78B-7-504.  Sexual violence protective orders — Ex parte protective orders — Modification of orders.

(1)  If it appears from a petition for a protective order or a petition to modify an existing protective order that sexual violence has occurred, the district court may:

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Terms Used In Utah Code 78B-7-504

  • 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
  • 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.
  • Ex parte sexual violence protective order: means an order issued without notice to the respondent under this part. See Utah Code 78B-7-502
  • law enforcement agency: means any public agency having general police power and charged with making arrests in connection with enforcement of the criminal statutes and ordinances of this state or any political subdivision. See Utah Code 78B-7-102
  • Protective order: means :
(a) a sexual violence protective order; or
(b) an ex parte sexual violence protective order. See Utah Code 78B-7-502
  • 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.
  • Sexual violence: means the commission or the attempt to commit:
    (a) any sexual offense described in 4, or 2;
    (b) human trafficking for sexual exploitation under Section 76-5-308. See Utah Code 78B-7-502
  • Sexual 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-7-502
    • (a)  without notice, immediately issue an ex parte sexual violence protective order against the respondent or modify an existing sexual violence protective order ex parte, if necessary to protect the petitioner or any party named in the petition; or

    (b)  upon notice to the respondent, issue a sexual violence protective order or modify a sexual violence protective order after a hearing, regardless of whether the respondent appears.

    • (2)  The district court may grant the following relief with or without notice in a protective order or in a modification to a protective order:

    (a)  prohibit the respondent from threatening to commit or committing sexual violence against the petitioner and a family or household member designated in the protective order;

    (b)  prohibit the respondent from telephoning, contacting, or otherwise communicating with the petitioner or a family or household member designated in the protective order, directly or indirectly;

    (c)  order that the respondent:

    (i)  is excluded and shall stay away from the petitioner’s residence and its premises;

    (ii)  subject to Subsection (4), stay away from the petitioner’s:

    (A)  school and its premises;

    (B)  place of employment and its premises; or

    (C)  place of worship and its premises; or

    (iii)  stay away from any specified place frequented by the petitioner or a family or household member designated in the protective order;

    (d)  prohibit the respondent from being within a specified distance of the petitioner; or

    (e)  order any further relief that the district court considers necessary to provide for the safety and welfare of the petitioner and a family or household member designated in the protective order.

    (3)  The district court may grant the following relief in a sexual violence protective order or a modification of a sexual violence protective order, after notice and a hearing, regardless of whether the respondent appears:

    (a)  the relief described in Subsection (2); and

    (b)  subject to Subsection (5), upon finding that the respondent’s use or possession of a weapon poses a serious threat of harm to the petitioner or a family or household member designated in the protective order, prohibit the respondent from purchasing, using, or possessing a weapon specified by the district court.

    (4)  If the petitioner or a family or household member designated in the protective order attends the same school as the respondent, is employed at the same place of employment as the respondent, or attends the same place of worship as the respondent, the court may enter an order:

    (a)  that excludes the respondent from the respondent’s school, place of employment, or place of worship; or

    (b)  governing the respondent’s conduct at the respondent’s school, place of employment, or place of worship.

    (5)  The district court may not prohibit the respondent from possessing a firearm:

    (a)  if the respondent has not been given notice of the petition for a protective order and an opportunity to be heard; and

    (b)  unless the petition establishes:

    (i)  by a preponderance of the evidence that the respondent committed sexual violence against the petitioner; and

    (ii)  by clear and convincing evidence that the respondent’s use or possession of a firearm poses a serious threat of harm to the petitioner or a family or household member designated in the protective order.

    (6)  After the day on which the district court issues a sexual violence protective order, the district court shall:

    (a)  as soon as possible, deliver the order to the county sheriff for service of process;

    (b)  make reasonable efforts at the hearing to ensure that the petitioner and the respondent, if present, understand the sexual violence protective order;

    (c)  transmit electronically, by the end of the business day after the day on which the court issues the order, a copy of the sexual violence protective order to a local law enforcement agency designated by the petitioner; and

    (d)  transmit a copy of the sexual violence protective order in the same manner as described in Section 78B-7-113.

    (7) 

    (a)  A respondent may request the court modify or vacate a protective order in accordance with Subsection (7)(b).

    (b)  Upon a respondent’s request, the district court may modify or vacate a protective order after notice and a hearing, if the petitioner:

    (i)  is personally served with notice of the hearing, as provided in the Utah Rules of Civil Procedure, and appears before the district court to give specific consent to the modification or vacation of the provisions of the protective order; or

    (ii)  submits an affidavit agreeing to the modification or vacation of the provisions of the protective order.

    Amended by Chapter 142, 2020 General Session

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