7 LONG TITLE
8 General Description:
9 This bill modifies protective order provisions in the Judicial Code by amending
10 dismissal of protective order provisions.
11 Highlighted Provisions:
12 This bill:
13 ▸ amends protective order provisions for a dismissal in the case of a pending divorce
14 proceeding under certain conditions; and
15 ▸ makes technical changes.
16 Money Appropriated in this Bill:
18 Other Special Clauses:
20 Utah Code Sections Affected:
22 78B-7-115, as last amended by Laws of Utah 2009, Chapter 232
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 78B-7-115 is amended to read:
26 78B-7-115. Dismissal of protective order.
27 (1) Ŝ→ Except as provided in Subsection (6), [
27a effect for at least two years may be dismissed if
28 the court determines that the petitioner no longer has a reasonable fear of future abuse. In
29 determining whether the petitioner no longer has a reasonable fear of future abuse, the court
30 shall consider the following factors:
31 (a) whether the respondent has complied with treatment recommendations related to
32 domestic violence, entered at the time the protective order was entered;
33 (b) whether the protective order was violated during the time it was in force;
34 (c) claims of harassment, abuse, or violence by either party during the time the
35 protective order was in force;
36 (d) counseling or therapy undertaken by either party;
37 (e) impact on the well-being of any minor children of the parties, if relevant; and
38 (f) any other factors the court considers relevant to the case before it.
39 (2) Ŝ→ Except as provided in Subsection (6), [
39a protective order issued in accordance with this
40 part that has been in effect for at least one year if it finds that:
41 (a) the basis for the issuance of the protective order no longer exists;
42 (b) the petitioner has repeatedly acted in contravention of the protective order
43 provisions to intentionally or knowingly induce the respondent to violate the protective order;
44 (c) the petitioner's actions demonstrate that the petitioner no longer has a reasonable
45 fear of the respondent; and
46 (d) the respondent has not been convicted of a protective order violation or any crime
47 of violence subsequent to the issuance of the protective order, and there are no unresolved
48 charges involving violent conduct still on file with the court.
49 (3) The court shall enter sanctions against either party if the court determines that
50 either party acted:
51 (a) in bad faith; or
52 (b) with intent to harass or intimidate either party.
53 (4) Notice of a motion to dismiss a protective order shall be made by personal service
54 on the petitioner in a protective order action as provided in Rules 4 and 5, Utah Rules of Civil
56 (5) If a divorce proceeding is pending between [
57 the protective order Ĥ→ [
57a of divorce for the
58 parties if:
59 (a) the petitioner in the protective order action is present or has been given notice in
60 both the divorce and protective order action of the hearing; and
61 (b) the court Ĥ→ [
62 findings on each factor described
62a the petitioner no longer has
63 a reasonable fear of future abuse.
63a Ŝ→ (6) (a) Notwithstanding Subsection (1) or (2), a protective order that has been entered
63b under this chapter concerning a petitioner and a respondent who are divorced shall
63c automatically expire, subject to Subsections (6)(b) and (c), 10 years from the day on which one
63d of following occurs:
63e (i) the decree of divorce between the petitioner and respondent became absolute; or
63f (ii) the protective order was entered.
63g (b) The protective order shall automatically expire, as described in Subsection (6)(a), unless:
63h (i) the petitioner demonstrates that the petitioner has a reasonable fear of future abuse, as
63i described in Subsection (1); or
63j (ii) the respondent has been convicted of a protective order violation or any crime of violence
63k subsequent to the issuance of the protective order.
63l (c) The 10 years described in Subsection (6)(a) is tolled for any period of time that the
63m respondent is incarcerated. ←Ŝ
64 Ŝ→ [
65 (a) issue an order of dismissal to be filed in the protective order action; and
66 (b) transmit a copy of the order of dismissal to the statewide domestic violence
67 network as described in Section 78B-7-113.