78B-7-405.  Hearings — Expiration — Extension.

(1) 

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Terms Used In Utah Code 78B-7-405

  • Court: means the district court or juvenile court. See Utah Code 78B-7-201
  • Dating 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-7-402
  • Ex parte dating violence protective order: means an order issued without notice to the respondent under this part. See Utah Code 78B-7-402
  • Protective order: means :
(a) a dating violence protective order; or
(b) an ex parte dating violence protective order. See Utah Code 78B-7-402
  • 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.
    • (a)  The court shall set a date for a hearing on the petition for a dating violence protective order to be held within 21 days after the day on which the court issues an ex parte dating violence protective order.

    (b)  If, at the hearing described in Subsection (1)(a), the court does not issue a dating violence protective order, the ex parte dating protective order shall expire, unless extended by the court.

    (c) 

    (i)  The court may extend the 21-day period described in Subsection (1)(a) only if:

    (A)  the petitioner is unable to be present at the hearing;

    (B)  the respondent has not been served; or

    (C)  exigent circumstances exist.

    (ii)  Under no circumstances may an ex parte dating violence protective order be extended beyond 180 days from the day on which the court issues the initial ex parte dating violence protective order.

    (d)  If, at the hearing described in Subsection (1)(a), the court issues a dating violence protective order, the ex parte dating violence protective order shall remain in effect until service of process of the dating violence protective order is completed.

    (e)  A dating violence protective order remains in effect for three years after the day on which the court issues the order.

    (f)  If the hearing described in Subsection (1)(a) is held by a commissioner, the petitioner or respondent may file an objection within 14 calendar days after the day on which the commissioner recommends the order, and, if the petitioner or respondent requests a hearing be held, the assigned judge shall hold a hearing on the objection within 21 days after the day on which the objection is filed.

    (2)  Upon a hearing under this section, the court may grant any of the relief permitted under Section 78B-7-404, except the court shall not grant the relief described in Subsection 78B-7-404(3)(b) without providing the respondent notice and an opportunity to be heard.

    (3)  If the court denies a petition for an ex parte dating violence protective order or a petition to modify a dating violence protective order ex parte, the court shall, upon the petitioner’s request made within five days after the day on which the court denies the petition:

    (a)  set the matter for a hearing to be held within 21 days after the day on which the petitioner makes the request; and

    (b)  notify and serve the respondent.

    (4) 

    (a)  A dating violence protective order automatically expires under Subsection (1)(e), unless the petitioner files a motion before the day on which the dating violence protective order expires requesting an extension of the dating violence protective order and demonstrates that:

    (i)  there is a substantial likelihood the petitioner will be subjected to dating violence; or

    (ii)  the respondent committed or was convicted of a violation of the dating violence protective order that the petitioner requests be extended or dating violence after the day on which the dating violence protective order is issued.

    (b) 

    (i)  If the court denies the motion described in Subsection (4)(a), the dating violence protective order expires under Subsection (1)(e).

    (ii)  If the court grants the motion described in Subsection (4)(a), the court shall set a new date on which the dating violence protective order expires.

    Amended by Chapter 159, 2021 General Session

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