78B-7-109. Continuing duty to inform court of other proceedings -- Effect of other proceedings.
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Effective 5/7/2025
78B-7-109. Continuing duty to inform court of other proceedings -- Effect of other proceedings.
(1)Each party has a continuing duty to inform the court of each proceeding for a civil protective order or a criminal protective order, any civil litigation, each proceeding in juvenile court, and each criminal case involving either party, including the case name, the file number, and the county and state of the proceeding, if that information is known by the party.
(a)A civil protective order issued under this chapter is in addition to and not in lieu of any other available civil or criminal proceeding.
(b)A petitioner is not barred from seeking a civil protective order because of other pending proceedings.
(c)A court may not delay granting a civil protective order under this chapter because of the existence of a pending civil action between the parties.
(d)If a petitioner seeks a civil protective order based upon facts related to an arrest, investigation, detention, charging, or conviction of the respondent, the court may consider the facts when determining whether to issue a civil protective order even if the records of the arrest, investigation, detention, charging, or conviction are expunged.
(3)A petitioner may omit the petitioner's address from all documents filed with the court under this chapter, but shall separately provide the court with a mailing address that is not to be made part of the public record, but that may be provided to a peace officer or entity for service of process.
Amended by Chapter 239 , 2025 General Session