78B-7-805.  Sentencing protective orders and continuous protective orders for an offense that is not domestic violence — Modification — Expiration.

(1)  Before a perpetrator has been convicted of or adjudicated for an offense that is not domestic violence is placed on probation, the court may consider the safety and protection of the victim and any member of the victim’s family or household.

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Terms Used In Utah Code 78B-7-805

  • 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
  • Conviction: A judgement of guilt against a criminal defendant.
  • 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
  • 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.
  • 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
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Protective order: means :
(a) a child protective order; or
(b) an ex parte child protective order. See Utah Code 78B-7-201
(2)  The court may condition probation or a plea in abeyance on the perpetrator’s compliance with a sentencing protective order that includes:

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

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

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

(d)  an order prohibiting the perpetrator from purchasing, using, or possessing a firearm or other specified weapon;

(e)  an order directing the perpetrator to surrender any weapons the perpetrator owns or possesses; and

(f)  an order imposing any other condition necessary to protect the victim and any other designated family or household member or to rehabilitate the perpetrator.

(3) 

(a)  If a perpetrator is convicted of an offense that is not domestic violence resulting in a sentence of imprisonment that is to be served after conviction, the court may issue a continuous protective order at the time of the conviction or sentencing limiting the contact between the perpetrator and the victim if the court determines by clear and convincing evidence that the victim has a reasonable fear of future harm or abuse.

(b) 

(i)  The court shall notify the perpetrator of the right to request a hearing.

(ii)  If the perpetrator requests a hearing under this Subsection (3), the court shall hold the hearing at the time determined by the court and the continuous protective order shall be in effect while the hearing is being scheduled and while the hearing is pending.

(c)  Except as provided in Subsection (6), a continuous protective order is permanent in accordance with this Subsection (3)(c) and may include any order described in Subsection 78B-7-804(3)(c).

(4)  A continuous protective order issued under this section may be modified or dismissed only in accordance with Subsection 78B-7-804(4).

(5)  Except as provided in Subsection (6), in addition to the process of issuing a continuous protective order described in Subsection (3)(a), a district court may issue a continuous protective order at any time in accordance with Subsection 78B-7-804(5).

(6) 

(a)  Unless the juvenile court transfers jurisdiction of the offense to the district court under Section 80-6-504, a continuous protective order may not be issued under this section against a perpetrator who is a minor.

(b)  Unless the court sets an earlier date for expiration, a sentencing protective order issued under this section against a perpetrator who is a minor expires on the earlier of:

(i)  the day on which the juvenile court terminates jurisdiction; or

(ii)  in accordance with Section 80-6-807, the day on which the Division of Juvenile Justice Services discharges the perpetrator.

Amended by Chapter 159, 2021 General Session
Amended by Chapter 159, 2021 General Session, (Coordination Clause)

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