| (1) |
A person authorized by the law of this state to seek enforcement of a protection order may seek enforcement of a valid foreign protection order in a tribunal of this state. The tribunal shall enforce the terms of the order, including terms that provide relief that a tribunal of this state would lack power to provide but for this section. The tribunal shall enforce the order, whether the order was obtained by independent action or in another proceeding, if it is an order issued in response to a complaint, petition, or motion filed by or on behalf of an individual seeking protection. In a proceeding to enforce a foreign protection order, the tribunal shall follow the procedures of this state for the enforcement of protection orders. |
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Terms Used In Utah Code 78B-7-303
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Court: means the district court or juvenile court. See Utah Code 78B-7-201
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Foreign protection order: means a protection order issued by a tribunal of another state. See Utah Code 78B-7-302
- Issuing state: means the state whose tribunal issues a protection order. See Utah Code 78B-7-302
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Mutual foreign protection order: means a foreign protection order that includes provisions in favor of both the protected individual seeking enforcement of the order and the respondent. See Utah Code 78B-7-302
- Person: means :Utah Code 68-3-12.5
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Protected individual: means an individual protected by a protection order. See Utah Code 78B-7-302
- Protection order: means an injunction or other order, issued by a tribunal under the domestic violence, family-violence, or anti-stalking laws of the issuing state, to prevent an individual from engaging in violent or threatening acts against, harassment of, contact or communication with, or physical proximity to, another individual. See Utah Code 78B-7-302
- Respondent: means the individual against whom enforcement of a protection order is sought. See Utah Code 78B-7-302
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Utah Code 78B-7-302
- Tribunal: means a court, agency, or other entity authorized by law to issue or modify a protection order. See Utah Code 78B-7-302
| (2) |
A tribunal of this state may not enforce a foreign protection order issued by a tribunal of a state that does not recognize the standing of a protected individual to seek enforcement of the order. |
| (3) |
A tribunal of this state shall enforce the provisions of a valid foreign protection order which govern custody and visitation, if the order was issued in accordance with the jurisdictional requirements governing the issuance of custody and visitation orders in the issuing state. |
| (4) |
A foreign protection order is valid if it:
| (a) |
identifies the protected individual and the respondent; |
| (b) |
is currently in effect; |
| (c) |
was issued by a tribunal that had jurisdiction over the parties and subject matter under the law of the issuing state; and |
| (d) |
was issued after the respondent was given reasonable notice and had an opportunity to be heard before the tribunal issued the order or, in the case of an order ex parte, the respondent was given notice and has had or will have an opportunity to be heard within a reasonable time after the order was issued, in a manner consistent with the rights of the respondent to due process. |
|
| (5) |
A foreign protection order valid on its face is prima facie evidence of its validity. |
| (6) |
Absence of any of the criteria for validity of a foreign protection order is an affirmative defense in an action seeking enforcement of the order. |
| (7) |
A tribunal of this state may enforce provisions of a mutual foreign protection order which favor a respondent only if:
| (a) |
the respondent filed a written pleading seeking a protection order from the tribunal of the issuing state; and |
| (b) |
the tribunal of the issuing state made specific findings in favor of the respondent. |
|
| (8) |
| (a) |
The juvenile court has jurisdiction to enforce foreign protection orders under this section over which the juvenile court would have had jurisdiction if the order had been originally sought in this state. |
| (b) |
The district court has jurisdiction to enforce foreign protection orders under this section:
| (i) |
over which the district court would have had jurisdiction if the order had been originally sought in this state; or |
| (ii) |
that are not under the jurisdiction of the juvenile court under Subsection (8)(a). |
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Renumbered and Amended by Chapter 3, 2008 General Session
