H.B. 81

1

MOTIONS TO VACATE EX PARTE
2 PROTECTIVE ORDERS
3 1998 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Patricia B. Larson
6 AN ACT RELATING TO THE COHABITANT ABUSE ACT; PROVIDING THAT A
7 RESPONDENT TO AN EX PARTE PROTECTIVE ORDER MAY MOVE TO VACATE
8 THAT ORDER; AND PROVIDING FOR AN EXPEDITED HEARING.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 30-6-4.3, as enacted by Chapter 300, Laws of Utah 1995
12 Be it enacted by the Legislature of the state of Utah:
13 Section 1. Section 30-6-4.3 is amended to read:
14 30-6-4.3. Hearings on ex parte orders.
15 (1) (a) When a court issues an ex parte protective order the court shall set a date for a
16 hearing on the petition within 20 days after the ex parte order is issued.
17 (b) If at that hearing the court does not issue a protective order, the ex parte protective
18 order shall expire, unless it is otherwise modified by the court.
19 (c) If at that hearing the court issues a protective order, the ex parte protective order
20 remains in effect until service of process of the protective order is completed.
21 (d) A protective order issued after notice and a hearing is effective until further order of
22 the court.
23 (2) Upon a hearing under this section, the court may grant any of the relief described in
24 Section 30-6-4.2.
25 (3) When a court denies a petition for an ex parte protective order or a petition to modify
26 an order for protection ex parte, the court shall set the matter for hearing upon notice to the
27 respondent.

1 (4) A respondent who has been served with an ex parte protective order may seek to vacate
2 the ex parte protective order prior to the hearing scheduled pursuant to Subsection (1)(a) by filing
3 a verified motion to vacate. That motion shall be heard by the judge who issued the ex parte
4 protective order pursuant to Subsection (1). The respondent's verified motion to vacate and a
5 notice of hearing on that motion shall be personally served on the petitioner at least two days prior
6 to the hearing on the motion to vacate.




Legislative Review Note
as of 1-8-98 2:16 PM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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