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9 LONG TITLE
10 General Description:
11 This bill enacts the Uniform Interstate Enforcement of Domestic Violence Protection
12 Orders Act and amends related code provisions.
13 Highlighted Provisions:
14 This bill:
15 . defines terms;
16 . requires that protective orders, and child protective orders, contain a statement that
17 the order complies with the Uniform Interstate Enforcement of Domestic Violence
18 Protection Orders Act;
19 . requires the district court to provide a certified copy of a foreign protection order
20 that is filed in Utah to the person who files the order;
21 . requires that a foreign protection order that is inaccurate or not in effect must be
22 removed from the statewide domestic violence network;
23 . describes the circumstances under which a foreign protection order is valid and
24 enforceable in Utah;
25 . requires a law enforcement officer to notify a respondent of, and make a reasonable
26 effort to serve the respondent with, an otherwise valid foreign protection order when
27 the respondent has not yet been notified of, or served with, the order;
28 . provides that a government official or agency is immune from civil or criminal
29 liability for good faith acts or omissions arising out of the registration or
30 enforcement of a foreign protection order;
31 . provides that the remedies available to a protected individual under the Uniform
32 Interstate Enforcement of Domestic Violence Protection Orders Act are not
33 exclusive remedies;
34 . provides for the uniform application, construction, and transitional applicability of
35 the Interstate Enforcement of Domestic Violence Protection Orders Act;
36 . provides a severability clause;
37 . provides criminal penalties for violating a foreign protection order that is
38 enforceable in Utah;
39 . requires a law enforcement officer to arrest a person whom the officer has probable
40 cause to believe has violated a foreign protection order that is enforceable in Utah;
42 . makes technical changes.
43 Monies Appropriated in this Bill:
45 Other Special Clauses:
46 This bill takes effect on July 1, 2006.
47 Utah Code Sections Affected:
49 30-6-1, as last amended by Chapter 68, Laws of Utah 2003
50 30-6-4, as last amended by Chapter 10, Laws of Utah 1997
51 30-6-12, as enacted by Chapter 244, Laws of Utah 1996
52 76-5-108, as last amended by Chapter 68, Laws of Utah 2003
53 77-36-2.4, as last amended by Chapter 68, Laws of Utah 2003
54 77-36-6, as last amended by Chapter 300, Laws of Utah 1995
55 78-3h-104, as last amended by Chapter 201, Laws of Utah 2004
57 30-6a-101, Utah Code Annotated 1953
58 30-6a-102, Utah Code Annotated 1953
59 30-6a-103, Utah Code Annotated 1953
60 30-6a-104, Utah Code Annotated 1953
61 30-6a-105, Utah Code Annotated 1953
62 30-6a-106, Utah Code Annotated 1953
63 30-6a-107, Utah Code Annotated 1953
64 30-6a-108, Utah Code Annotated 1953
65 30-6a-109, Utah Code Annotated 1953
66 30-6a-110, Utah Code Annotated 1953
67 30-6a-111, Utah Code Annotated 1953
69 Be it enacted by the Legislature of the state of Utah:
70 Section 1. Section 30-6-1 is amended to read:
71 30-6-1. Definitions.
72 As used in this chapter:
73 (1) "Abuse" means intentionally or knowingly causing or attempting to cause a
74 cohabitant physical harm or intentionally or knowingly placing a cohabitant in reasonable fear
75 of imminent physical harm.
76 (2) "Cohabitant" means an emancipated person pursuant to Section 15-2-1 or a person
77 who is 16 years of age or older who:
78 (a) is or was a spouse of the other party;
79 (b) is or was living as if a spouse of the other party;
80 (c) is related by blood or marriage to the other party;
81 (d) has one or more children in common with the other party;
82 (e) is the biological parent of the other party's unborn child; or
83 (f) resides or has resided in the same residence as the other party.
84 (3) Notwithstanding Subsection (2), "cohabitant" does not include:
85 (a) the relationship of natural parent, adoptive parent, or step-parent to a minor; or
86 (b) the relationship between natural, adoptive, step, or foster siblings who are under 18
87 years of age.
88 (4) "Court clerk" means a district court clerk.
89 (5) "Domestic violence" means the same as that term is defined in Section 77-36-1 .
90 (6) "Ex parte protective order" means an order issued without notice to the defendant in
91 accordance with this chapter.
92 (7) "Foreign [
102 (8) "Law enforcement unit" or "law enforcement agency" means any public agency
103 having general police power and charged with making arrests in connection with enforcement
104 of the criminal statutes and ordinances of this state or any political subdivision.
105 (9) "Peace officer" means those persons specified in Title 53, Chapter 13, Peace
106 Officer Classifications.
107 (10) "Protective order" means an order issued pursuant to this chapter subsequent to a
108 hearing on the petition, of which the petitioner and respondent have been given notice in
109 accordance with this chapter.
110 Section 2. Section 30-6-4 is amended to read:
111 30-6-4. Forms for petitions and protective orders -- Assistance.
112 (1) (a) The offices of the court clerk shall provide forms and nonlegal assistance to
113 persons seeking to proceed under this chapter.
114 (b) The Administrative Office of the Courts shall develop and adopt uniform forms for
115 petitions and orders for protection in accordance with the provisions of this chapter on or
116 before September 1, 1995. That office shall provide the forms to the clerk of each court
117 authorized to issue protective orders. The forms shall include:
118 (i) a statement notifying the petitioner for an ex parte protective order that knowing
119 falsification of any statement or information provided for the purpose of obtaining a protective
120 order may subject the petitioner to felony prosecution;
121 (ii) a separate portion of the form for those provisions, the violation of which is a
122 criminal offense, and a separate portion for those provisions, the violation of which is a civil
123 violation, as provided in Subsection 30-6-4.2 (5);
124 (iii) language in the criminal provision portion stating violation of any criminal
125 provision is a class A misdemeanor, and language in the civil portion stating violation of or
126 failure to comply with a civil provision is subject to contempt proceedings;
127 (iv) a space for information the petitioner is able to provide to facilitate identification
128 of the respondent, such as social security number, driver license number, date of birth, address,
129 telephone number, and physical description;
130 (v) a space for the petitioner to request a specific period of time for the civil provisions
131 to be in effect, not to exceed 150 days, unless the petitioner provides in writing the reason for
132 the requested extension of the length of time beyond 150 days;
133 (vi) a statement advising the petitioner that when a minor child is included in an ex
134 parte protective order or a protective order, as part of either the criminal or the civil portion of
135 the order, the petitioner may provide a copy of the order to the principal of the school where the
136 child attends; and
137 (vii) a statement advising the petitioner that if the respondent fails to return custody of
138 a minor child to the petitioner as ordered in a protective order, the petitioner may obtain from
139 the court a writ of assistance.
140 (2) If the person seeking to proceed under this chapter is not represented by an
141 attorney, it is the responsibility of the court clerk's office to provide:
142 (a) the forms adopted pursuant to Subsection (1);
143 (b) all other forms required to petition for an order for protection including, but not
144 limited to, forms for service;
145 (c) clerical assistance in filling out the forms and filing the petition, in accordance with
146 Subsection (1)(a). A court clerk's office may designate any other entity, agency, or person to
147 provide that service, but the court clerk's office is responsible to see that the service is
149 (d) information regarding the means available for the service of process;
150 (e) a list of legal service organizations that may represent the petitioner in an action
151 brought under this chapter, together with the telephone numbers of those organizations; and
152 (f) written information regarding the procedure for transporting a jailed or imprisoned
153 respondent to the protective order hearing, including an explanation of the use of transportation
154 order forms when necessary.
155 (3) No charges may be imposed by a court clerk, constable, or law enforcement agency
157 (a) filing a petition under this chapter;
158 (b) obtaining an ex parte protective order;
159 (c) obtaining copies, either certified or not certified, necessary for service or delivery to
160 law enforcement officials; or
161 (d) fees for service of a petition, ex parte protective order, or protective order.
162 (4) A petition for an order of protection shall be in writing and verified.
163 (5) (a) All orders for protection shall be issued in the form adopted by the
164 Administrative Office of the Courts pursuant to Subsection (1).
165 (b) Each protective order issued, except orders issued ex parte, shall include the
166 following language:
167 "Respondent was afforded both notice and opportunity to be heard in the hearing that
168 gave rise to this order. Pursuant to the Violence Against Women Act of 1994, P.L. 103-322,
169 108 Stat. 1796, 18 U.S.C.A. 2265, this order is valid in all the United States, the District of
170 Columbia, tribal lands, and United States territories. This order complies with the Uniform
171 Interstate Enforcement of Domestic Violence Protection Orders Act."
172 Section 3. Section 30-6-12 is amended to read:
173 30-6-12. Full faith and credit for foreign protection orders.
174 (1) A foreign [
176 Interstate Enforcement of Domestic Violence Protection Orders Act.
177 (2) (a) A person entitled to protection under a foreign [
178 file the order in any district court by filing with the court a certified copy of the order. A filing
179 fee may not be required.
180 (b) The person filing the foreign [
181 an affidavit, that to the best of the person's knowledge the order is presently in effect as written
182 and the respondent was personally served with a copy of the order.
183 (c) The affidavit described in Subsection (2)(b) shall be in the form adopted by the
184 Administrative Office of the Courts, consistent with its responsibilities to develop and adopt
185 forms under Section 30-6-4 .
186 (d) The court where [
187 order to the statewide domestic violence network described in Section 30-6-8 .
188 (e) Upon inquiry by a law enforcement agency, the clerk of the district court shall make
189 a copy of the foreign [
190 (f) After a foreign protection order is filed, the district court shall furnish a certified
191 copy of the order to the person who filed the order.
192 (g) A filed foreign protection order that is inaccurate or is not currently in effect shall
193 be corrected or removed from the statewide domestic violence network described in Section
194 30-6-8 .
195 (3) Law enforcement personnel may [
196 (a) rely upon a certified copy of any foreign [
197 been provided to the peace officer by any source; [
198 (b) rely on the statement of the person protected by the order that the order is in effect
199 and the respondent was personally served with a copy of the order[
200 (c) consider other information in determining whether there is probable cause to
201 believe that a valid foreign protection order exists.
202 (4) A violation in Utah of a foreign [
203 penalties as the violation of a protective order issued in Utah.
204 Section 4. Section 30-6a-101 is enacted to read:
207 30-6a-101. Title.
208 This chapter is known as the "Uniform Interstate Enforcement of Domestic Violence
209 Protection Orders Act."
210 Section 5. Section 30-6a-102 is enacted to read:
211 30-6a-102. Definitions.
212 As used in this chapter:
213 (1) "Foreign protection order" means a protection order issued by a tribunal of another
215 (2) "Issuing state" means the state whose tribunal issues a protection order.
216 (3) "Mutual foreign protection order" means a foreign protection order that includes
217 provisions in favor of both the protected individual seeking enforcement of the order and the
219 (4) "Protected individual" means an individual protected by a protection order.
220 (5) "Protection order" means an injunction or other order, issued by a tribunal under the
221 domestic violence, family-violence, or anti-stalking laws of the issuing state, to prevent an
222 individual from engaging in violent or threatening acts against, harassment of, contact or
223 communication with, or physical proximity to, another individual.
224 (6) "Respondent" means the individual against whom enforcement of a protection
225 order is sought.
226 (7) "State" means a state of the United States, the District of Columbia, Puerto Rico,
227 the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction
228 of the United States. The term includes an Indian tribe or band that has jurisdiction to issue
229 protection orders.
230 (8) "Tribunal" means a court, agency, or other entity authorized by law to issue or
231 modify a protection order.
232 Section 6. Section 30-6a-103 is enacted to read:
233 30-6a-103. Judicial enforcement of order.
234 (1) A person authorized by the law of this state to seek enforcement of a protection
235 order may seek enforcement of a valid foreign protection order in a tribunal of this state. The
236 tribunal shall enforce the terms of the order, including terms that provide relief that a tribunal
237 of this state would lack power to provide but for this section. The tribunal shall enforce the
238 order, whether the order was obtained by independent action or in another proceeding, if it is an
239 order issued in response to a complaint, petition, or motion filed by or on behalf of an
240 individual seeking protection. In a proceeding to enforce a foreign protection order, the
241 tribunal shall follow the procedures of this state for the enforcement of protection orders.
242 (2) A tribunal of this state may not enforce a foreign protection order issued by a
243 tribunal of a state that does not recognize the standing of a protected individual to seek
244 enforcement of the order.
245 (3) A tribunal of this state shall enforce the provisions of a valid foreign protection
246 order which govern custody and visitation, if the order was issued in accordance with the
247 jurisdictional requirements governing the issuance of custody and visitation orders in the
248 issuing state.
249 (4) A foreign protection order is valid if it:
250 (a) identifies the protected individual and the respondent;
251 (b) is currently in effect;
252 (c) was issued by a tribunal that had jurisdiction over the parties and subject matter
253 under the law of the issuing state; and
254 (d) was issued after the respondent was given reasonable notice and had an opportunity
255 to be heard before the tribunal issued the order or, in the case of an order ex parte, the
256 respondent was given notice and has had or will have an opportunity to be heard within a
257 reasonable time after the order was issued, in a manner consistent with the rights of the
258 respondent to due process.
259 (5) A foreign protection order valid on its face is prima facie evidence of its validity.
260 (6) Absence of any of the criteria for validity of a foreign protection order is an
261 affirmative defense in an action seeking enforcement of the order.
262 (7) A tribunal of this state may enforce provisions of a mutual foreign protection order
263 which favor a respondent only if:
264 (a) the respondent filed a written pleading seeking a protection order from the tribunal
265 of the issuing state; and
266 (b) the tribunal of the issuing state made specific findings in favor of the respondent.
267 Section 7. Section 30-6a-104 is enacted to read:
268 30-6a-104. Nonjudicial enforcement of order.
269 (1) A law enforcement officer of this state, upon determining that there is probable
270 cause to believe that a valid foreign protection order exists and that the order has been violated,
271 shall enforce the order as if it were the order of a tribunal of this state. Presentation of a
272 protection order that identifies both the protected individual and the respondent and, on its face,
273 is currently in effect constitutes probable cause to believe that a valid foreign protection order
274 exists. For the purposes of this section, the protection order may be inscribed on a tangible
275 medium or may have been stored in an electronic or other medium if it is retrievable in
276 perceivable form. Presentation of a certified copy of a protection order is not required for
278 (2) If a foreign protection order is not presented, a law enforcement officer of this state
279 may consider other information in determining whether there is probable cause to believe that a
280 valid foreign protection order exists.
281 (3) If a law enforcement officer of this state determines that an otherwise valid foreign
282 protection order cannot be enforced because the respondent has not been notified or served
283 with the order, the officer shall inform the respondent of the order, make a reasonable effort to
284 serve the order upon the respondent, and allow the respondent a reasonable opportunity to
285 comply with the order before enforcing the order.
286 (4) Registration or filing of an order in this state is not required for the enforcement of
287 a valid foreign protection order pursuant to this chapter.
288 Section 8. Section 30-6a-105 is enacted to read:
289 30-6a-105. Registration of order.
290 Any individual may register a foreign protection order in this state under Section
291 30-6-12 .
292 Section 9. Section 30-6a-106 is enacted to read:
293 30-6a-106. Immunity.
294 This state or a local governmental agency, or a law enforcement officer, prosecuting
295 attorney, clerk of court, or any state or local governmental official acting in an official capacity,
296 is immune from civil and criminal liability for an act or omission arising out of the registration
297 or enforcement of a foreign protection order or the detention or arrest of an alleged violator of a
298 foreign protection order if the act or omission was done in good faith in an effort to comply
299 with this chapter.
300 Section 10. Section 30-6a-107 is enacted to read:
301 30-6a-107. Other remedies.
302 A protected individual who pursues remedies under this chapter is not precluded from
303 pursuing other legal or equitable remedies against the respondent.
304 Section 11. Section 30-6a-108 is enacted to read:
305 30-6a-108. Uniformity of application and construction.
306 In applying and construing this uniform act, consideration must be given to the need to
307 promote uniformity of the law with respect to its subject matter among states that enact it.
308 Section 12. Section 30-6a-109 is enacted to read:
309 30-6a-109. Severability clause.
310 If any provision of this chapter or its application to any person or circumstance is held
311 invalid, the invalidity does not affect other provisions or applications of this chapter which can
312 be given effect without the invalid provision or application, and to this end the provisions of
313 this chapter are severable.
314 Section 13. Section 30-6a-110 is enacted to read:
315 30-6a-110. Effective date.
316 This act takes effect on July 1, 2006.
317 Section 14. Section 30-6a-111 is enacted to read:
318 30-6a-111. Transitional provision.
319 This chapter applies to protection orders issued before May 1, 2006 and to continuing
320 actions for enforcement of foreign protection orders commenced before May 1, 2006. A
321 request for enforcement of a foreign protection order made on or after May 1, 2006 for
322 violations of a foreign protection order occurring before May 1, 2006 is governed by this
324 Section 15. Section 76-5-108 is amended to read:
325 76-5-108. Protective orders restraining abuse of another -- Violation.
326 (1) Any person who is the respondent or defendant subject to a protective order, child
327 protective order, ex parte protective order, or ex parte child protective order issued under Title
328 30, Chapter 6, Cohabitant Abuse Act, or Title 78, Chapter 3a, Juvenile Court Act of 1996, Title
329 77, Chapter 36, Cohabitant Abuse Procedures Act, or a foreign [
331 Enforcement of Domestic Violence Protection Orders Act, who intentionally or knowingly
332 violates that order after having been properly served, is guilty of a class A misdemeanor, except
333 as a greater penalty may be provided in Title 77, Chapter 36, Cohabitant Abuse Procedures
335 (2) Violation of an order as described in Subsection (1) is a domestic violence offense
336 under Section 77-36-1 and subject to increased penalties in accordance with Section 77-36-1.1 .
337 Section 16. Section 77-36-2.4 is amended to read:
338 77-36-2.4. Violation of protective orders -- Mandatory arrest.
339 (1) A law enforcement officer shall, without a warrant, arrest an alleged perpetrator
340 whenever there is probable cause to believe that the alleged perpetrator has violated any of the
341 provisions of an ex parte protective order or protective order.
342 (2) (a) Intentional or knowing violation of any ex parte protective order or protective
343 order is a class A misdemeanor, in accordance with Section 76-5-108 , and is a domestic
344 violence offense, pursuant to Section 77-36-1 .
345 (b) Second or subsequent violations of ex parte protective orders or protective orders
346 carry increased penalties, in accordance with Section 77-36-1.1 .
347 (3) As used in this section, "ex parte protective order" or "protective order" includes:
348 (a) any protective order or ex parte protective order issued under Title 30, Chapter 6,
349 Cohabitant Abuse Act, or Title 77, Chapter 36, Cohabitant Abuse Procedures Act[
350 (b) any child protective order or ex parte child protective order issued under Title 78,
351 Chapter 3h, Child Protective Orders[
352 (c) a foreign [
353 Chapter 6a, Uniform Interstate Enforcement of Domestic Violence Protection Orders Act.
354 Section 17. Section 77-36-6 is amended to read:
355 77-36-6. Enforcement of orders.
356 (1) Each law enforcement agency in this state shall enforce all orders of the court
357 issued pursuant to the requirements and procedures described in this chapter, and shall enforce:
358 (a) all protective orders and ex parte protective orders issued pursuant to Title 30,
359 Chapter 6[
360 (b) all foreign protection orders enforceable under Title 30, Chapter 6a, Uniform
361 Interstate Enforcement of Domestic Violence Protection Orders Act.
362 (2) The requirements of this section apply statewide, regardless of the jurisdiction in
363 which the order was issued or the location of the victim or the perpetrator.
364 Section 18. Section 78-3h-104 is amended to read:
365 78-3h-104. Content of order.
366 (1) A child protective order or an ex parte child protective order may contain the
367 following provisions the violation of which is a class A misdemeanor under Section 77-36-2.4 :
368 (a) enjoin the respondent from threatening to commit or committing abuse of the
370 (b) prohibit the respondent from harassing, telephoning, contacting, or otherwise
371 communicating with the minor, directly or indirectly;
372 (c) prohibit the respondent from entering or remaining upon the residence, school, or
373 place of employment of the minor and the premises of any of these or any specified place
374 frequented by the minor;
375 (d) upon finding that the respondent's use or possession of a weapon may pose a
376 serious threat of harm to the minor, prohibit the respondent from purchasing, using, or
377 possessing a firearm or other specified weapon; and
378 (e) determine ownership and possession of personal property and direct the appropriate
379 law enforcement officer to attend and supervise the petitioner's or respondent's removal of
380 personal property.
381 (2) A child protective order or an ex parte child protective order may contain the
382 following provisions the violation of which is contempt of court:
383 (a) determine temporary custody of a minor who is the subject of the petition;
384 (b) determine parent-time with a minor who is the subject of the petition, including
385 denial of parent-time if necessary to protect the safety of the minor, and require supervision of
386 parent-time by a third party;
387 (c) determine support in accordance with Title 78, Chapter 45, Uniform Civil Liability
388 for Support Act; and
389 (d) order any further relief the court considers necessary to provide for the safety and
390 welfare of the minor.
391 (3) A child protective order and an ex parte child protective order shall include:
392 (a) a statement that violation of a criminal provision is a class A misdemeanor and
393 violation of a civil provision is contempt of court; and
394 (b) information the petitioner is able to provide to facilitate identification of the
395 respondent, such as Social Security number, driver license number, date of birth, address,
396 telephone number, and physical description.
397 (4) A child protective order shall include:
398 (a) a statement that:
399 (i) two years from entry of the order, the respondent may petition to dismiss the
400 criminal portion of the order;
401 (ii) the petitioner should, within the 30 days prior to the end of the two-year period,
402 advise the court of the petitioner's address for notice of any hearing; and
403 (iii) the address provided by the petitioner will not be made available to the
405 (b) the date when the civil portion of the order will expire or be reviewed; and
406 (c) the following statement: "Respondent was afforded notice and opportunity to be
407 heard in the hearing that gave rise to this order. Pursuant to the Violence Against Women Act
408 of 1994, P.L. 103-322, 108 Stat. 1796, 18 U.S.C.A. 2265, this order is valid in all the United
409 States, the District of Columbia, tribal lands, and United States territories. This order complies
410 with the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act."
411 Section 19. Effective date.
412 This bill takes effect on July 1, 2006.
Legislative Review Note
as of 9-14-05 11:52 AM
Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.