H.B. 81 Enrolled

MOTIONS TO VACATE EX PARTE
PROTECTIVE ORDERS
1998 GENERAL SESSION
STATE OF UTAH
Sponsor: Patricia B. Larson
AN ACT RELATING TO THE COHABITANT ABUSE ACT; PROVIDING THAT A
RESPONDENT TO AN EX PARTE PROTECTIVE ORDER MAY MOVE TO VACATE
THAT ORDER; AND PROVIDING FOR AN EXPEDITED HEARING.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
30-6-4.3, as enacted by Chapter 300, Laws of Utah 1995
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 30-6-4.3 is amended to read:
30-6-4.3. Hearings on ex parte orders.
(1) (a) When a court issues an ex parte protective order the court shall set a date for a
hearing on the petition within 20 days after the ex parte order is issued.
(b) If at that hearing the court does not issue a protective order, the ex parte protective
order shall expire, unless it is otherwise modified by the court.
(c) If at that hearing the court issues a protective order, the ex parte protective order
remains in effect until service of process of the protective order is completed.
(d) A protective order issued after notice and a hearing is effective until further order of
the court.
(2) Upon a hearing under this section, the court may grant any of the relief described in
Section 30-6-4.2.
(3) When a court denies a petition for an ex parte protective order or a petition to modify
an order for protection ex parte, the court shall set the matter for hearing upon notice to the
respondent.
(4) A respondent who has been served with an ex parte protective order may seek to vacate
the ex parte protective order prior to the hearing scheduled pursuant to Subsection (1)(a) by filing

a verified motion to vacate. The respondent's verified motion to vacate and a notice of hearing on
that motion shall be personally served on the petitioner at least two days prior to the hearing on the
motion to vacate.

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