76-5-108.  Violation of protective order.

(1)  Terms defined in Section 76-1-101.5 apply to this section.

Attorney's Note

Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class A misdemeanorup to 364 daysup to $2,500
For details, see Utah Code § 76-3-204

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Terms Used In Utah Code 76-5-108

  • Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
  • Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
(2)  An actor commits violation of protective order if the actor:

(a)  is the respondent or defendant subject to a protective order, child protective order, ex parte protective order, ex parte child protective order, or foreign protection order issued under, or for the purposes of Subsection (2)(a)(i), enforceable under:

(i)  3;

(ii)  6;

(iii)  8; or

(iv)  Title 80, Utah Juvenile Code; and

(b)  intentionally or knowingly violates that order after having been properly served or having been present, in person or through court video conferencing, when the order was issued.

(3)  A violation of Subsection (2) is a class A misdemeanor, except as a greater penalty may be provided in Title 77, Chapter 36, Cohabitant Abuse Procedures Act.

(4)  Violation of an order described in Subsection (2) is a domestic violence offense under Section 77-36-1 and subject to increased penalties in accordance with Section 77-36-1.1.

Amended by Chapter 181, 2022 General Session