House of Representatives
State of Utah
February 6, 2013
Madam Speaker:
The Judiciary Committee reports a favorable recommendation on H.B. 50, DATING VIOLENCE
PROTECTION ACT, by Representative J. Seelig, with the following amendments:
violence protective
dating violence
identification of the respondent, including Social Security number, driver license
number, date of birth, address, telephone number, and physical description.
Kay L. McIff
Voting: 9-0-0
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nature,
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(C) the nature and the frequency of the parties' interactions
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the
defendant
}
respondent
, in accordance with the requirements of this part.
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by federal law in Title 18 U.S.C. Section
931
}
921
, of the person under this
part.
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against the petitioner,
a
}
the district
court may:
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(2) A
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as the respondent, or is employed at the same place of employment as the respondent,
the
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(5) The
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(7) After the
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(10) A
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order, the
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(b) If, at the hearing described in Subsection (1)(a), the
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by the
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(d) If, at the hearing described in Subsection (1)(a), the
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(2) Upon a hearing under this section, the
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under Section
78B-7-404
, except the
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(3) If a
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petition to modify a dating violence protective order ex parte, the
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(b) obtaining a protective order under this part; or
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(c) service of a protective order issued under this part.
(b) The Administrative Office of the Courts shall:
(i) develop and adopt uniform forms for petitions and orders for protection in
accordance with the provisions of this chapter; and
(ii) provide the forms described in Subsection(3)(b)(i) to the clerk of each court
authorized to issue protective orders.
(c) The forms described in Subsection(3)(b)(i) shall include:
(i) a statement notifying the petitioner for an ex parte dating violence protective
order that knowing falsification of any statement or information provided for the
purpose of obtaining a protective order may subject the petitioner to felony
prosecution;
(ii) language stating violating of any criminal provision is a class B
misdemeanor; and
(iii) a space for any information the petitioner is able to provide to facilitate
(4) If the individual seeking to proceed under this chapter is not represented by an
attorney, it is the responsibility of the court clerk's office to provide:
(a) the forms adopted pursuant to Subsection (3);
(b) all other forms required to petition for an order for protection, including
forms for service;
(c) except for as provided by Subsection (5), clerical assistance in filling out the
forms and filing the petition, in accordance with Subsection (3)(a);
(d) information regarding the means available for the service of process;
(e) a list of legal service organizations that may represent the petitioner in an
action brough under this part, with the phone numbers of those organizations; and
(f) written information regarding the procedure for transporting a jailed or
imprisoned respondent to the protective order hearing, including an explanation for
the use of transportation order forms when necessary.
(5) A court clerk's office may designate any other entity, agency, or individual to
provide the service described in Subsection (4)(c), but the court clerk's office is
responsible to see that the service is provided.
(6) A petition for a dating violence protective order or ex parte dating violence
protective order shall be in writing and verified.
(7)(a) All protective orders issued under this part shall be issued in the form adopted
by the Administrative Office of the Courts under Section (3)(b).
(b) Each protective order issued under this part, except orders issued ex parte, shall
include the following language:
"Respondent was afforded both notice and opportunity to be heard in the
hearing that gave rise to this order. Pursuant to the Violence Against Women Act of
1994, P.L. 103-322, 108 Stat. 1796, 18 U.S.C.A. 2265, this order is valid in all the
United States, the District of Columbia, tribal lands, and United States territories.
This order complies with the Uniform Interstate Enforcement of Domestic Violence
Protection Orders Act."
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Section 7.
Section
78B-7-407
is enacted to read:
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probable cause to believe that the person has
Respectfully,
Committee Chair
3 HB0050.HC1.wpd 2/6/13 6:27 pm chelsealloyd/CBL RF/MDA
Bill Number
*HB0050*
HB0050