78B-7-505.  Hearings — Expiration — Extension.

(1) 

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Terms Used In Utah Code 78B-7-505

  • 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 sexual violence protective order: means an order issued without notice to the respondent under this part. See Utah Code 78B-7-502
  • 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)  The court shall set a date for a hearing on the petition for a sexual violence protective order to be held within 21 days after the day on which the court issues an ex parte protective order.

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

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

    (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.

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

    (e)  A sexual 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)  If the court denies a petition for an ex parte sexual violence protective order or a petition to modify a sexual 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 hearing to be held within 21 days after the day on which the petitioner makes the request; and

    (b)  notify and serve the respondent.

    (3) 

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

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

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

    (b) 

    (i)  If the court denies the motion described in Subsection (3)(a), the sexual violence protective order expires under Subsection (1)(e).

    (ii)  If the court grants the motion described in Subsection (3)(a), the court shall set a new date on which the sexual violence protective order expires.

    (iii)  A sexual violence protective order that is extended under this Subsection (3), may not be extended for more than three years after the day on which the court issues the order for extension.

    (c)  After the day on which the court issues an extension of a sexual violence protective order, the court shall take the action described in Subsection 78B-7-504(6).

    (4)  Nothing in this part prohibits a petitioner from seeking another protective order after the day on which the petitioner’s protective order expires.

    Amended by Chapter 159, 2021 General Session

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