78B-7-409. Mutual dating violence protective orders.

308 words·~1 min read·/ut/title-78b/chapter-7/78b-7-409

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 dating violence protective orders to opposing parties, unless each party:

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

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

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

(2)If the court issues mutual dating violence 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 protective order to a civil petitioner who is the respondent or defendant subject to:

(i)a civil protective order that is issued under:

(A)this part;

(B)Part 2, Child Protective Orders ;

(C)Part 6, Cohabitant Abuse Protective Orders ;

(D)Part 8, Criminal Protective Orders ; or

(E)Title 80, Utah Juvenile Code ;

(ii)an ex parte civil protective order issued under Part 2, Child Protective Orders ; or

(iii)a foreign protection order enforceable under Part 3, Uniform Interstate Enforcement of Domestic Violence Protection Orders Act .

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

(i)the court determines that the requirements of Subsection

(1)are met; and

(A)the same court issued the protective order against the respondent; or

(B)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 described in Subsection (3)(a)(i) or

(ii).

Amended by Chapter 262 , 2021 General Session