| (1) |
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Terms Used In Utah Code 78B-7-1104- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Court: means the district court or juvenile court. See Utah Code 78B-7-201
- Ex parte workplace violence protective order: means an order issued without notice to the respondent under this part. See Utah Code 78B-7-1101
- Protective order: means :
| (a) | a workplace violence protective order; or |
| (b) | an ex parte workplace violence protective order. See Utah Code 78B-7-1101- Respondent: means the individual against whom enforcement of a protective order is sought. See Utah Code 78B-7-102
- Service of process: The service of writs or summonses to the appropriate party.
- Workplace violence: means knowingly causing or threatening to cause bodily injury to, or significant damage to the property of, a person, if:
| (a) | the person is:| (ii) | an employee performing the employee's duties as an employee; and |
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| (b) | | (i) | the action would cause a reasonable person to feel terrorized, frightened, intimidated, or harassed; or |
| (ii) | the threat:| (A) | would cause a reasonable person to fear that the threat will be carried out; and |
| (B) | if carried out, would cause a reasonable person to feel terrorized, frightened, intimidated, or harassed. See Utah Code 78B-7-1101- Workplace violence protective order: means an order issued under this part after a hearing on the petition, of which the petitioner and respondent have been given notice. See Utah Code 78B-7-1101
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| (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. |
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| (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. |
| (f) |
| (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. |
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| (2) |
| (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. |
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Enacted by Chapter 170, 2023 General Session
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