Utah Code 78B-7-1105. Extension

Effective 7/1/2023

78B-7-1105. Extension.

(1)

A workplace violence protective order expires automatically, unless the petitioner:

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Court: means the district court or juvenile court. See Utah Code 78B-7-201
Employee: means an employee in the service of an employer for compensation. 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

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:

(i)	an employer; or

(ii)	an employee performing the employee's duties as an employee; and

(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
(a)	files a motion before the day on which the workplace violence protective order expires; and

(b)

demonstrates that:

(i)	there is a substantial likelihood that the petitioner an employee of the petitioner while performing the employee’s duties as an employee; or

(ii)	the respondent committed or was convicted of a violation of the workplace violence protective order that the petitioner requests be extended.

(2)

(a)	Subject to Subsection (2)(b), if a court grants a motion described in Subsection (1)(a), the court shall set a new date on which the workplace violence protective order expires.

(b)	A court may not extend a workplace violence protective order for more than 18 months after the day on which the court issues the order for extension.

(3)	After the day on which the court issues an extension of a workplace violence protective order, the court shall take the action described in Subsection 78B-7-1103(3).

(4)	This part does not prohibit a petitioner from seeking another protective order after the day on which the petitioner’s protective order expires.

Enacted by Chapter 170, 2023 General Session