78B-7-605. Dismissal.

301 words·~1 min read·/ut/title-78b/chapter-7/78b-7-605

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

Effective 5/1/2024

(1)Except as otherwise provided in Subsection 78B-7-603

(10)concerning the criminal provisions of a cohabitant abuse protective order, the court may amend or dismiss a protective order issued in accordance with this part that has been in effect for at least one year if the court finds that:

(a)the basis for the issuance of the protective order no longer exists;

(b)the petitioner has repeatedly acted in contravention of the protective order provisions to intentionally or knowingly induce the respondent to violate the protective order; and

(c)the petitioner's actions demonstrate that the petitioner no longer has a reasonable fear of the respondent.

(2)The court shall enter sanctions against either party if the court determines that either party acted:

(a)in bad faith; or

(b)with intent to harass or intimidate the other party.

(3)If a divorce proceeding is pending between parties to a protective order action, the court shall dismiss the protective order when the court issues a decree of divorce for the parties if:

(a)the respondent files a motion to dismiss a protective order in both the divorce action and the protective order action and personally serves the petitioner; and

(i)the parties stipulate in writing or on the record to dismiss the protective order; or

(ii)based on evidence at the divorce trial, the court determines that the petitioner no longer has a reasonable fear of future harm, abuse, or domestic violence.

(4)When the court dismisses a protective order, the court shall immediately:

(a)issue an order of dismissal to be filed in the protective order action; and

(b)transmit a copy of the order of dismissal to the statewide domestic violence network as described in Section 78B-7-113 .

Amended by Chapter 215 , 2024 General Session