence committed by the other party; and

(c)demonstrates the abuse or domestic violence did not occur in self-defense.

(2)If the court issues mutual civil protective orders, the court shall include specific findings of all elements of Subsection

(1)in the court order justifying the entry of the court order.

(a)Except as provided in Subsection (3)(b) , a court may not grant a civil protective order to a petitioner who is the respondent or defendant subject to a protective order, child protective order, or ex parte child protective order:

(i)issued under:

(A)Title 77, Chapter 36, Cohabitant Abuse Procedures Act ;

(B)Title 80, Utah Juvenile Code ;

(C)Part 6, Cohabitant Abuse Protective Orders ; or

(D)Part 8, Criminal Protective Orders ; or

(ii)enforceable under Part 3, Uniform Interstate Enforcement of Domestic Violence Protection Orders Act .

(b)The court may grant a civil protective order to a petitioner described in Subsection (3)(a) if:

(i)the court determines that the requirements of Subsection

(1)are met; and

(A)the same court that issued the protective order, child protective order, or ex parte child protective order issues the civil protective order against the respondent; or

(B)if the matter is before a subsequent court, 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, child protective order, or ex parte child protective order.

Amended by Chapter 159 , 2021 General Session

Amended by Chapter 262 , 2021 General Session