1     
DOMESTIC VIOLENCE AMENDMENTS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Allen M. Christensen

5     
House Sponsor: Paul Ray

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions relating to a domestic violence protective order.
10     Highlighted Provisions:
11          This bill:
12          ▸     modifies provisions relating to dismissal and expiration of a domestic violence
13     protective order; and
14          ▸     makes technical changes.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          78B-7-115, as last amended by Laws of Utah 2018, Chapter 255
22          78B-7-115.5, as enacted by Laws of Utah 2018, Chapter 255
23     

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 78B-7-115 is amended to read:
26          78B-7-115. Dismissal of protective order -- Expiration.
27          (1) (a) Except as provided in Subsections (6) and (8), a protective order that has been
28     in effect for at least two years may be dismissed if the court determines that the petitioner no
29     longer has a reasonable fear of future harm [or], abuse, or domestic violence.
30          (b) In determining whether the petitioner no longer has a reasonable fear of future harm
31     [or], abuse, or domestic violence, the court shall consider the following factors:
32          [(a)] (i) whether the respondent [has complied] is compliant with treatment
33     recommendations related to domestic violence, entered at the time the protective order was
34     entered;
35          [(b)] (ii) whether the protective order was violated during the time [it] the protective
36     order was in force;
37          [(c)] (iii) claims of harassment, abuse, or violence by either party during the time the
38     protective order was in force;
39          [(d)] (iv) counseling or therapy undertaken by either party;
40          [(e)] (v) impact on the well-being of any minor children of the parties, if relevant; and
41          [(f)] (vi) any other factors the court considers relevant to the case before [it] the court.
42          (2) Except as provided in Subsections (6) and (8), the court may amend or dismiss a
43     protective order issued in accordance with this part that has been in effect for at least one year
44     if [it] the court finds that:
45          (a) the basis for the issuance of the protective order no longer exists;
46          (b) the petitioner has repeatedly acted in contravention of the protective order
47     provisions to intentionally or knowingly induce the respondent to violate the protective order;
48          (c) the petitioner's actions demonstrate that the petitioner no longer has a reasonable
49     fear of the respondent; and
50          (d) the respondent has not been convicted of a protective order violation or any crime
51     of violence subsequent to the issuance of the protective order, and there are no unresolved
52     charges involving violent conduct still on file with the court.
53          (3) The court shall enter sanctions against either party if the court determines that
54     either party acted:
55          (a) in bad faith; or
56          (b) with intent to harass or intimidate [either] the other party.
57          (4) Notice of a motion to dismiss a protective order shall be made by personal service
58     on the petitioner in a protective order action as provided in Rules 4 and 5, Utah Rules of Civil
59     Procedure.
60          (5) Except as provided in Subsection (8), if a divorce proceeding is pending between
61     parties to a protective order action, the protective order shall be dismissed when the court
62     issues a decree of divorce for the parties if:
63          (a) the respondent files a motion to dismiss a protective order in both the divorce
64     action and the protective order action and personally serves the petitioner; and
65          (b) (i) the parties stipulate in writing or on the record to dismiss the protective order; or
66          (ii) based on evidence at the divorce trial, the court determines that the petitioner no
67     longer has a reasonable fear of future harm [or], abuse, or domestic violence after considering
68     the factors listed in [Subsections (1)(a) through (f)] Subsection (1).
69          (6) (a) Notwithstanding Subsection (1) or (2) and subject to Subsection (8), a
70     protective order that [has been] is entered under this chapter concerning a petitioner and a
71     respondent who are divorced shall automatically expire, subject to Subsection (6)(b), 10 years
72     [from] after the day on which the protective order is entered.
73          (b) The protective order shall automatically expire, as described in Subsection (6)(a),
74     unless the petitioner files a motion before expiration of the protective order and demonstrates
75     that:
76          (i) the petitioner has a reasonable fear of future harm [or], abuse, or domestic violence,
77     as described in Subsection (1); or
78          (ii) the respondent [has been] committed or was convicted of a protective order
79     violation or [any crime of domestic violence] a qualifying domestic violence offense, as
80     defined in Section 77-36-1.1, subsequent to the issuance of the protective order.
81          (c) (i) If the court grants the motion under Subsection (6)(b), the court shall set a new
82     date on which the protective order expires.
83          (ii) The protective order will expire on the date set by the court unless the petitioner
84     files a motion described in Subsection (6)(b) to extend the protective order.
85          (7) When the court dismisses a protective order, the court shall immediately:
86          (a) issue an order of dismissal to be filed in the protective order action; and
87          (b) transmit a copy of the order of dismissal to the statewide domestic violence
88     network as described in Section 78B-7-113.
89          (8) Notwithstanding the other provisions of this section, a continuous protective order
90     may not be modified or dismissed except as provided in Subsection 77-36-5.1(6).
91          Section 2. Section 78B-7-115.5 is amended to read:
92          78B-7-115.5. Expiration of protective order.
93          (1) Subject to the other provisions of this section, a civil protective order issued under
94     this part automatically expires 10 years [from] after the day on which the protective order is
95     entered.
96          (2) The protective order automatically expires as described in Subsection (1), unless
97     the petitioner files a motion before [expiration of the] the day on which the protective order
98     expires and demonstrates that:
99          (a) the petitioner has a current reasonable fear of future harm [or], abuse, or domestic
100     violence, as described in Subsection 78B-7-115(1); or
101          (b) the respondent [has been] committed or was convicted of a protective order
102     violation or [any crime of domestic violence] a qualifying domestic violence offense, as
103     defined in Section 77-36-1.1, subsequent to the issuance of the protective order.
104          (3) (a) If the court grants the motion under Subsection (2), the court shall set a new
105     date on which the protective order expires.
106          (b) The protective order will expire on the date set by the court unless the petitioner
107     files a motion described in Subsection (2) to extend the protective order.