Utah Code 78B-7-803. Pretrial protective orders

78B-7-803. Pretrial protective orders.

(1)

Have a question?
Click here to chat with a criminal defense lawyer and protect your rights.

Terms Used In Utah Code 78B-7-803

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
Domestic violence: means the same as that term is defined in Section 77-36-1. See Utah Code 78B-7-102
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Minor: means the same as that term is defined in Section 80-1-102. See Utah Code 78B-7-801
Protective order: means :

(a)	a child protective order; or

(b)

an ex parte child protective order. See Utah Code 78B-7-201

Qualifying offense: means :

(a)	domestic violence;

(b)	an offense against a child or vulnerable adult; or

(c)

the commission or attempted commission of an offense described in Section 76-9-702. See Utah Code 78B-7-801

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)

When an alleged perpetrator is charged with a crime involving a qualifying offense, the court shall, at the time of the alleged perpetrator’s court appearance under Section 77-36-2.6:

(i)	determine the necessity of imposing a pretrial protective order or other condition of pretrial release; and

(ii)	state the court’s findings and determination in writing.

(b)	Except as provided in Subsection (4), in any criminal case, the court may, during any court hearing where the alleged perpetrator is present, issue a pretrial protective order, pending trial.

(2)

A court may include any of the following provisions in a pretrial protective order:

(a)	an order enjoining the alleged perpetrator from threatening to commit or committing acts of domestic violence or abuse against the victim and any designated family or household member;

(b)	an order prohibiting the alleged perpetrator from harassing, telephoning, contacting, or otherwise communicating with the victim, directly or indirectly;

(c)

When determining the necessity of imposing a pretrial protective order or other condition of pretrial release, a court may consider the results of any relevant lethality assessment conducted in accordance with Section 77-36-2.1.

(c) an order removing and excluding the alleged perpetrator from the victim’s residence and the premises of the residence;

(d)	an order requiring the alleged perpetrator to stay away from the victim’s residence, school, or place of employment, and the premises of any of these, or any specified place frequented by the victim and any designated family member;

(e)	an order for any other relief that the court considers necessary to protect and provide for the safety of the victim and any designated family or household member;

(f)	an order identifying and requiring an individual designated by the victim to communicate between the alleged perpetrator and the victim if and to the extent necessary for family related matters;

(g)	an order requiring the alleged perpetrator to participate in an electronic or other type of monitoring program; and

(h)	if the alleged victim and the alleged perpetrator share custody of one or more minor children, an order for indirect or limited contact to temporarily facilitate parent visitation with a minor child.

(3)	If the court issues a pretrial protective order, the court shall determine whether to allow provisions for transfer of personal property to decrease the need for contact between the parties.

(4)

A pretrial protective order issued under this section against an alleged perpetrator who is a minor expires on the earlier of:

(a)	the day on which the alleged perpetrator is served with an order issued under Section 78B-7-804 or 78B-7-805;

(b)	the day on which the court makes a disposition of the alleged perpetrator’s case under 7; or

(c)	the day on which the juvenile court terminates jurisdiction.

(5)

A pretrial protective order issued under this section against an alleged perpetrator who is not a minor expires on the earliest of:

(a)	the day on which the court dismisses the case;

(b)	the day on which the court dismisses the pretrial protective order; or

(c)	the day on which the alleged perpetrator is served with an order issued under Section 78B-7-804 or 78B-7-805.

Amended by Chapter 114, 2023 General Session
Amended by Chapter 447, 2023 General Session

Previous section

Next section

Part 8 Contents