H.B.
50
DATING VIOLENCE PROTECTION ACT
House Committee
Amendments
Amendment 3 February 6, 2013 11:21 AM
Representative Jennifer M. Seelig
proposes the following amendments:
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nature,
or a relationship which has romance or intimacy as a goal by one or both parties,
regardless of
whether the relationship involves sexual intimacy.
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(C) the nature and the frequency of the parties' interactions
, including communications indicating
that the parties intended to begin a dating relationship
;
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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
district
court may grant the following relief without notice in a dating violence protective
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as the respondent, or is employed at the same place of employment as the respondent, the
district
court:
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(5) The
district
court may not prohibit the respondent from possessing a firearm:
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(7) After the
district
court issues a dating violence protective order, the
district
court shall:
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(10) A
district
court may modify or vacate a protective order under this part after notice and
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order, the
district
court shall set a date for a hearing on the petition.
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(b) If, at the hearing described in Subsection (1)(a), the
district
court does not issue a dating
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by the
district
court. Extensions beyond the 20-day period may not be granted unless:
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(d) If, at the hearing described in Subsection (1)(a), the
district
court issues a dating violence
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(2) Upon a hearing under this section, the
district
court may grant any of the relief permitted
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under Section
78B-7-404
, except the
district
court shall not grant the relief described in Subsection
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(3) If a
district
court denies a petition for an ex parte dating violence protective order or a
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petition to modify a dating violence protective order ex parte, the
district
court shall, upon 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.
(3)(a) The offices of the court clerk shall provide forms and nonlegal assistance to an individual
seeking to proceed 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 identification of the
respondent, including Social Security number, driver license number, date of birth, address, telephone
number, and physical description.
(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."
233
Section 7.
Section
78B-7-407
is enacted to read:
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probable cause to believe that the person has
intentionally or knowingly
violated a protective order issued
under this part,
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LRGC
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