78B-7-208. Falsification of information.

221 words·~1 min read·/ut/title-78b/chapter-7/78b-7-208

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

Effective 5/5/2027

(1)If a petitioner files a petition with a court for a protective order, the respondent may file a motion with the court alleging that the petitioner knowingly falsified a material statement or material information for the purpose of obtaining the protective order.

(2)A respondent may only make the motion described in Subsection

(1)within 60 days after the day of the hearing on the petition for the protective order.

(3)To prevail on a motion described in Subsection

(1), the respondent shall prove the allegation by clear and convincing evidence.

(4)The court may award reasonable attorney fees and costs to the party that prevails on the motion described in Subsection

(1).

(5)If the respondent prevails on the motion described in Subsection

(1)and the petitioner and respondent to the protective order proceeding are the child's parents:

(a)the court may order counseling for the child with a mental health therapist, as defined in Section 58-60-102 , chosen by the respondent, for up to 20 sessions at the discretion of the mental health therapist; and

(b)the respondent may file a motion or petition with the court with jurisdiction to modify parent-time to award make-up parent-time in accordance with Subsection 81-9-208(12) .

Enacted by Chapter 287 , 2026 General Session