Utah Code 78B-7-606. Expiration — Extension

78B-7-606. Expiration — Extension.

(1)

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Terms Used In Utah Code 78B-7-606

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
Cohabitant: means an emancipated individual under Section 15-2-1 or an individual who is 16 years old or older who:

(i)	is or was a spouse of the other party;

(ii)	is or was living as if a spouse of the other party;

(iii)

is related by blood or marriage to the other party as the individual's parent, grandparent, sibling, or any other individual related to the individual by consanguinity or affinity to the second degree;

(iv)	has or had one or more children in common with the other party;

(v)	is the biological parent of the other party's unborn child;

(vi)	resides or has resided in the same residence as the other party; or

(vii)

is or was in a consensual sexual relationship with the other party. See Utah Code 78B-7-102

Cohabitant abuse 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-7-601

Court: means the district court or juvenile court. See Utah Code 78B-7-201

Domestic violence: means the same as that term is defined in Section 77-36-1. See Utah Code 78B-7-102

Protective order: means :

(a)	a cohabitant abuse protective order; or

(b)	an ex parte cohabitant abuse protective order. See Utah Code 78B-7-601 Qualifying domestic violence offense: means the same as that term is defined in Section 77-36-1. See Utah Code 78B-7-102 Respondent: means the individual against whom enforcement of a protective order is sought. See Utah Code 78B-7-102
(a)	Except as provided in Subsection (1)(b) and subject to the other provisions of this section, a cohabitant abuse protective order automatically expires three years after the day on which the cohabitant abuse protective order is entered.

(b)

(i)	The civil provisions of a cohabitant abuse protective order described in Section 78B-7-603 expires 150 days after the day on which the cohabitant abuse protective order is entered, unless the court finds good cause for extending the expiration date of the civil provisions.

(ii)	Unless a motion under this section is granted, a court may not extend the civil provisions of a cohabitant abuse protective order for more than three years after the day on which the cohabitant abuse protective order is entered.

(2)

A cohabitant abuse protective order automatically expires under Subsection (1), unless the petitioner files a motion before the day on which the cohabitant abuse protective order expires and demonstrates that:

(a)	the petitioner has a current reasonable fear of future harm, abuse, or domestic violence; or

(b)	the respondent committed or was convicted of a cohabitant abuse protective order violation or a qualifying domestic violence offense, as defined in Section 77-36-1.1, subsequent to the issuance of the cohabitant abuse protective order.

(3)

(a)	If the court grants the motion under Subsection (2), the court shall set a new date on which the cohabitant abuse protective order expires.

(b)	The cohabitant abuse protective order will expire on the date set by the court unless the petitioner files a motion described in Subsection (2) to extend the cohabitant abuse protective order.

Amended by Chapter 159, 2021 General Session

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