1     
RELATIONSHIP VIOLENCE AND OFFENSES AMENDMENTS

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Todd Weiler

5     
House Sponsor: Angela Romero

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions related to domestic violence, dating violence, and
10     stalking.
11     Highlighted Provisions:
12          This bill:
13          ▸     modifies definition of "crime victim" as it relates to dating violence;
14          ▸     addresses violation of specified protective orders;
15          ▸     modifies definitions;
16          ▸     amends provisions for forms of petitions and protective orders;
17          ▸     addresses duties of law enforcement officers;
18          ▸     addresses when and how a court may act ex parte;
19          ▸     modifies provisions related to mutual protective orders or stalking injunctions;
20          ▸     amends continuing duty to inform court of other proceedings;
21          ▸     addresses dismissal or expiration of protective orders; and
22          ▸     makes technical changes.
23     Money Appropriated in this Bill:
24          None
25     Other Special Clauses:
26          None
27     Utah Code Sections Affected:
28     AMENDS:

29          57-22-5.1, as last amended by Laws of Utah 2011, Chapter 279
30          76-5-106.5, as last amended by Laws of Utah 2017, Chapter 380
31          76-5-108, as last amended by Laws of Utah 2013, Chapter 196
32          77-36-1, as last amended by Laws of Utah 2017, Chapters 289 and 332
33          77-36-2.1, as last amended by Laws of Utah 2017, Chapters 289 and 332
34          78B-7-102, as last amended by Laws of Utah 2017, Chapter 332
35          78B-7-105, as last amended by Laws of Utah 2017, Chapter 332
36          78B-7-106, as last amended by Laws of Utah 2014, Chapter 267
37          78B-7-107, as last amended by Laws of Utah 2010, Chapter 34
38          78B-7-108, as renumbered and amended by Laws of Utah 2008, Chapter 3
39          78B-7-109, as renumbered and amended by Laws of Utah 2008, Chapter 3
40          78B-7-115, as last amended by Laws of Utah 2017, Chapter 332
41     ENACTS:
42          77-3a-101.1, Utah Code Annotated 1953
43          78B-7-115.5, Utah Code Annotated 1953
44          78B-7-408, Utah Code Annotated 1953
45          78B-7-409, Utah Code Annotated 1953
46     

47     Be it enacted by the Legislature of the state of Utah:
48          Section 1. Section 57-22-5.1 is amended to read:
49          57-22-5.1. Crime victim's right to new locks -- Domestic violence victim's right to
50     terminate rental agreement -- Limits an owner relating to assistance from public safety
51     agency.
52          (1) As used in this section:
53          (a) "Crime victim" means a victim of:
54          (i) domestic violence, as defined in Section 77-36-1;
55          (ii) stalking, as defined in Section 76-5-106.5;

56          (iii) a crime under Title 76, Chapter 5, Part 4, Sexual Offenses;
57          (iv) burglary or aggravated burglary under Section 76-6-202 or 76-6-203; or
58          (v) dating violence, [consisting of verbal, emotional, psychological, physical, or sexual
59     abuse of one person by another in a dating relationship] as defined in Section 78B-7-402.
60          (b) "Public safety agency" means a governmental entity that provides fire protection,
61     law enforcement, ambulance, medical, or similar service.
62          (2) An acceptable form of documentation of an act listed in Subsection (1) is:
63          (a) a protective order protecting the renter issued pursuant to Title 78B, Chapter 7, Part
64     1, Cohabitant Abuse Act, subsequent to a hearing of which the petitioner and respondent have
65     been given notice under Title 78B, Chapter 7, Part 1, Cohabitant Abuse Act; or
66          (b) a copy of a police report documenting an act listed in Subsection (1).
67          (3) (a) A renter who is a crime victim may require the renter's owner to install a new
68     lock to the renter's residential rental unit if the renter:
69          (i) provides the owner with an acceptable form of documentation of an act listed in
70     Subsection (1); and
71          (ii) pays for the cost of installing the new lock.
72          (b) An owner may comply with Subsection (3)(a) by:
73          (i) rekeying the lock if the lock is in good working condition; or
74          (ii) changing the entire locking mechanism with a locking mechanism of equal or
75     greater quality than the lock being replaced.
76          (c) An owner who installs a new lock under Subsection (3)(a) may retain a copy of the
77     key that opens the new lock.
78          (d) Notwithstanding any rental agreement, an owner who installs a new lock under
79     Subsection (3)(a) shall refuse to provide a copy of the key that opens the new lock to the
80     perpetrator of the act listed in Subsection (1).
81          (e) Notwithstanding Section 78B-6-814, if an owner refuses to provide a copy of the
82     key under Subsection (3)(d) to a perpetrator who is not barred from the residential rental unit

83     by a protective order but is a renter on the rental agreement, the perpetrator may file a petition
84     with a court of competent jurisdiction within 30 days to:
85          (i) establish whether the perpetrator should be given a key and allowed access to the
86     residential rental unit; or
87          (ii) whether the perpetrator should be relieved of further liability under the rental
88     agreement because of the owner's exclusion of the perpetrator from the residential rental unit.
89          (f) Notwithstanding Subsection (3)(e)(ii), a perpetrator may not be relieved of further
90     liability under the rental agreement if the perpetrator is found by the court to have committed
91     the act upon which the landlord's exclusion of the perpetrator is based.
92          (4) A renter who is a victim of domestic violence, as defined in Section 77-36-1, may
93     terminate a rental agreement if the renter:
94          (a) is in compliance with:
95          (i) all provisions of Section 57-22-5; and
96          (ii) all obligations under the rental agreement;
97          (b) provides the owner:
98          (i) written notice of termination; and
99          (ii) a protective order protecting the renter from a domestic violence perpetrator or a
100     copy of a police report documenting that the renter is a victim of domestic violence and did not
101     participate in the violence; and
102          (c) no later than the date that the renter provides a notice of termination under
103     Subsection (4)(b)(i), pays the owner the equivalent of 45 days' rent for the period beginning on
104     the date that the renter provides the notice of termination.
105          (5) An owner may not:
106          (a) impose a restriction on a renter's ability to request assistance from a public safety
107     agency; or
108          (b) penalize or evict a renter because the renter makes reasonable requests for
109     assistance from a public safety agency.

110          Section 2. Section 76-5-106.5 is amended to read:
111          76-5-106.5. Stalking -- Definitions -- Injunction -- Penalties -- Duties of law
112     enforcement officer.
113          (1) As used in this section:
114          (a) "Conviction" means:
115          (i) a verdict or conviction;
116          (ii) a plea of guilty or guilty and mentally ill;
117          (iii) a plea of no contest; or
118          (iv) the acceptance by the court of a plea in abeyance.
119          (b) "Course of conduct" means two or more acts directed at or toward a specific
120     person, including:
121          (i) acts in which the actor follows, monitors, observes, photographs, surveils, threatens,
122     or communicates to or about a person, or interferes with a person's property:
123          (A) directly, indirectly, or through any third party; and
124          (B) by any action, method, device, or means; or
125          (ii) when the actor engages in any of the following acts or causes someone else to
126     engage in any of these acts:
127          (A) approaches or confronts a person;
128          (B) appears at the person's workplace or contacts the person's employer or coworkers;
129          (C) appears at a person's residence or contacts a person's neighbors, or enters property
130     owned, leased, or occupied by a person;
131          (D) sends material by any means to the person or for the purpose of obtaining or
132     disseminating information about or communicating with the person to a member of the person's
133     family or household, employer, coworker, friend, or associate of the person;
134          (E) places an object on or delivers an object to property owned, leased, or occupied by
135     a person, or to the person's place of employment with the intent that the object be delivered to
136     the person; or

137          (F) uses a computer, the Internet, text messaging, or any other electronic means to
138     commit an act that is a part of the course of conduct.
139          [(d)] (c) "Emotional distress" means significant mental or psychological suffering,
140     whether or not medical or other professional treatment or counseling is required.
141          [(c)] (d) "Immediate family" means a spouse, parent, child, sibling, or any other person
142     who regularly resides in the household or who regularly resided in the household within the
143     prior six months.
144          (e) "Reasonable person" means a reasonable person in the victim's circumstances.
145          (f) "Stalking" means an offense as described in Subsection (2) or (3).
146          (g) "Text messaging" means a communication in the form of electronic text or one or
147     more electronic images sent by the actor from a telephone or computer to another person's
148     telephone or computer by addressing the communication to the recipient's telephone number.
149          (2) A person is guilty of stalking who intentionally or knowingly engages in a course of
150     conduct directed at a specific person and knows or should know that the course of conduct
151     would cause a reasonable person:
152          (a) to fear for the person's own safety or the safety of a third person; or
153          (b) to suffer other emotional distress.
154          (3) A person is guilty of stalking who intentionally or knowingly violates:
155          (a) a stalking injunction issued pursuant to Title 77, Chapter 3a, Stalking Injunctions;
156     or
157          (b) a permanent criminal stalking injunction issued pursuant to this section.
158          (4) In any prosecution under this section, it is not a defense that the actor:
159          (a) was not given actual notice that the course of conduct was unwanted; or
160          (b) did not intend to cause the victim fear or other emotional distress.
161          (5) An offense of stalking may be prosecuted under this section in any jurisdiction
162     where one or more of the acts that is part of the course of conduct was initiated or caused an
163     effect on the victim.

164          (6) Stalking is a class A misdemeanor:
165          (a) upon the offender's first violation of Subsection (2); or
166          (b) if the offender violated a stalking injunction issued pursuant to Title 77, Chapter 3a,
167     Stalking Injunctions.
168          (7) Stalking is a third degree felony if the offender:
169          (a) has been previously convicted of an offense of stalking;
170          (b) has been previously convicted in another jurisdiction of an offense that is
171     substantially similar to the offense of stalking;
172          (c) has been previously convicted of any felony offense in Utah or of any crime in
173     another jurisdiction which if committed in Utah would be a felony, in which the victim of the
174     stalking offense or a member of the victim's immediate family was also a victim of the
175     previous felony offense;
176          (d) violated a permanent criminal stalking injunction issued pursuant to Subsection (9);
177     or
178          (e) has been or is at the time of the offense a cohabitant, as defined in Section
179     78B-7-102, of the victim.
180          (8) Stalking is a second degree felony if the offender:
181          (a) used a dangerous weapon as defined in Section 76-1-601 or used other means or
182     force likely to produce death or serious bodily injury, in the commission of the crime of
183     stalking;
184          (b) has been previously convicted two or more times of the offense of stalking;
185          (c) has been convicted two or more times in another jurisdiction or jurisdictions of
186     offenses that are substantially similar to the offense of stalking;
187          (d) has been convicted two or more times, in any combination, of offenses under
188     Subsection (7)(a), (b), or (c);
189          (e) has been previously convicted two or more times of felony offenses in Utah or of
190     crimes in another jurisdiction or jurisdictions which, if committed in Utah, would be felonies,

191     in which the victim of the stalking was also a victim of the previous felony offenses; or
192          (f) has been previously convicted of an offense under Subsection (7)(d) or (e).
193          (9) (a) The following serve as an application for a permanent criminal stalking
194     injunction limiting the contact between the defendant and the victim:
195          (i) a conviction for:
196          (A) stalking; or
197          (B) attempt to commit stalking; or
198          (ii) a plea to any of the offenses described in Subsection (9)(a)(i) accepted by the court
199     and held in abeyance for a period of time.
200          (b) A permanent criminal stalking injunction shall be issued by the court at the time of
201     the conviction. The court shall give the defendant notice of the right to request a hearing.
202          (c) If the defendant requests a hearing under Subsection (9)(b), it shall be held at the
203     time of the conviction unless the victim requests otherwise, or for good cause.
204          (d) If the conviction was entered in a justice court, a certified copy of the judgment and
205     conviction or a certified copy of the court's order holding the plea in abeyance shall be filed by
206     the victim in the district court as an application and request for a hearing for a permanent
207     criminal stalking injunction.
208          (10) A permanent criminal stalking injunction shall be issued by the district court
209     granting the following relief where appropriate:
210          (a) an order:
211          (i) restraining the defendant from entering the residence, property, school, or place of
212     employment of the victim; and
213          (ii) requiring the defendant to stay away from the victim, except as provided in
214     Subsection (11), and to stay away from any specified place that is named in the order and is
215     frequented regularly by the victim;
216          (b) an order restraining the defendant from making contact with or regarding the
217     victim, including an order forbidding the defendant from personally or through an agent

218     initiating any communication, except as provided in Subsection (11), likely to cause annoyance
219     or alarm to the victim, including personal, written, or telephone contact with or regarding the
220     victim, with the victim's employers, employees, coworkers, friends, associates, or others with
221     whom communication would be likely to cause annoyance or alarm to the victim; and
222          (c) any other orders the court considers necessary to protect the victim and members of
223     the victim's immediate family or household.
224          (11) If the victim and defendant have minor children together, the court may consider
225     provisions regarding the defendant's exercise of custody and parent-time rights while ensuring
226     the safety of the victim and any minor children. If the court issues a permanent criminal
227     stalking injunction, but declines to address custody and parent-time issues, a copy of the
228     stalking injunction shall be filed in any action in which custody and parent-time issues are
229     being considered and that court may modify the injunction to balance the parties' custody and
230     parent-time rights.
231          (12) Except as provided in Subsection (11), a permanent criminal stalking injunction
232     may be modified, dissolved, or dismissed only upon application of the victim to the court
233     which granted the injunction.
234          (13) Notice of permanent criminal stalking injunctions issued pursuant to this section
235     shall be sent by the court to the statewide warrants network or similar system.
236          (14) A permanent criminal stalking injunction issued pursuant to this section has effect
237     statewide.
238          (15) (a) Violation of an injunction issued pursuant to this section constitutes a third
239     degree felony offense of stalking under Subsection (7).
240          (b) Violations may be enforced in a civil action initiated by the stalking victim, a
241     criminal action initiated by a prosecuting attorney, or both.
242          (16) This section does not preclude the filing of a criminal information for stalking
243     based on the same act which is the basis for the violation of the stalking injunction issued
244     pursuant to Title 77, Chapter 3a, Stalking Injunctions, or a permanent criminal stalking

245     injunction.
246          (17) (a) A law enforcement officer who responds to an allegation of stalking shall use
247     all reasonable means to protect the victim and prevent further violence, including:
248          (i) taking action that, in the officer's discretion, is reasonably necessary to provide for
249     the safety of the victim and any family or household member;
250          (ii) confiscating the weapon or weapons involved in the alleged stalking;
251          (iii) making arrangements for the victim and any child to obtain emergency housing or
252     shelter;
253          (iv) providing protection while the victim removes essential personal effects;
254          (v) arranging, facilitating, or providing for the victim and any child to obtain medical
255     treatment; and
256          (vi) arranging, facilitating, or providing the victim with immediate and adequate notice
257     of the rights of victims and of the remedies and services available to victims of stalking, in
258     accordance with Subsection (17)(b).
259          (b) (i) A law enforcement officer shall give written notice to the victim in simple
260     language, describing the rights and remedies available under this section and Title 77, Chapter
261     3a, Stalking Injunctions.
262          (ii) The written notice shall also include:
263          (A) a statement that the forms needed in order to obtain a stalking injunction are
264     available from the court clerk's office in the judicial district where the victim resides or is
265     temporarily domiciled; and
266          (B) a list of shelters, services, and resources available in the appropriate community,
267     together with telephone numbers, to assist the victim in accessing any needed assistance.
268          (c) If a weapon is confiscated under this Subsection (17), the law enforcement agency
269     shall return the weapon to the individual from whom the weapon is confiscated if a stalking
270     injunction is not issued or once the stalking injunction is terminated.
271          Section 3. Section 76-5-108 is amended to read:

272          76-5-108. Protective orders restraining abuse of another -- Violation.
273          (1) Any person who is the respondent or defendant subject to a protective order, child
274     protective order, ex parte protective order, or ex parte child protective order issued under the
275     following who intentionally or knowingly violates that order after having been properly served
276     or having been present, in person or through court video conferencing, when the order was
277     issued, is guilty of a class A misdemeanor, except as a greater penalty may be provided in Title
278     77, Chapter 36, Cohabitant Abuse Procedures Act:
279          (a) Title 78B, Chapter 7, Part 1, Cohabitant Abuse Act;
280          (b) Title 78A, Chapter 6, Juvenile Court Act;
281          (c) Title 77, Chapter 36, Cohabitant Abuse Procedures Act; or
282          (d) a foreign protection order enforceable under Title 78B, Chapter 7, Part 3, Uniform
283     Interstate Enforcement of Domestic Violence Protection Orders Act[, who intentionally or
284     knowingly violates that order after having been properly served, is guilty of a class A
285     misdemeanor, except as a greater penalty may be provided in Title 77, Chapter 36, Cohabitant
286     Abuse Procedures Act].
287          (2) Violation of an order as described in Subsection (1) is a domestic violence offense
288     under Section 77-36-1 and subject to increased penalties in accordance with Section 77-36-1.1.
289          Section 4. Section 77-3a-101.1 is enacted to read:
290          77-3a-101.1. Mutual civil stalking injunctions.
291          (1) A court may not grant a mutual order or mutual civil stalking injunction to
292     opposing parties, unless each party:
293          (a) files an independent petition against the other for a civil stalking injunction, and
294     both petitions are served;
295          (b) makes a showing at an evidentiary hearing on the civil stalking injunction that
296     stalking has occurred by the other party; and
297          (c) demonstrates the alleged act did not occur in self-defense.
298          (2) If the court issues mutual civil stalking injunctions, the court shall include specific

299     findings of all elements of Subsection (1) in the court order justifying the entry of the court
300     orders.
301          (3) A court may not grant a civil stalking injunction to a civil petitioner who is the
302     respondent or defendant subject to a civil stalking injunction, protective order, child protective
303     order, or ex parte child protective order:
304          (a) issued under:
305          (i) Chapter 3a, Stalking Injunctions;
306          (ii) a foreign protection order enforceable under Title 78B, Chapter 7, Part 3, Uniform
307     Interstate Enforcement of Domestic Violence Protection Orders Act;
308          (iii) Chapter 36, Cohabitant Abuse Procedures Act;
309          (iv) Title 78A, Chapter 6, Juvenile Court Act; or
310          (v) Title 78B, Chapter 7, Part 1, Cohabitant Abuse Act; and
311          (b) unless the court determines that the requirements of Subsection (1) are met, and:
312          (i) the same court issued the order for protection against the respondent; or
313          (ii) if the matter is before a subsequent court, the subsequent court:
314          (A) determines it would be impractical for the original court to consider the matter; or
315          (B) confers with the court that issued the order for protection.
316          Section 5. Section 77-36-1 is amended to read:
317          77-36-1. Definitions.
318          As used in this chapter:
319          (1) "Cohabitant" means the same as that term is defined in Section 78B-7-102.
320          (2) "Department" means the Department of Public Safety.
321          (3) "Divorced" means an individual who has obtained a divorce under Title 30, Chapter
322     3, Divorce.
323          (4) "Domestic violence" or "domestic violence offense" means any criminal offense
324     involving violence or physical harm or threat of violence or physical harm, or any attempt,
325     conspiracy, or solicitation to commit a criminal offense involving violence or physical harm,

326     when committed by one cohabitant against another. "Domestic violence" or "domestic
327     violence offense" also means commission or attempt to commit, any of the following offenses
328     by one cohabitant against another:
329          (a) aggravated assault, as described in Section 76-5-103;
330          (b) assault, as described in Section 76-5-102;
331          (c) criminal homicide, as described in Section 76-5-201;
332          (d) harassment, as described in Section 76-5-106;
333          (e) electronic communication harassment, as described in Section 76-9-201;
334          (f) kidnapping, child kidnapping, or aggravated kidnapping, as described in Sections
335     76-5-301, 76-5-301.1, and 76-5-302;
336          (g) mayhem, as described in Section 76-5-105;
337          (h) sexual offenses, as described in Title 76, Chapter 5, Part 4, Sexual Offenses, and
338     Section 76-5b-201, Sexual exploitation of a minor -- Offenses;
339          (i) stalking, as described in Section 76-5-106.5;
340          (j) unlawful detention or unlawful detention of a minor, as described in Section
341     76-5-304;
342          (k) violation of a protective order or ex parte protective order, as described in Section
343     76-5-108;
344          (l) any offense against property described in Title 76, Chapter 6, Part 1, Property
345     Destruction, Title 76, Chapter 6, Part 2, Burglary and Criminal Trespass, or Title 76, Chapter 6,
346     Part 3, Robbery;
347          (m) possession of a deadly weapon with criminal intent [to assault], as described in
348     Section 76-10-507;
349          (n) discharge of a firearm from a vehicle, near a highway, or in the direction of any
350     person, building, or vehicle, as described in Section 76-10-508;
351          (o) disorderly conduct, as defined in Section 76-9-102, if a conviction of disorderly
352     conduct is the result of a plea agreement in which the defendant was originally charged with a

353     domestic violence offense otherwise described in this Subsection (4)[. Conviction], except that
354     a conviction of disorderly conduct as a domestic violence offense, in the manner described in
355     this Subsection (4)(o), does not constitute a misdemeanor crime of domestic violence under 18
356     U.S.C. Sec. 921, and is exempt from [the provisions of] the federal Firearms Act, 18 U.S.C.
357     Sec. 921 et seq.; [or]
358          (p) child abuse, as described in Section 76-5-109.1[.];
359          (q) threatening use of a dangerous weapon, as described in Section 76-10-506;
360          (r) threatening violence, as described in Section 76-5-107;
361          (s) tampering with a witness, as described in Section 76-8-508;
362          (t) retaliation against a witness or victim, as described in Section 76-8-508.3;
363          (u) unlawful distribution of an intimate image, as described in Section 76-5b-203;
364          (v) sexual battery, as described in Section 76-9-702.1;
365          (w) voyeurism, as described in Section 76-9-702.7;
366          (x) damage to or interruption of a communication device, as described in Section
367     76-6-108; or
368          (y) an offense described in Section 77-20-3.5.
369          (5) "Jail release agreement" means the same as that term is defined in Section
370     77-20-3.5.
371          (6) "Jail release court order" means the same as that term is defined in Section
372     77-20-3.5.
373          (7) "Marital status" means married and living together, divorced, separated, or not
374     married.
375          (8) "Married and living together" means a [man and a woman] couple whose marriage
376     was solemnized under Section 30-1-4 or 30-1-6 and who are living in the same residence.
377          (9) "Not married" means any living arrangement other than married and living together,
378     divorced, or separated.
379          (10) "Protective order" includes an order issued under Subsection 77-36-5.1(6).

380          (11) "Pretrial protective order" means a written order:
381          (a) specifying and limiting the contact a person who has been charged with a domestic
382     violence offense may have with an alleged victim or other specified individuals; and
383          (b) specifying other conditions of release pursuant to Subsection 77-20-3.5(3),
384     Subsection 77-36-2.6(3), or Section 77-36-2.7, pending trial in the criminal case.
385          (12) "Sentencing protective order" means a written order of the court as part of
386     sentencing in a domestic violence case that limits the contact a person who has been convicted
387     of a domestic violence offense may have with a victim or other specified individuals pursuant
388     to Sections 77-36-5 and 77-36-5.1.
389          (13) "Separated" means a [man and a woman] couple who have had their marriage
390     solemnized under Section 30-1-4 or 30-1-6 and who are not living in the same residence.
391          (14) "Victim" means a cohabitant who has been subjected to domestic violence.
392          Section 6. Section 77-36-2.1 is amended to read:
393          77-36-2.1. Duties of law enforcement officers -- Notice to victims.
394          (1) A law enforcement officer who responds to an allegation of domestic violence shall
395     use all reasonable means to protect the victim and prevent further violence, including:
396          (a) taking the action that, in the officer's discretion, is reasonably necessary to provide
397     for the safety of the victim and any family or household member;
398          (b) confiscating the weapon or weapons involved in the alleged domestic violence;
399          (c) making arrangements for the victim and any child to obtain emergency housing or
400     shelter;
401          (d) providing protection while the victim removes essential personal effects;
402          (e) arrange, facilitate, or provide for the victim and any child to obtain medical
403     treatment; and
404          (f) arrange, facilitate, or provide the victim with immediate and adequate notice of the
405     rights of victims and of the remedies and services available to victims of domestic violence, in
406     accordance with Subsection (2).

407          (2) (a) A law enforcement officer shall give written notice to the victim in simple
408     language, describing the rights and remedies available under this chapter, Title 78B, Chapter 7,
409     Part 1, Cohabitant Abuse Act, and Title 78B, Chapter 7, Part 2, Child Protective Orders.
410          (b) The written notice shall also include:
411          (i) a statement that the forms needed in order to obtain an order for protection are
412     available from the court clerk's office in the judicial district where the victim resides or is
413     temporarily domiciled;
414          (ii) a list of shelters, services, and resources available in the appropriate community,
415     together with telephone numbers, to assist the victim in accessing any needed assistance; and
416          (iii) the information required to be provided to both parties in accordance with
417      Subsections 77-20-3.5(10) and (11) .
418          (3) If a weapon is confiscated under this section, the law enforcement agency shall
419     return the weapon to the individual from whom the weapon is confiscated if a domestic
420     violence protective order is not issued or once the domestic violence protective order is
421     terminated.
422          Section 7. Section 78B-7-102 is amended to read:
423          78B-7-102. Definitions.
424          As used in this chapter:
425          (1) "Abuse" means intentionally or knowingly causing or attempting to cause a
426     cohabitant physical harm or intentionally or knowingly placing a cohabitant in reasonable fear
427     of imminent physical harm.
428          (2) "Cohabitant" means an emancipated person pursuant to Section 15-2-1 or a person
429     who is 16 years of age or older who:
430          (a) is or was a spouse of the other party;
431          (b) is or was living as if a spouse of the other party;
432          (c) is related by blood or marriage to the other party as the person's parent, grandparent,
433     sibling, or any other person related to the person by consanguinity or affinity to the second

434     degree;
435          (d) has or had one or more children in common with the other party;
436          (e) is the biological parent of the other party's unborn child; [or]
437          (f) resides or has resided in the same residence as the other party[.]; or
438          (g) is or was in a consensual sexual relationship with the other party.
439          (3) Notwithstanding Subsection (2), "cohabitant" does not include:
440          (a) the relationship of natural parent, adoptive parent, or step-parent to a minor; or
441          (b) the relationship between natural, adoptive, step, or foster siblings who are under 18
442     years of age.
443          (4) "Court clerk" means a district court clerk.
444          (5) "Domestic violence" means the same as that term is defined in Section 77-36-1.
445          (6) "Ex parte protective order" means an order issued without notice to the [defendant]
446     respondent in accordance with this chapter.
447          (7) "Foreign protection order" means the same as that term is defined in Section
448     78B-7-302.
449          (8) "Law enforcement unit" or "law enforcement agency" means any public agency
450     having general police power and charged with making arrests in connection with enforcement
451     of the criminal statutes and ordinances of this state or any political subdivision.
452          (9) "Peace officer" means those persons specified in Title 53, Chapter 13, Peace
453     Officer Classifications.
454          (10) "Protective order" means:
455          (a) an order issued pursuant to this chapter subsequent to a hearing on the petition, of
456     which the petitioner and respondent have been given notice in accordance with this chapter; or
457          (b) an order issued under Subsection 77-36-5.1(6).
458          Section 8. Section 78B-7-105 is amended to read:
459          78B-7-105. Forms for petitions and protective orders -- Assistance.
460          (1) (a) The offices of the court clerk shall provide forms and nonlegal assistance to

461     persons seeking to proceed under this chapter.
462          (b) The Administrative Office of the Courts shall develop and adopt uniform forms for
463     petitions and orders for protection in accordance with the provisions of this chapter. That
464     office shall provide the forms to the clerk of each court authorized to issue protective orders.
465     The forms shall include:
466          (i) a statement notifying the petitioner for an ex parte protective order that knowing
467     falsification of any statement or information provided for the purpose of obtaining a protective
468     order may subject the petitioner to felony prosecution;
469          (ii) a separate portion of the form for those provisions, the violation of which is a
470     criminal offense, and a separate portion for those provisions, the violation of which is a civil
471     violation, as provided in Subsection 78B-7-106(5);
472          (iii) language in the criminal provision portion stating violation of any criminal
473     provision is a class A misdemeanor, and language in the civil portion stating violation of or
474     failure to comply with a civil provision is subject to contempt proceedings;
475          (iv) a space for information the petitioner is able to provide to facilitate identification
476     of the respondent, such as social security number, driver license number, date of birth, address,
477     telephone number, and physical description;
478          (v) a space for the petitioner to request a specific period of time for the civil provisions
479     to be in effect, not to exceed 150 days, unless the petitioner provides in writing the reason for
480     the requested extension of the length of time beyond 150 days;
481          (vi) a statement advising the petitioner that when a minor child is included in an ex
482     parte protective order or a protective order, as part of either the criminal or the civil portion of
483     the order, the petitioner may provide a copy of the order to the principal of the school where the
484     child attends; [and]
485          (vii) a statement advising the petitioner that if the respondent fails to return custody of
486     a minor child to the petitioner as ordered in a protective order, the petitioner may obtain from
487     the court a writ of assistance[.]; and

488          (viii) a space for information the petitioner is able to provide related to a proceeding
489     for an order for protection, civil litigation, a proceeding in juvenile court, and a criminal case
490     involving either party, including:
491          (A) the case name;
492          (B) the file number;
493          (C) the county and state of the proceeding; and
494          (D) the judge's name.
495          (2) If the person seeking to proceed under this chapter is not represented by an
496     attorney, it is the responsibility of the court clerk's office to provide:
497          (a) the forms adopted pursuant to Subsection (1);
498          (b) all other forms required to petition for an order for protection including, but not
499     limited to, forms for service;
500          (c) clerical assistance in filling out the forms and filing the petition, in accordance with
501     Subsection (1)(a), except that a court clerk's office may designate any other entity, agency, or
502     person to provide that service, but the court clerk's office is responsible to see that the service is
503     provided;
504          (d) information regarding the means available for the service of process;
505          (e) a list of legal service organizations that may represent the petitioner in an action
506     brought under this chapter, together with the telephone numbers of those organizations; and
507          (f) written information regarding the procedure for transporting a jailed or imprisoned
508     respondent to the protective order hearing, including an explanation of the use of transportation
509     order forms when necessary.
510          (3) [No charges may be imposed by a] A court clerk, constable, or law enforcement
511     agency may not impose a charge for:
512          (a) filing a petition under this chapter;
513          (b) obtaining an ex parte protective order;
514          (c) obtaining copies, either certified or not certified, necessary for service or delivery to

515     law enforcement officials; or
516          (d) fees for service of a petition, ex parte protective order, or protective order.
517          (4) A petition for an order of protection shall be in writing and verified.
518          (5) (a) An order for protection shall be issued in the form adopted by the Administrative
519     Office of the Courts pursuant to Subsection (1).
520          (b) A protective order issued, except orders issued ex parte, shall include the following
521     language:
522          "Respondent was afforded both notice and opportunity to be heard in the hearing that
523     gave rise to this order. Pursuant to the Violence Against Women Act of 1994, P.L. 103-322,
524     108 Stat. 1796, 18 U.S.C.[A.] Sec. 2265, this order is valid in all the United States, the District
525     of Columbia, tribal lands, and United States territories. This order complies with the Uniform
526     Interstate Enforcement of Domestic Violence Protection Orders Act."
527          (c) A protective order issued in accordance with this part, including protective orders
528     issued ex parte and except for a continuous protective order issued under Subsection
529     77-36-5.1(6), shall include the following language:
530          "NOTICE TO PETITIONER: The court may amend or dismiss a protective order after
531     one year if it finds that the basis for the issuance of the protective order no longer exists and the
532     petitioner has repeatedly acted in contravention of the protective order provisions to
533     intentionally or knowingly induce the respondent to violate the protective order, demonstrating
534     to the court that the petitioner no longer has a reasonable fear of the respondent."
535          Section 9. Section 78B-7-106 is amended to read:
536          78B-7-106. Protective orders -- Ex parte protective orders -- Modification of
537     orders -- Service of process -- Duties of the court.
538          (1) If it appears from a petition for an order for protection or a petition to modify an
539     order for protection that domestic violence or abuse has occurred, that there is a substantial
540     likelihood domestic violence or abuse will occur, or that a modification of an order for
541     protection is required, a court may:

542          (a) without notice, immediately issue an order for protection ex parte or modify an
543     order for protection ex parte as it considers necessary to protect the petitioner and all parties
544     named to be protected in the petition; or
545          (b) upon notice, issue an order for protection or modify an order after a hearing,
546     whether or not the respondent appears.
547          (2) A court may grant the following relief without notice in an order for protection or a
548     modification issued ex parte:
549          (a) enjoin the respondent from threatening to commit [or] domestic violence or abuse,
550     committing domestic violence or abuse [against the petitioner and], or harassing the petitioner
551     or any designated family or household member;
552          (b) prohibit the respondent from [harassing,] telephoning, contacting, or otherwise
553     communicating with the petitioner or any designated family or household member, directly or
554     indirectly, with the exception of any parent-time provisions in the ex parte order;
555          [(c) order that the respondent is excluded from the petitioner's residence and its
556     premises, and order the respondent to stay away from the residence, school, or place of
557     employment of the petitioner, and the premises of any of these, or]
558          (c) subject to Subsection (2)(e), prohibit the respondent from being within a specified
559     distance of the petitioner;
560          (d) subject to Subsection (2)(e), order that the respondent is excluded from and is to
561     stay away from the following places and their premises:
562          (i) the petitioner's residence or any designated family or household member's residence;
563          (ii) the petitioner's school or any designated family or household member's school;
564          (iii) the petitioner's or any designated family or household member's place of
565     employment;
566          (iv) the petitioner's place of worship or any designated family or household member's
567     place of worship; or
568          (v) any specified place frequented by the petitioner [and] or any designated family or

569     household member;
570          (e) if the petitioner or designated family or household member attends the same school
571     as the respondent, is employed at the same place of employment as the respondent, or attends
572     the same place of worship, the court:
573          (i) may not enter an order under Subsection (2)(c) or (d) that excludes the respondent
574     from the respondent's school, place of employment, or place of worship; and
575          (ii) may enter an order governing the respondent's conduct at the respondent's school,
576     place of employment, or place of worship;
577          [(d)] (f) upon finding that the respondent's use or possession of a weapon may pose a
578     serious threat of harm to the petitioner, prohibit the respondent from purchasing, using, or
579     possessing a firearm or other weapon specified by the court;
580          [(e)] (g) order possession and use of an automobile and other essential personal effects,
581     and direct the appropriate law enforcement officer to accompany the petitioner to the residence
582     of the parties to ensure that the petitioner is safely restored to possession of the residence,
583     automobile, and other essential personal effects, or to supervise the petitioner's or respondent's
584     removal of personal belongings;
585          [(f)] (h) grant to the petitioner or someone other than the respondent temporary custody
586     of [any minor children] a minor child of the parties;
587          [(g)] (i) order the appointment of an attorney guardian ad litem under Sections
588     78A-2-703 and 78A-6-902;
589          [(h)] (j) order any further relief that the court considers necessary to provide for the
590     safety and welfare of the petitioner and any designated family or household member; and
591          [(i)] (k) if the petition requests child support or spousal support, at the hearing on the
592     petition order both parties to provide verification of current income, including year-to-date pay
593     stubs or employer statements of year-to-date or other period of earnings, as specified by the
594     court, and complete copies of tax returns from at least the most recent year.
595          (3) A court may grant the following relief in an order for protection or a modification

596     of an order after notice and hearing, whether or not the respondent appears:
597          (a) grant the relief described in Subsection (2); and
598          (b) specify arrangements for parent-time of any minor child by the respondent and
599     require supervision of that parent-time by a third party or deny parent-time if necessary to
600     protect the safety of the petitioner or child.
601          (4) Following the protective order hearing, the court shall:
602          (a) as soon as possible, deliver the order to the county sheriff for service of process;
603          (b) make reasonable efforts to ensure that the order for protection is understood by the
604     petitioner, and the respondent, if present;
605          (c) transmit electronically, by the end of the next business day after the order is issued,
606     a copy of the order for protection to the local law enforcement agency or agencies designated
607     by the petitioner; and
608          (d) transmit a copy of the order to the statewide domestic violence network described
609     in Section 78B-7-113.
610          (5) (a) Each protective order shall include two separate portions, one for provisions, the
611     violation of which are criminal offenses, and one for provisions, the violation of which are civil
612     violations, as follows:
613          (i) criminal offenses are those under Subsections (2)(a) through (e), and under
614     Subsection (3)(a) as it refers to Subsections (2)(a) through (e); and
615          (ii) civil offenses are those under Subsections (2)(f), (h), and (i), and Subsection (3)(a)
616     as it refers to Subsections (2)(f), (h), and (i).
617          (b) The criminal provision portion shall include a statement that violation of any
618     criminal provision is a class A misdemeanor.
619          (c) The civil provision portion shall include a notice that violation of or failure to
620     comply with a civil provision is subject to contempt proceedings.
621          (6) The protective order shall include:
622          (a) a designation of a specific date, determined by the court, when the civil portion of

623     the protective order either expires or is scheduled for review by the court, which date may not
624     exceed 150 days after the date the order is issued, unless the court indicates on the record the
625     reason for setting a date beyond 150 days;
626          (b) information the petitioner is able to provide to facilitate identification of the
627     respondent, such as social security number, driver license number, date of birth, address,
628     telephone number, and physical description; and
629          (c) a statement advising the petitioner that:
630          (i) after two years from the date of issuance of the protective order, a hearing may be
631     held to dismiss the criminal portion of the protective order;
632          (ii) the petitioner should, within the 30 days prior to the end of the two-year period,
633     advise the court of the petitioner's current address for notice of any hearing; and
634          (iii) the address provided by the petitioner will not be made available to the respondent.
635          (7) Child support and spouse support orders issued as part of a protective order are
636     subject to mandatory income withholding under Title 62A, Chapter 11, Part 4, Income
637     Withholding in IV-D Cases, and Title 62A, Chapter 11, Part 5, Income Withholding in Non
638     IV-D Cases, except when the protective order is issued ex parte.
639          (8) (a) The county sheriff that receives the order from the court, pursuant to Subsection
640     (5)(a), shall provide expedited service for orders for protection issued in accordance with this
641     chapter, and shall transmit verification of service of process, when the order has been served, to
642     the statewide domestic violence network described in Section 78B-7-113.
643          (b) This section does not prohibit any law enforcement agency from providing service
644     of process if that law enforcement agency:
645          (i) has contact with the respondent and service by that law enforcement agency is
646     possible; or
647          (ii) determines that under the circumstances, providing service of process on the
648     respondent is in the best interests of the petitioner.
649          (9) (a) When an order is served on a respondent in a jail or other holding facility, the

650     law enforcement agency managing the facility shall make a reasonable effort to provide notice
651     to the petitioner at the time the respondent is released from incarceration.
652          (b) Notification of the petitioner shall consist of a good faith reasonable effort to
653     provide notification, including mailing a copy of the notification to the last-known address of
654     the victim.
655          (10) A court may modify or vacate an order of protection or any provisions in the order
656     after notice and hearing, except that the criminal provisions of a protective order may not be
657     vacated within two years of issuance unless the petitioner:
658          (a) is personally served with notice of the hearing as provided in Rules 4 and 5, Utah
659     Rules of Civil Procedure, and the petitioner personally appears, in person or through court
660     video conferencing, before the court and gives specific consent to the vacation of the criminal
661     provisions of the protective order; or
662          (b) submits a verified affidavit, stating agreement to the vacation of the criminal
663     provisions of the protective order.
664          (11) A protective order may be modified without a showing of substantial and material
665     change in circumstances.
666          (12) Insofar as the provisions of this chapter are more specific than the Utah Rules of
667     Civil Procedure, regarding protective orders, the provisions of this chapter govern.
668          Section 10. Section 78B-7-107 is amended to read:
669          78B-7-107. Hearings on ex parte orders.
670          (1) (a) When a court issues an ex parte protective order the court shall set a date for a
671     hearing on the petition to be held within 20 days after the ex parte order is issued.
672          (b) If at that hearing the court does not issue a protective order, the ex parte protective
673     order shall expire, unless it is otherwise extended by the court. Extensions beyond the 20-day
674     period may not by granted unless:
675          (i) the petitioner is unable to be present at the hearing;
676          (ii) the respondent has not been served;

677          (iii) the respondent has had the opportunity to present a defense at the hearing;
678          (iv) the respondent requests that the ex parte order be extended; or
679          (v) exigent circumstances exist.
680          (c) Under no circumstances may an ex parte order be extended beyond 180 days from
681     the date of initial issuance.
682          (d) If at that hearing the court issues a protective order, the ex parte protective order
683     remains in effect until service of process of the protective order is completed.
684          (e) A protective order issued after notice and a hearing is effective until further order of
685     the court.
686          (f) If the hearing on the petition is heard by a commissioner, either the petitioner or
687     respondent may file an objection within 10 days of the entry of the recommended order and the
688     assigned judge shall hold a hearing within 20 days of the filing of the objection.
689          (2) Upon a hearing under this section, the court may grant any of the relief described in
690     Section 78B-7-106.
691          (3) When a court denies a petition for an ex parte protective order or a petition to
692     modify an order for protection ex parte, upon the request of the petitioner, the court shall set
693     the matter for hearing and notify the petitioner and serve the respondent.
694          (4) A respondent who has been served with an ex parte protective order may seek to
695     vacate the ex parte protective order prior to the hearing scheduled pursuant to Subsection (1)(a)
696     by filing a verified motion to vacate. The respondent's verified motion to vacate and a notice
697     of hearing on that motion shall be personally served on the petitioner at least two days prior to
698     the hearing on the motion to vacate.
699          Section 11. Section 78B-7-108 is amended to read:
700          78B-7-108. Mutual protective orders.
701          (1) A court may not grant a mutual order or mutual orders for protection to opposing
702     parties, unless each party:
703          (a) [has filed] files an independent petition against the other for a protective order, and

704     both petitions [have been] are served;
705          (b) makes a showing at a due process protective order hearing of abuse or domestic
706     violence committed by the other party; and
707          (c) demonstrates the abuse or domestic violence did not occur in self-defense.
708          (2) If the court issues mutual protective orders, [the circumstances justifying those
709     orders shall be documented in the case file.] the court shall include specific findings of all
710     elements of Subsection (1) in the court order justifying the entry of the court order.
711          (3) A court may not grant an order for protection to a civil petitioner who is the
712     respondent or defendant subject to a protective order, child protective order, or ex parte child
713     protective order:
714          (a) issued under:
715          (i) a foreign protection order enforceable under Chapter 7, Part 3, Uniform Interstate
716     Enforcement of Domestic Violence Protection Orders Act;
717          (ii) Title 77, Chapter 36, Cohabitant Abuse Procedures Act;
718          (iii) Title 78A, Chapter 6, Juvenile Court Act; or
719          (iv) Chapter 7, Part 1, Cohabitant Abuse Act; and
720          (b) unless the court determines that the requirements of Subsection (1) are met, and:
721          (i) the same court issued the order for protection against the respondent; or
722          (ii) if the matter is before a subsequent court, the subsequent court:
723          (A) determines it would be impractical for the original court to consider the matter; or
724          (B) confers with the court that issued the order for protection.
725          Section 12. Section 78B-7-109 is amended to read:
726          78B-7-109. Continuing duty to inform court of other proceedings -- Effect of
727     other proceedings.
728          (1) [At any hearing in a proceeding to obtain an order for protection, each] Each party
729     has a continuing duty to inform the court of each proceeding for an order for protection, any
730     civil litigation, each proceeding in juvenile court, and each criminal case involving either party,

731     including the case name, the file number, and the county and state of the proceeding, if that
732     information is known by the party.
733          (2) (a) An order for protection issued pursuant to this chapter is in addition to and not
734     in lieu of any other available civil or criminal proceeding.
735          (b) A petitioner is not barred from seeking a protective order because of other pending
736     proceedings.
737          (c) A court may not delay granting relief under this chapter because of the existence of
738     a pending civil action between the parties.
739          (3) A petitioner may omit [his or her] the petitioner's address from all documents filed
740     with the court under this chapter, but shall separately provide the court with a mailing address
741     that is not to be made part of the public record, but that may be provided to a peace officer or
742     entity for service of process.
743          Section 13. Section 78B-7-115 is amended to read:
744          78B-7-115. Dismissal of protective order -- Expiration.
745          (1) Except as provided in Subsections (6) and (8), a protective order that has been in
746     effect for at least two years may be dismissed if the court determines that the petitioner no
747     longer has a reasonable fear of future harm or abuse. In determining whether the petitioner no
748     longer has a reasonable fear of future harm or abuse, the court shall consider the following
749     factors:
750          (a) whether the respondent has complied with treatment recommendations related to
751     domestic violence, entered at the time the protective order was entered;
752          (b) whether the protective order was violated during the time it was in force;
753          (c) claims of harassment, abuse, or violence by either party during the time the
754     protective order was in force;
755          (d) counseling or therapy undertaken by either party;
756          (e) impact on the well-being of any minor children of the parties, if relevant; and
757          (f) any other factors the court considers relevant to the case before it.

758          (2) Except as provided in Subsections (6) and (8), the court may amend or dismiss a
759     protective order issued in accordance with this part that has been in effect for at least one year
760     if it finds that:
761          (a) the basis for the issuance of the protective order no longer exists;
762          (b) the petitioner has repeatedly acted in contravention of the protective order
763     provisions to intentionally or knowingly induce the respondent to violate the protective order;
764          (c) the petitioner's actions demonstrate that the petitioner no longer has a reasonable
765     fear of the respondent; and
766          (d) the respondent has not been convicted of a protective order violation or any crime
767     of violence subsequent to the issuance of the protective order, and there are no unresolved
768     charges involving violent conduct still on file with the court.
769          (3) The court shall enter sanctions against either party if the court determines that
770     either party acted:
771          (a) in bad faith; or
772          (b) with intent to harass or intimidate either party.
773          (4) Notice of a motion to dismiss a protective order shall be made by personal service
774     on the petitioner in a protective order action as provided in Rules 4 and 5, Utah Rules of Civil
775     Procedure.
776          (5) Except as provided in Subsection (8), if a divorce proceeding is pending between
777     parties to a protective order action, the protective order shall be dismissed when the court
778     issues a decree of divorce for the parties if:
779          [(a) the petitioner in the protective order action is present or has been given notice in
780     both the divorce and protective order action of the hearing; and]
781          [(b) the court specifically finds that the order need not continue, and, as provided in
782     Subsection (1), the petitioner no longer has a reasonable fear of future harm or abuse.]
783          (a) the respondent files a motion to dismiss a protective order in both the divorce
784     action and the protective order action and personally serves the petitioner; and

785          (b) (i) the parties stipulate in writing or on the record to dismiss the protective order; or
786          (ii) based on evidence at the divorce trial, the court determines that the petitioner no
787     longer has a reasonable fear of future harm or abuse after considering the factors listed in
788     Subsections (1)(a) through (f).
789          (6) (a) Notwithstanding Subsection (1) or (2) and subject to Subsection (8), a
790     protective order that has been entered under this chapter concerning a petitioner and a
791     respondent who are divorced shall automatically expire, subject to [Subsections (6)(b) and (c)]
792     Subsection (6)(b), 10 years from the day on which [one of the following occurs:(i) the decree
793     of divorce between the petitioner and respondent became absolute; or(ii)] the protective order
794     [was] is entered.
795          (b) The protective order shall automatically expire, as described in Subsection (6)(a),
796     unless[:(i)] the petitioner files a motion before expiration of the protective order and
797     demonstrates that:
798          (i) the petitioner has a reasonable fear of future harm or abuse, as described in
799     Subsection (1); or
800          (ii) the respondent has been convicted of a protective order violation or any crime of
801     domestic violence subsequent to the issuance of the protective order.
802          [(c) The 10 years described in Subsection (6)(a) is tolled for any period of time that the
803     respondent is incarcerated.]
804          (c) If the court grants the motion under Subsection (6)(b), the court shall set a new date
805     on which the protective order expires. The protective order will expire unless the petitioner
806     files a motion described in Subsection (6)(b) to extend the protective order.
807          (7) When the court dismisses a protective order, the court shall immediately:
808          (a) issue an order of dismissal to be filed in the protective order action; and
809          (b) transmit a copy of the order of dismissal to the statewide domestic violence
810     network as described in Section 78B-7-113.
811          (8) Notwithstanding the other provisions of this section, a continuous protective order

812     may not be modified or dismissed except as provided in Subsection 77-36-5.1(6).
813          Section 14. Section 78B-7-115.5 is enacted to read:
814          78B-7-115.5. Expiration of protective order.
815          (1) Subject to the other provisions of this section, a civil protective order issued under
816     this part automatically expires 10 years from the day on which the protective order is entered.
817          (2) The protective order automatically expires as described in Subsection (1), unless
818     the petitioner files a motion before expiration of the protective order and demonstrates that:
819          (a) the petitioner has a current reasonable fear of future harm or abuse, as described in
820     Subsection 78B-7-115(1); or
821          (b) the respondent has been convicted of a protective order violation or any crime of
822     domestic violence subsequent to the issuance of the protective order.
823          (3) If the court grants the motion under Subsection (2), the court shall set a new date on
824     which the protective order expires. The protective order will expire unless the petitioner files a
825     motion described in Subsection (2) to extend the protective order.
826          Section 15. Section 78B-7-408 is enacted to read:
827          78B-7-408. Duties of law enforcement officers -- Notice to victims.
828          (1) A law enforcement officer who responds to an allegation of dating violence shall
829     use all reasonable means to protect the victim and prevent further violence, including:
830          (a) taking action that, in the officer's discretion, is reasonably necessary to provide for
831     the safety of the victim and any family or household member;
832          (b) confiscating the weapon or weapons involved in the alleged dating violence;
833          (c) making arrangements for the victim and any child to obtain emergency housing or
834     shelter;
835          (d) providing protection while the victim removes essential personal effects;
836          (e) arranging, facilitating, or providing for the victim and any child to obtain medical
837     treatment; and
838          (f) arranging, facilitating, or providing the victim with immediate and adequate notice

839     of the rights of victims and of the remedies and services available to victims of dating violence,
840     in accordance with Subsection (2).
841          (2) (a) A law enforcement officer shall give written notice to the victim in simple
842     language, describing the rights and remedies available under this chapter.
843          (b) The written notice shall also include:
844          (i) a statement that the forms needed in order to obtain an order for protection are
845     available from the court clerk's office in the judicial district where the victim resides or is
846     temporarily domiciled; and
847          (ii) a list of shelters, services, and resources available in the appropriate community,
848     together with telephone numbers, to assist the victim in accessing any needed assistance.
849          (3) If a weapon is confiscated under this section, the law enforcement agency shall
850     return the weapon to the individual from whom the weapon is confiscated if a dating protective
851     order is not issued or once the dating protective order is terminated.
852          Section 16. Section 78B-7-409 is enacted to read:
853          78B-7-409. Mutual protective orders.
854          (1) A court may not grant a mutual order or mutual orders for protection to opposing
855     parties, unless each party:
856          (a) files an independent petition against the other for a protective order, and both
857     petitions are served;
858          (b) makes a showing at a due process protective order hearing of abuse or dating
859     violence committed by the other party; and
860          (c) demonstrates the abuse or dating violence did not occur in self-defense.
861          (2) If the court issues mutual protective orders, the court shall include specific findings
862     of all elements of Subsection (1) in the court order justifying the entry of the court order.
863          (3) A court may not grant an order for protection to a civil petitioner who is the
864     respondent or defendant subject to a protective order, child protective order, or ex parte child
865     protective order:

866          (a) issued under:
867          (i) this chapter;
868          (ii) Title 77, Chapter 36, Cohabitant Abuse Procedures Act;
869          (iii) Title 78A, Chapter 6, Juvenile Court Act;
870          (iv) Chapter 7, Part 1, Cohabitant Abuse Act; or
871          (v) a foreign protection order enforceable under Chapter 7, Part 3, Uniform Interstate
872     Enforcement of Domestic Violence Protection Orders Act; and
873          (b) unless the court determines that the requirements of Subsection (1) are met, and:
874          (i) the same court issued the order for protection against the respondent; or
875          (ii) if the matter is before a subsequent court, the subsequent court:
876          (A) determines it would be impractical for the original court to consider the matter; or
877          (B) confers with the court that issued the order for protection.