78B-7-506.  Service of process.

(1) 

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Terms Used In Utah Code 78B-7-506

  • Court: means the district court or juvenile court. See Utah Code 78B-7-201
  • 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
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • 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 county sheriff that receives an order from the court under Subsection 78B-7-504(6) or 78B-7-505(3) shall:

    (i)  provide expedited service for the sexual violence protective order; and

    (ii)  after the sexual violence protective order is served, transmit verification of service of process to the statewide network described in Section 78B-7-113.

    (b)  This section does not prohibit another law enforcement agency from providing service of process if the law enforcement agency:

    (i)  has contact with the respondent; or

    (ii)  determines that, under the circumstances, providing service of process on the respondent is in the best interest of the petitioner.
  • (2)  When a sexual violence protective order is served on a respondent in jail, or other holding facility, the law enforcement agency managing the facility shall make a reasonable effort to provide notice to the petitioner at the time the respondent is released from incarceration.

    Enacted by Chapter 365, 2019 General Session