78B-7-605.  Dismissal.

(1)  The court may amend or dismiss a protective order issued in accordance with this part that has been in effect for at least one year if the court finds that:

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Terms Used In Utah Code 78B-7-605

  • Abuse: means , except as provided in Section 78B-7-201, intentionally or knowingly causing or attempting to cause another individual physical harm or intentionally or knowingly placing another individual in reasonable fear of imminent physical harm. See Utah Code 78B-7-102
  • Court: means the district court or juvenile court. See Utah Code 78B-7-201
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Domestic violence: means the same as that term is defined in Section 77-36-1. See Utah Code 78B-7-102
  • 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.
  • Protective order: means :
(a) a cohabitant abuse protective order; or
(b) an ex parte cohabitant abuse protective order. See Utah Code 78B-7-601
  • Respondent: means the individual against whom enforcement of a protective order is sought. See Utah Code 78B-7-102
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Writing: includes :Utah Code 68-3-12.5
    • (a)  the basis for the issuance of the protective order no longer exists;

    (b)  the petitioner has repeatedly acted in contravention of the protective order provisions to intentionally or knowingly induce the respondent to violate the protective order; and

    (c)  the petitioner’s actions demonstrate that the petitioner no longer has a reasonable fear of the respondent.

    (2)  The court shall enter sanctions against either party if the court determines that either party acted:

    (a)  in bad faith; or

    (b)  with intent to harass or intimidate the other party.

    (3)  If a divorce proceeding is pending between parties to a protective order action, the court shall dismiss the protective order when the court issues a decree of divorce for the parties if:

    (a)  the respondent files a motion to dismiss a protective order in both the divorce action and the protective order action and personally serves the petitioner; and

    (b) 

    (i)  the parties stipulate in writing or on the record to dismiss the protective order; or

    (ii)  based on evidence at the divorce trial, the court determines that the petitioner no longer has a reasonable fear of future harm, abuse, or domestic violence.

    (4)  When the court dismisses a protective order, the court shall immediately:

    (a)  issue an order of dismissal to be filed in the protective order action; and

    (b)  transmit a copy of the order of dismissal to the statewide domestic violence network as described in Section 78B-7-113.

    Amended by Chapter 159, 2021 General Session

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