78B-7-408. Duties of law enforcement officers -- Notice to victims.

294 words·~1 min read·/ut/title-78b/chapter-7/78b-7-408

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

Effective 5/5/2021

(1)A law enforcement officer who responds to an allegation of dating violence shall use all reasonable means to protect the victim and prevent further violence, including:

(a)taking action that, in the officer's discretion, is reasonably necessary to provide for the safety of the victim and any family or household member;

(b)confiscating the weapon or weapons involved in the alleged dating violence;

(c)making arrangements for the victim and any child to obtain emergency housing or shelter;

(d)providing protection while the victim removes essential personal effects;

(e)arranging, facilitating, or providing for the victim and any child to obtain medical treatment; and

(f)arranging, facilitating, or providing the victim with immediate and adequate notice of the rights of victims and of the remedies and services available to victims of dating violence, in accordance with Subsection

(2).

(a)A law enforcement officer shall give written notice to the victim in simple language, describing the rights and remedies available under this chapter.

(b)The written notice shall also include:

(i)a statement that the forms needed in order to obtain a protective order are available from the court clerk's office in the judicial district where the victim resides or is temporarily domiciled; and

(ii)a list of shelters, services, and resources available in the appropriate community, together with telephone numbers, to assist the victim in accessing any needed assistance.

(3)If a weapon is confiscated under this section, the law enforcement agency shall return the weapon to the individual from whom the weapon is confiscated if a dating protective order is not issued or once the dating protective order is terminated.

Amended by Chapter 159 , 2021 General Session