This document includes House Committee Amendments incorporated into the bill on Fri, Feb 17, 2017 at 2:18 PM by ryoung.
This document includes House Floor Amendments incorporated into the bill on Tue, Feb 28, 2017 at 4:26 PM by ryoung.
Representative LaVar Christensen proposes the following substitute bill:


1     
DOMESTIC VIOLENCE RELATED AMENDMENTS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: LaVar Christensen

5     
Senate Sponsor: Curtis S. Bramble

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions related to domestic violence.
10     Highlighted Provisions:
11          This bill:
12          ▸     amends definition provisions;
13          ▸     addresses the designation of a person that communicates between a defendant and
14     victim;
15          ▸     addresses enforcement of restitution requirements;
16          ▸     provides the process for the issuance of continuous protective orders;
17          ▸     addresses form for protective orders;
18          ▸     modifies conditions for dismissals of protective orders; and
19          ▸     makes technical changes.
20     Money Appropriated in this Bill:
21          None
22     Other Special Clauses:
23          None
24     Utah Code Sections Affected:
25     AMENDS:

26          77-20-1, as last amended by Laws of Utah 2016, Chapter 234
27          77-36-1, as last amended by Laws of Utah 2016, Chapter 422
28          77-36-2.1, as last amended by Laws of Utah 2011, Chapter 113
29          77-36-2.4, as last amended by Laws of Utah 2010, Chapter 384
30          77-36-2.6, as last amended by Laws of Utah 2010, Chapter 384
31          77-36-5, as last amended by Laws of Utah 2016, Chapter 422
32          77-36-5.1, as last amended by Laws of Utah 2010, Chapter 384
33          78B-7-102, as last amended by Laws of Utah 2013, Chapter 348
34          78B-7-105, as last amended by Laws of Utah 2009, Chapter 232
35          78B-7-115, as last amended by Laws of Utah 2016, Chapter 196
36     

37     Be it enacted by the Legislature of the state of Utah:
38          Section 1. Section 77-20-1 is amended to read:
39          77-20-1. Right to bail -- Denial of bail -- Hearing.
40          (1) As used in this chapter:
41          (a) "Bail bond agency" means the same as that term is defined in Section 31A-35-102.
42          (b) "Surety" and "sureties" mean a surety insurer or a bail bond agency.
43          (c) "Surety insurer" means the same as that term is defined in Section 31A-35-102.
44          (2) A person charged with or arrested for a criminal offense shall be admitted to bail as
45     a matter of right, except if the person is charged with a:
46          (a) capital felony, when the court finds there is substantial evidence to support the
47     charge;
48          (b) felony committed while on probation or parole, or while free on bail awaiting trial
49     on a previous felony charge, when the court finds there is substantial evidence to support the
50     current felony charge;
51          (c) felony when there is substantial evidence to support the charge and the court finds
52     by clear and convincing evidence that the person would constitute a substantial danger to any
53     other person or to the community, or is likely to flee the jurisdiction of the court, if released on
54     bail; or
55          (d) felony when the court finds there is substantial evidence to support the charge and
56     it finds by clear and convincing evidence that the person violated a material condition of

57     release while previously on bail.
58          (3) Any person who may be admitted to bail may be released either on the person's own
59     recognizance or upon posting bail, on condition that the person appear in court for future court
60     proceedings in the case, and on any other conditions imposed in the discretion of the magistrate
61     or court that will reasonably:
62          (a) ensure the appearance of the accused;
63          (b) ensure the integrity of the court process;
64          (c) prevent direct or indirect contact with witnesses or victims by the accused, if
65     appropriate; and
66          (d) ensure the safety of the public.
67          (4) (a) Except as otherwise provided, the initial order denying or fixing the amount of
68     bail shall be issued by the magistrate or court issuing the warrant of arrest.
69          (b) A magistrate may set bail upon determining that there was probable cause for a
70     warrantless arrest.
71          (c) A bail commissioner may set bail in a misdemeanor case in accordance with
72     Sections 10-3-920 and 17-32-1.
73          (d) A person arrested for a violation of a jail release agreement or jail release order
74     issued pursuant to Section 77-36-2.5:
75          (i) may not be released before the accused's first judicial appearance; and
76          (ii) may be denied bail by the court under Subsection 77-36-2.5(8) or [(12)] (11).
77          (5) The magistrate or court may rely upon information contained in:
78          (a) the indictment or information;
79          (b) any sworn probable cause statement;
80          (c) information provided by any pretrial services agency; or
81          (d) any other reliable record or source.
82          (6) (a) A motion to modify the initial order may be made by a party at any time upon
83     notice to the opposing party sufficient to permit the opposing party to prepare for hearing and
84     to permit any victim to be notified and be present.
85          (b) Hearing on a motion to modify may be held in conjunction with a preliminary
86     hearing or any other pretrial hearing.
87          (c) The magistrate or court may rely on information as provided in Subsection (5) and

88     may base its ruling on evidence provided at the hearing so long as each party is provided an
89     opportunity to present additional evidence or information relevant to bail.
90          (7) Subsequent motions to modify bail orders may be made only upon a showing that
91     there has been a material change in circumstances.
92          (8) An appeal may be taken from an order of any court denying bail to the Supreme
93     Court, which shall review the determination under Subsection (2).
94          (9) For purposes of this section, any arrest or charge for a violation of Section
95     76-5-202, Aggravated murder, is a capital felony unless:
96          (a) the prosecutor files a notice of intent to not seek the death penalty; or
97          (b) the time for filing a notice to seek the death penalty has expired and the prosecutor
98     has not filed a notice to seek the death penalty.
99          Section 2. Section 77-36-1 is amended to read:
100          77-36-1. Definitions.
101          As used in this chapter:
102          (1) "Cohabitant" means the same as that term is defined in Section 78B-7-102.
103          (2) "Department" means the Department of Public Safety.
104          (3) "Divorced" means an individual who has obtained a divorce under Title 30, Chapter
105     3, Divorce.
106          (4) "Domestic violence" or "domestic violence offense" means any criminal offense
107     involving violence or physical harm or threat of violence or physical harm, or any attempt,
108     conspiracy, or solicitation to commit a criminal offense involving violence or physical harm,
109     when committed by one cohabitant against another. "Domestic violence" or "domestic
110     violence offense" also means commission or attempt to commit, any of the following offenses
111     by one cohabitant against another:
112          (a) aggravated assault, as described in Section 76-5-103;
113          (b) assault, as described in Section 76-5-102;
114          (c) criminal homicide, as described in Section 76-5-201;
115          (d) harassment, as described in Section 76-5-106;
116          (e) electronic communication harassment, as described in Section 76-9-201;
117          (f) kidnapping, child kidnapping, or aggravated kidnapping, as described in Sections
118     76-5-301, 76-5-301.1, and 76-5-302;

119          (g) mayhem, as described in Section 76-5-105;
120          (h) sexual offenses, as described in Title 76, Chapter 5, Part 4, Sexual Offenses, and
121     Section 76-5b-201, Sexual exploitation of a minor -- Offenses;
122          (i) stalking, as described in Section 76-5-106.5;
123          (j) unlawful detention or unlawful detention of a minor, as described in Section
124     76-5-304;
125          (k) violation of a protective order or ex parte protective order, as described in Section
126     76-5-108;
127          (l) any offense against property described in Title 76, Chapter 6, Part 1, Property
128     Destruction, Title 76, Chapter 6, Part 2, Burglary and Criminal Trespass, or Title 76, Chapter 6,
129     Part 3, Robbery;
130          (m) possession of a deadly weapon with intent to assault, as described in Section
131     76-10-507;
132          (n) discharge of a firearm from a vehicle, near a highway, or in the direction of any
133     person, building, or vehicle, as described in Section 76-10-508;
134          (o) disorderly conduct, as defined in Section 76-9-102, if a conviction of disorderly
135     conduct is the result of a plea agreement in which the defendant was originally charged with a
136     domestic violence offense otherwise described in this Subsection (4). Conviction of disorderly
137     conduct as a domestic violence offense, in the manner described in this Subsection (4)(o), does
138     not constitute a misdemeanor crime of domestic violence under 18 U.S.C. Sec. 921, and is
139     exempt from the provisions of the federal Firearms Act, 18 U.S.C. Sec. 921 et seq.; or
140          (p) child abuse as described in Section 76-5-109.1.
141          (5) "Jail release agreement" means a written agreement:
142          (a) specifying and limiting the contact a person arrested for a domestic violence offense
143     may have with an alleged victim or other specified individuals; and
144          (b) specifying other conditions of release from jail as required in Subsection
145     77-36-2.5(2).
146          (6) "Jail release court order" means a written court order:
147          (a) specifying and limiting the contact a person arrested for a domestic violence offense
148     may have with an alleged victim or other specified individuals; and
149          (b) specifying other conditions of release from jail as required in Subsection

150     77-36-2.5(2).
151          (7) "Marital status" means married and living together, divorced, separated, or not
152     married.
153          (8) "Married and living together" means a man and a woman whose marriage was
154     solemnized under Section 30-1-4 or 30-1-6 and who are living in the same residence.
155          (9) "Not married" means any living arrangement other than married and living together,
156     divorced, or separated.
157          (10) "Protective order" includes an order issued under Subsection 77-36-5.1(6).
158          [(10)] (11) "Pretrial protective order" means a written order:
159          (a) specifying and limiting the contact a person who has been charged with a domestic
160     violence offense may have with an alleged victim or other specified individuals; and
161          (b) specifying other conditions of release pursuant to Subsection 77-36-2.5(2),
162     Subsection 77-36-2.6(3), or Section 77-36-2.7, pending trial in the criminal case.
163          [(11)] (12) "Sentencing protective order" means a written order of the court as part of
164     sentencing in a domestic violence case that limits the contact a person who has been convicted
165     of a domestic violence offense may have with a victim or other specified individuals pursuant
166     to Sections 77-36-5 and 77-36-5.1.
167          [(12)] (13) "Separated" means a man and a woman who have had their marriage
168     solemnized under Section 30-1-4 or 30-1-6 and who are not living in the same residence.
169          [(13)] (14) "Victim" means a cohabitant who has been subjected to domestic violence.
170          Section 3. Section 77-36-2.1 is amended to read:
171          77-36-2.1. Duties of law enforcement officers -- Notice to victims.
172          (1) A law enforcement officer who responds to an allegation of domestic violence shall
173     use all reasonable means to protect the victim and prevent further violence, including:
174          (a) taking the action that, in the officer's discretion, is reasonably necessary to provide
175     for the safety of the victim and any family or household member;
176          (b) confiscating the weapon or weapons involved in the alleged domestic violence;
177          (c) making arrangements for the victim and any child to obtain emergency housing or
178     shelter;
179          (d) providing protection while the victim removes essential personal effects;
180          (e) arrange, facilitate, or provide for the victim and any child to obtain medical

181     treatment; and
182          (f) arrange, facilitate, or provide the victim with immediate and adequate notice of the
183     rights of victims and of the remedies and services available to victims of domestic violence, in
184     accordance with Subsection (2).
185          (2) (a) A law enforcement officer shall give written notice to the victim in simple
186     language, describing the rights and remedies available under this chapter, Title 78B, Chapter 7,
187     Part 1, Cohabitant Abuse Act, and Title 78B, Chapter 7, Part 2, Child Protective Orders.
188          (b) The written notice shall also include:
189          (i) a statement that the forms needed in order to obtain an order for protection are
190     available from the court clerk's office in the judicial district where the victim resides or is
191     temporarily domiciled;
192          (ii) a list of shelters, services, and resources available in the appropriate community,
193     together with telephone numbers, to assist the victim in accessing any needed assistance; and
194          (iii) the information required to be provided to both parties in accordance with
195     [Subsection 77-36-2.5(8)] Subsections 77-36-2.5(9) and (10).
196          Section 4. Section 77-36-2.4 is amended to read:
197          77-36-2.4. Violation of protective orders -- Mandatory arrest -- Penalties.
198          (1) A law enforcement officer shall, without a warrant, arrest an alleged perpetrator
199     whenever there is probable cause to believe that the alleged perpetrator has violated any of the
200     provisions of an ex parte protective order or protective order.
201          (2) (a) Intentional or knowing violation of any ex parte protective order or protective
202     order is a class A misdemeanor, in accordance with Section 76-5-108, except where a greater
203     penalty is provided in this chapter, and is a domestic violence offense, pursuant to Section
204     77-36-1.
205          (b) Second or subsequent violations of ex parte protective orders or protective orders
206     carry increased penalties, in accordance with Section 77-36-1.1.
207          (3) As used in this section, "ex parte protective order" or "protective order" includes:
208          (a) [any] a protective order or ex parte protective order issued under Title 78B, Chapter
209     7, Part 1, Cohabitant Abuse Act;
210          (b) [any] a jail release agreement, jail release court order, pretrial protective order, [or]
211     sentencing protective order, or continuous protective order issued under [Title 77, Chapter 36,

212     Cohabitant Abuse Procedures Act] this chapter;
213          (c) any child protective order or ex parte child protective order issued under Title 78B,
214     Chapter 7, Part 2, Child Protective Orders; or
215          (d) a foreign protection order enforceable under Title 78B, Chapter 7, Part 3, Uniform
216     Interstate Enforcement of Domestic Violence Protection Orders Act.
217          Section 5. Section 77-36-2.6 is amended to read:
218          77-36-2.6. Appearance of defendant required -- Determinations by court --
219     Pretrial protective order.
220          (1) A defendant who has been arrested for an offense involving domestic violence shall
221     appear in person or by video before the court or a magistrate within one judicial day after the
222     arrest.
223          (2) A defendant who has been charged by citation, indictment, or information with an
224     offense involving domestic violence but has not been arrested, shall appear before the court in
225     person for arraignment or initial appearance as soon as practicable, but no later than 14 days
226     after the next day on which court is in session following the issuance of the citation or the
227     filing of the indictment or information.
228          (3) At the time of an appearance under Subsection (1) or (2), the court shall:
229          (a) determine the necessity of imposing a pretrial protective order or other condition of
230     pretrial release, including[, but not limited to,] participating in an electronic or other type of
231     monitoring program[, and shall];
232          (b) Ĥ→ [
determine whether to designate a person that may] identify the individual
232a     designated by the victim to ←Ĥ communicate between the
233     defendant and the victim if and to the extent necessary for family related matters; and
234          (c) state its findings and determination in writing.
235          (4) Appearances required by this section are mandatory and may not be waived.
236          Section 6. Section 77-36-5 is amended to read:
237          77-36-5. Sentencing -- Restricting contact with victim -- Electronic monitoring --
238     Counseling -- Cost assessed against defendant -- Sentencing protective order.
239          (1) (a) When a defendant is found guilty of a crime involving domestic violence and a
240     condition of the sentence restricts the defendant's contact with the victim, a sentencing
241     protective order may be issued under Subsection 77-36-5.1(2) for the length of the defendant's
242     probation or a continuous protective order may be issued under Subsection 77-36-5.1(6).

243          (b) (i) The sentencing protective order or continuous protective order shall be in
244     writing, and the prosecutor shall provide a certified copy of that order to the victim.
245          (ii) The court shall transmit the sentencing protective order or continuous protective
246     order to the statewide domestic violence network.
247          (c) Violation of a sentencing protective order or continuous protective order issued
248     pursuant to this Subsection (1) is a class A misdemeanor.
249          (2) In determining its sentence the court, in addition to penalties otherwise provided by
250     law, may require the defendant to participate in an electronic or other type of monitoring
251     program.
252          (3) The court may also require the defendant to pay all or part of the costs of
253     counseling incurred by the victim and any children affected by or exposed to the domestic
254     violence offense, as well as the costs for the defendant's own counseling.
255          (4) The court shall:
256          (a) assess against the defendant, as restitution, any costs for services or treatment
257     provided to the victim and affected children of the victim or the defendant by the Division of
258     Child and Family Services under Section 62A-4a-106; and
259          (b) order those costs to be paid directly to the division or its contracted provider.
260          (5) The court may order the defendant to obtain and satisfactorily complete treatment
261     or therapy in a domestic violence treatment program, as defined in Section 62A-2-101, that is
262     licensed by the Department of Human Services.
263          Section 7. Section 77-36-5.1 is amended to read:
264          77-36-5.1. Conditions of probation for person convicted of domestic violence
265     offense -- Continuous protective orders.
266          (1) Before any perpetrator who has been convicted of a domestic violence offense may
267     be placed on probation, the court shall consider the safety and protection of the victim and any
268     member of the victim's family or household.
269          (2) The court may condition probation or a plea in abeyance on the perpetrator's
270     compliance with one or more orders of the court, which may include a sentencing protective
271     order:
272          (a) enjoining the perpetrator from threatening to commit or committing acts of
273     domestic violence against the victim or other family or household member;

274          (b) prohibiting the perpetrator from harassing, telephoning, contacting, or otherwise
275     communicating with the victim, directly or indirectly;
276          (c) requiring the perpetrator to stay away from the victim's residence, school, place of
277     employment, and the premises of any of these, or a specified place frequented regularly by the
278     victim or any designated family or household member;
279          (d) prohibiting the perpetrator from possessing or consuming alcohol or controlled
280     substances;
281          (e) prohibiting the perpetrator from purchasing, using, or possessing a firearm or other
282     specified weapon;
283          (f) directing the perpetrator to surrender any weapons the perpetrator owns or
284     possesses;
285          (g) directing the perpetrator to participate in and complete, to the satisfaction of the
286     court, a program of intervention for perpetrators, treatment for alcohol or substance abuse, or
287     psychiatric or psychological treatment;
288          (h) directing the perpetrator to pay restitution to the victim, enforcement of which shall
289     be in accordance with Chapter 38a, Crime Victims Restitution Act; and
290          (i) imposing any other condition necessary to protect the victim and any other
291     designated family or household member or to rehabilitate the perpetrator.
292          (3) The perpetrator is responsible for the costs of any condition of probation, according
293     to the perpetrator's ability to pay.
294          (4) (a) Adult Probation and Parole, or other provider, shall immediately report to the
295     court and notify the victim of any offense involving domestic violence committed by the
296     perpetrator, the perpetrator's failure to comply with any condition imposed by the court, and
297     any violation of any sentencing criminal protective order issued by the court.
298          (b) Notification of the victim under Subsection (4)(a) shall consist of a good faith
299     reasonable effort to provide prompt notification, including mailing a copy of the notification to
300     the last-known address of the victim.
301          (5) The court shall transmit all dismissals, terminations, and expirations of pretrial and
302     sentencing criminal protective orders issued by the court to the statewide domestic violence
303     network.
304          (6) (a) Because of the serious, unique, and highly traumatic nature of domestic violence

305     crimes, the high recidivism rate of violent offenders, and the demonstrated increased risk of
306     continued acts of violence subsequent to the release of a perpetrator who is convicted of
307     domestic violence, it is the finding of the Legislature that domestic violence crimes warrant the
308     issuance of continuous protective orders under this Subsection (6) because of the need to
309     provide ongoing protection for the victim and to be consistent with the purposes of protecting
310     victims' rights under Chapter 37, Victims' Rights, and Chapter 38, Rights of Crime Victims
311     Act Ĥ→ , and Article I, Section 28 of the Utah Constitution ←Ĥ .
312          (b) If a perpetrator is convicted of a domestic violence offense resulting in a sentence
313     of imprisonment, including jail, that is to be served after conviction, the court shall issue a
314     continuous protective order at the time of the conviction or sentencing limiting the contact
315     between the perpetrator and the victim unless the court determines by clear and convincing
316     evidence that the victim does not a have a reasonable fear of future harm or abuse.
317          (c) (i) The court shall notify the perpetrator of the right to request a hearing.
318          (ii) If the perpetrator requests a hearing under this Subsection (6)(c), the court shall
319     hold the hearing at the time determined by the court. The continuous protective order shall be
320     in effect while the hearing is being scheduled and while the hearing is pending.
321          (d) A continuous protective order is permanent in accordance with this Subsection
322     (6)(d) and may grant the following relief:
323          (i) enjoining the perpetrator from threatening to commit or committing acts of
324     domestic violence against the victim or other family or household member;
325          (ii) prohibiting the perpetrator from harassing, telephoning, contacting, or otherwise
326     communicating with the victim, directly or indirectly;
327          (iii) prohibiting the perpetrator from going to the victim's residence, school, place of
328     employment, and the premises of any of these, or a specified place frequented regularly by the
329     victim or any designated family or other household member;
330          (iv) directing the perpetrator to pay restitution to the victim as may apply, and shall be
331     enforced in accordance with Chapter 38a, Crime Victims Restitution Act; and
332          (v) any other order the court considers necessary to fully protect the victim and
333     members of the victim's family or other household member.
334          (e) Ĥ→ [
(i)] ←Ĥ A continuous protective order may be modified or dismissed Ĥ→ [only
334a     after the
335     continuous protective order has been in effect for at least two years and
] ←Ĥ only if the court

336     determines by clear and convincing evidence that all requirements of this Subsection (6) have
337     been met and the victim does not have a reasonable fear of future harm or abuse.
338          Ĥ→ [
(ii) The two-year period described in Subsection (6)(e)(i) is tolled for any period of time
339     that the perpetrator is incarcerated.
] ←Ĥ

340          (f) Notice of a continuous protective order issued pursuant to this section shall be sent
341     by the court to the statewide domestic violence network.
342          (g) Violation of a continuous protective order issued pursuant to this Subsection (6) is
343     a class A misdemeanor, is a domestic violence offense under Section 77-36-1, and is subject to
344     increased penalties in accordance with Section 77-36-1.1.
345          (h) In addition to the process of issuing a continuous protective order described in
346     Subsection (6)(a), a district court may issue a continuous protective order at any time if the
347     victim files a petition with the district court, and after notice and hearing the district court finds
348     that a continuous protective order is necessary to protect the victim.
349          (7) (a) Before release of a person who is subject to a continuous protective order issued
350     under Subsection (6), the victim shall receive Ĥ→ [
reasonable advance] ←Ĥ notice of the imminent
351     release by the law enforcement agency that is releasing the person who is subject to the
352     continuous protective order:
353          (i) if the victim has provided the law enforcement agency contact information; Ĥ→ and ←Ĥ
354          (ii) in accordance with Section 64-13-14.7, if applicable Ĥ→ [
;] [and]
355           [
(iii) including a statement that the person being released is notified of the penalties for
356     violating the continuous protective order
] ←Ĥ
.
357          (b) Before release, the law enforcement agency shall notify in writing the person being
358     released that a violation of the continuous protective order issued at the time of conviction or
359     sentencing continues to apply, and that a violation of the continuous protective order is a class
360     A misdemeanor, is a separate domestic violence offense under Section 77-36-1, and is subject
361     to increased penalties in accordance with Section 77-36-1.1.
362          Section 8. Section 78B-7-102 is amended to read:
363          78B-7-102. Definitions.
364          As used in this chapter:
365          (1) "Abuse" means intentionally or knowingly causing or attempting to cause a
366     cohabitant physical harm or intentionally or knowingly placing a cohabitant in reasonable fear

367     of imminent physical harm.
368          (2) "Cohabitant" means an emancipated person pursuant to Section 15-2-1 or a person
369     who is 16 years of age or older who:
370          (a) is or was a spouse of the other party;
371          (b) is or was living as if a spouse of the other party;
372          (c) is related by blood or marriage to the other party;
373          (d) has or had one or more children in common with the other party;
374          (e) is the biological parent of the other party's unborn child; or
375          (f) resides or has resided in the same residence as the other party.
376          (3) Notwithstanding Subsection (2), "cohabitant" does not include:
377          (a) the relationship of natural parent, adoptive parent, or step-parent to a minor; or
378          (b) the relationship between natural, adoptive, step, or foster siblings who are under 18
379     years of age.
380          (4) "Court clerk" means a district court clerk.
381          (5) "Domestic violence" means the same as that term is defined in Section 77-36-1.
382          (6) "Ex parte protective order" means an order issued without notice to the defendant in
383     accordance with this chapter.
384          (7) "Foreign protection order" [is as] means the same as that term is defined in Section
385     78B-7-302.
386          (8) "Law enforcement unit" or "law enforcement agency" means any public agency
387     having general police power and charged with making arrests in connection with enforcement
388     of the criminal statutes and ordinances of this state or any political subdivision.
389          (9) "Peace officer" means those persons specified in Title 53, Chapter 13, Peace
390     Officer Classifications.
391          (10) "Protective order" means:
392          (a) an order issued pursuant to this chapter subsequent to a hearing on the petition, of
393     which the petitioner and respondent have been given notice in accordance with this chapter[.];
394     or
395          (b) an order issued under Subsection 77-36-5.1(6).
396          Section 9. Section 78B-7-105 is amended to read:
397          78B-7-105. Forms for petitions and protective orders -- Assistance.

398          (1) (a) The offices of the court clerk shall provide forms and nonlegal assistance to
399     persons seeking to proceed under this chapter.
400          (b) The Administrative Office of the Courts shall develop and adopt uniform forms for
401     petitions and orders for protection in accordance with the provisions of this chapter. That
402     office shall provide the forms to the clerk of each court authorized to issue protective orders.
403     The forms shall include:
404          (i) a statement notifying the petitioner for an ex parte protective order that knowing
405     falsification of any statement or information provided for the purpose of obtaining a protective
406     order may subject the petitioner to felony prosecution;
407          (ii) a separate portion of the form for those provisions, the violation of which is a
408     criminal offense, and a separate portion for those provisions, the violation of which is a civil
409     violation, as provided in Subsection 78B-7-106(5);
410          (iii) language in the criminal provision portion stating violation of any criminal
411     provision is a class A misdemeanor, and language in the civil portion stating violation of or
412     failure to comply with a civil provision is subject to contempt proceedings;
413          (iv) a space for information the petitioner is able to provide to facilitate identification
414     of the respondent, such as social security number, driver license number, date of birth, address,
415     telephone number, and physical description;
416          (v) a space for the petitioner to request a specific period of time for the civil provisions
417     to be in effect, not to exceed 150 days, unless the petitioner provides in writing the reason for
418     the requested extension of the length of time beyond 150 days;
419          (vi) a statement advising the petitioner that when a minor child is included in an ex
420     parte protective order or a protective order, as part of either the criminal or the civil portion of
421     the order, the petitioner may provide a copy of the order to the principal of the school where the
422     child attends; and
423          (vii) a statement advising the petitioner that if the respondent fails to return custody of
424     a minor child to the petitioner as ordered in a protective order, the petitioner may obtain from
425     the court a writ of assistance.
426          (2) If the person seeking to proceed under this chapter is not represented by an
427     attorney, it is the responsibility of the court clerk's office to provide:
428          (a) the forms adopted pursuant to Subsection (1);

429          (b) all other forms required to petition for an order for protection including, but not
430     limited to, forms for service;
431          (c) clerical assistance in filling out the forms and filing the petition, in accordance with
432     Subsection (1)(a)[. A], except that a court clerk's office may designate any other entity, agency,
433     or person to provide that service, but the court clerk's office is responsible to see that the
434     service is provided;
435          (d) information regarding the means available for the service of process;
436          (e) a list of legal service organizations that may represent the petitioner in an action
437     brought under this chapter, together with the telephone numbers of those organizations; and
438          (f) written information regarding the procedure for transporting a jailed or imprisoned
439     respondent to the protective order hearing, including an explanation of the use of transportation
440     order forms when necessary.
441          (3) No charges may be imposed by a court clerk, constable, or law enforcement agency
442     for:
443          (a) filing a petition under this chapter;
444          (b) obtaining an ex parte protective order;
445          (c) obtaining copies, either certified or not certified, necessary for service or delivery to
446     law enforcement officials; or
447          (d) fees for service of a petition, ex parte protective order, or protective order.
448          (4) A petition for an order of protection shall be in writing and verified.
449          (5) (a) [All orders] An order for protection shall be issued in the form adopted by the
450     Administrative Office of the Courts pursuant to Subsection (1).
451          (b) [Each] A protective order issued, except orders issued ex parte, shall include the
452     following language:
453          "Respondent was afforded both notice and opportunity to be heard in the hearing that
454     gave rise to this order. Pursuant to the Violence Against Women Act of 1994, P.L. 103-322,
455     108 Stat. 1796, 18 U.S.C.A. 2265, this order is valid in all the United States, the District of
456     Columbia, tribal lands, and United States territories. This order complies with the Uniform
457     Interstate Enforcement of Domestic Violence Protection Orders Act."
458          (c) [Each] A protective order issued in accordance with this part, including protective
459     orders issued ex parte and except for a continuous protective order issued under Subsection

460     77-36-5.1(6), shall include the following language:
461          "NOTICE TO PETITIONER: The court may amend or dismiss a protective order after
462     one year if it finds that the basis for the issuance of the protective order no longer exists and the
463     petitioner has repeatedly acted in contravention of the protective order provisions to
464     intentionally or knowingly induce the respondent to violate the protective order, demonstrating
465     to the court that the petitioner no longer has a reasonable fear of the respondent."
466          Section 10. Section 78B-7-115 is amended to read:
467          78B-7-115. Dismissal of protective order.
468          (1) Except as provided in [Subsection (6), ] Subsections (6) and (8), a protective order
469     that has been in effect for at least two years may be dismissed if the court determines that the
470     petitioner no longer has a reasonable fear of future harm or abuse. In determining whether the
471     petitioner no longer has a reasonable fear of future harm or abuse, the court shall consider the
472     following factors:
473          (a) whether the respondent has complied with treatment recommendations related to
474     domestic violence, entered at the time the protective order was entered;
475          (b) whether the protective order was violated during the time it was in force;
476          (c) claims of harassment, abuse, or violence by either party during the time the
477     protective order was in force;
478          (d) counseling or therapy undertaken by either party;
479          (e) impact on the well-being of any minor children of the parties, if relevant; and
480          (f) any other factors the court considers relevant to the case before it.
481          (2) Except as provided in [Subsection (6),] Subsections (6) and (8), the court may
482     amend or dismiss a protective order issued in accordance with this part that has been in effect
483     for at least one year if it finds that:
484          (a) the basis for the issuance of the protective order no longer exists;
485          (b) the petitioner has repeatedly acted in contravention of the protective order
486     provisions to intentionally or knowingly induce the respondent to violate the protective order;
487          (c) the petitioner's actions demonstrate that the petitioner no longer has a reasonable
488     fear of the respondent; and
489          (d) the respondent has not been convicted of a protective order violation or any crime
490     of violence subsequent to the issuance of the protective order, and there are no unresolved

491     charges involving violent conduct still on file with the court.
492          (3) The court shall enter sanctions against either party if the court determines that
493     either party acted:
494          (a) in bad faith; or
495          (b) with intent to harass or intimidate either party.
496          (4) Notice of a motion to dismiss a protective order shall be made by personal service
497     on the petitioner in a protective order action as provided in Rules 4 and 5, Utah Rules of Civil
498     Procedure.
499          (5) [If] Except as provided in Subsection (8), if a divorce proceeding is pending
500     between parties to a protective order action, the protective order shall be dismissed when the
501     court issues a decree of divorce for the parties if:
502          (a) the petitioner in the protective order action is present or has been given notice in
503     both the divorce and protective order action of the hearing; and
504          (b) the court specifically finds that the order need not continue, and, as provided in
505     Subsection (1), the petitioner no longer has a reasonable fear of future harm or abuse.
506          (6) (a) Notwithstanding Subsection (1) or (2) Ĥ→ and subject to Subsection (8) ←Ĥ , a
506a     protective order that has been entered
507     under this chapter concerning a petitioner and a respondent who are divorced shall
508     automatically expire, subject to Subsections (6)(b) and (c), 10 years from the day on which one
509     of the following occurs:
510          (i) the decree of divorce between the petitioner and respondent became absolute; or
511          (ii) the protective order was entered.
512          (b) The protective order shall automatically expire, as described in Subsection (6)(a),
513     unless:
514          (i) the petitioner demonstrates that the petitioner has a reasonable fear of future harm or
515     abuse, as described in Subsection (1); or
516          (ii) the respondent has been convicted of a protective order violation or any crime of
517     violence subsequent to the issuance of the protective order.
518          (c) The 10 years described in Subsection (6)(a) is tolled for any period of time that the
519     respondent is incarcerated.
520          (7) When the court dismisses a protective order, the court shall immediately:
521          (a) issue an order of dismissal to be filed in the protective order action; and

522          (b) transmit a copy of the order of dismissal to the statewide domestic violence
523     network as described in Section 78B-7-113.
524          (8) Notwithstanding the other provisions of this section, a continuous protective order
525     may not be modified or dismissed except as provided in Subsection 77-36-5.1(6).