78B-7-1104. Hearings -- Expiration.

415 words·~2 min read·/ut/title-78b/chapter-7/78b-7-1104

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

Effective 7/1/2023

(a)A court shall set a date for a hearing on the petition to be held within 21 days after the day on which the court issues an ex parte workplace violence protective order.

(b)If, at the hearing described in Subsection (1)(a) , the court does not issue a workplace violence protective order, the ex parte workplace violence protective order expires on the day on which the hearing is held, unless the court extends the ex parte workplace violence protective order.

(c)Subject to Subsection (1)(d) , a court may not extend an ex parte workplace violence protective order beyond 21 days after the day on which the court issues the ex parte workplace violence protective order, unless:

(i)a party is unable to be present at the hearing for good cause, established by the party's sworn affidavit;

(ii)the respondent has not been served; or

(iii)exigent circumstances exist.

(d)If, at the hearing described in Subsection (1)(a) , the court issues a workplace violence protective order, the ex parte workplace violence protective order remains in effect until service of process of the workplace violence protective order is completed.

(e)A workplace violence protective order issued after notice and a hearing remains in effect for a period the court determines, not to exceed 18 months after the day on which the court issues the order, unless the order is extended in accordance with Section 78B-7-1105 .

(i)If the hearing on the petition is heard by a commissioner, either the petitioner or respondent may file an objection within 10 calendar days after the day on which the commissioner enters the recommended order.

(ii)If a party files an objection as described in Subsection (1)(f)(i) , the judge shall hold a hearing on the objection within 21 days after the day on which the party files the objection.

(a)If a court denies a petition for an ex parte workplace violence protective order or a petition to modify a workplace violence protective order ex parte, the petitioner may, within five days after the day on which the court denies the petition, request a hearing.

(b)If the petitioner requests a hearing as described in Subsection (2)(a) , the court shall:

(i)set a hearing to be held within 21 days after the day on which the petitioner makes the request; and

(ii)notify and serve the respondent.

Enacted by Chapter 170 , 2023 General Session