| (1) |
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Terms Used In Utah Code 78B-7-902- Conviction: A judgement of guilt against a criminal defendant.
- Conviction: means :
| (a) | a verdict or conviction; |
| (b) | a plea of guilty or guilty with a mental condition; |
| (c) | a plea of no contest; or |
| (d) | the acceptance by the court of a plea in abeyance. See Utah Code 78B-7-901- Court: means the district court or juvenile court. See Utah Code 78B-7-201
- Criminal stalking injunction: means a stalking injunction issued under 9. See Utah Code 78B-7-102
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Immediate family: means the same as that term is defined in Section 76-5-106. See Utah Code 78B-7-901
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- 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.
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Stalking: means the same as that term is defined in Section 76-5-106. See Utah Code 78B-7-102
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| (a) |
The following serve as an application for a permanent criminal stalking injunction limiting the contact between the defendant and the victim:
| (i) |
a conviction for:
| (B) |
attempt to commit stalking; or |
|
| (ii) |
a plea to any of the offenses described in Subsection (1)(a)(i) accepted by the court and held in abeyance for a period of time. |
|
| (b) |
| (i) |
The district court shall issue a permanent criminal stalking injunction at the time of conviction. |
| (ii) |
The court shall give the defendant notice of the right to request a hearing. |
|
| (c) |
If the defendant requests a hearing under Subsection (1)(b), the court shall hold the hearing at the time of the conviction unless the victim requests otherwise, or for good cause. |
| (d) |
If the conviction was entered in a justice court, the victim shall file a certified copy of the judgment and conviction or a certified copy of the court’s order holding the plea in abeyance with the court as an application and request for a hearing for a permanent criminal stalking injunction. |
| (2) |
The court shall issue a permanent criminal stalking injunction granting the following relief where appropriate:
| (a) |
an order:
| (i) |
restraining the defendant from entering the residence, property, school, or place of employment of the victim; and |
| (ii) |
requiring the defendant to stay away from the victim, except as provided in Subsection (4), and to stay away from any specified place that is named in the order and is frequented regularly by the victim; |
|
| (b) |
an order restraining the defendant from making contact with or regarding the victim, including an order forbidding the defendant from personally or through an agent initiating any communication, except as provided in Subsection (3), likely to cause annoyance or alarm to the victim, including personal, written, or telephone contact with or regarding the victim, with the victim’s employers, employees, coworkers, friends, associates, or others with whom communication would be likely to cause annoyance or alarm to the victim; and |
| (c) |
any other orders the court considers necessary to protect the victim and members of the victim’s immediate family or household. |
|
| (3) |
| (a) |
If the victim and defendant have minor children together, the court may consider provisions regarding the defendant’s exercise of custody and parent-time rights while ensuring the safety of the victim and any minor children. |
| (b) |
If the court issues a permanent criminal stalking injunction, but declines to address custody and parent-time issues, a copy of the permanent criminal stalking injunction shall be filed in any action in which custody and parent-time issues are being considered and the court may modify the injunction to balance the parties’ custody and parent-time rights. |
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| (4) |
Except as provided in Subsection (3), a permanent criminal stalking injunction may be modified, dissolved, or dismissed only upon application of the victim to the court which granted the injunction. |
Enacted by Chapter 142, 2020 General Session
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