Utah Code 78B-7-702. Mutual civil stalking injunctions

78B-7-702. Mutual civil stalking injunctions.

(1)

A court may not grant a mutual order or mutual civil stalking injunction to opposing parties, unless each party:

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Terms Used In Utah Code 78B-7-702

Civil protective order: means an order issued, subsequent to a hearing on the petition, of which the petitioner and respondent have been given notice, under:

(a)

(b)

(c)

5; or

(d)

6. See Utah Code 78B-7-102

Civil stalking injunction: means a stalking injunction issued under 7. See Utah Code 78B-7-102

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

Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.

Ex parte civil protective order: means an order issued without notice to the respondent under:

(a)

(b)

(c)

5; or

(d)

6. See Utah Code 78B-7-102

Foreign protection order: means the same as that term is defined in Section 78B-7-302. See Utah Code 78B-7-102

Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.

Protective order: means :

(a)	a child protective order; or

(b)	an ex parte child protective order. See Utah Code 78B-7-201 Respondent: means the individual against whom enforcement of a protective order is sought. See Utah Code 78B-7-102 Stalking: means the same as that term is defined in Section 76-5-106. See Utah Code 78B-7-102
(a)	files an independent petition against the other for a civil stalking injunction, and both petitions are served;

(b)	makes a showing at an evidentiary hearing on the civil stalking injunction that stalking has occurred by the other party; and

(c)	demonstrates the alleged act did not occur in self-defense.

(2)	If the court issues mutual civil stalking injunctions, the court shall include specific findings of all elements of Subsection (1) in the court order justifying the entry of the court orders.

(3)

(a)

Except as provided in Subsection (3)(b), a court may not grant a protective order to a civil petitioner who is the respondent or defendant subject to:

(i)	a civil stalking injunction;

(ii)

a civil protective order that is issued under:

(A)	this part;

(B)

(C)

(D)

8; or

(E)	Title 80, Utah Juvenile Code;

(iii)

an ex parte civil protective order issued under 2; or

(iv)	a foreign protection order enforceable under 3.

(b)

The court may issue a protective order to a civil petitioner described in Subsection (3)(a) if:

(i)	the court determines that the requirements of Subsection (1) are met; and

(ii)

(A)	the same court issued the protective order against the respondent; or

(B)	the subsequent court determines it would be impractical for the original court to consider the matter or confers with the court that issued the protective order described in Subsection (3)(a)(ii) or (iii).

Amended by Chapter 262, 2021 General Session

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