1     
PROTECTIVE ORDER REVISIONS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Todd D. Weiler

5     
House Sponsor: Kera Birkeland

6     

7     LONG TITLE
8     General Description:
9          This bill addresses protective orders and civil stalking injunctions.
10     Highlighted Provisions:
11          This bill:
12          ▸     clarifies that a protective order or civil stalking injunction may be filed in the county
13     where a party is temporarily domiciled; and
14          ▸     makes technical and conforming changes.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          78B-7-104, as last amended by Laws of Utah 2020, Chapter 142
22          78B-7-701, as renumbered and amended by Laws of Utah 2020, Chapter 142
23     

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 78B-7-104 is amended to read:
26          78B-7-104. Venue of action for ex parte civil protective orders and civil protective
27     orders.
28          (1) Except as provided in Part 2, Child Protective Orders, the district court has
29     jurisdiction of any action for an ex parte civil protective order or civil protective order brought
30     under this chapter.
31          (2) An action for an ex parte civil protective order or civil protective order brought
32     under this chapter shall be filed in the county where either party resides, is temporarily
33     domiciled, or in which the action complained of took place.
34          Section 2. Section 78B-7-701 is amended to read:
35          78B-7-701. Ex parte civil stalking injunction -- Civil stalking injunction.
36          (1) (a) (i) Except as provided in Subsection (1)(b), an individual who believes that the
37     individual is the victim of stalking may file a verified written petition for a civil stalking
38     injunction against the alleged stalker with the district court in the district in which the
39     individual or respondent resides, is temporarily domiciled, or in which any of the events
40     occurred.
41          (ii) A minor with the minor's parent or guardian may file a petition on the minor's own
42     behalf, or a parent, guardian, or custodian may file a petition on the minor's behalf.
43          (b) A stalking injunction may not be obtained against a law enforcement officer,
44     governmental investigator, or licensed private investigator, who is acting in official capacity.
45          (2) (a) [The] Except as provided in Subsection (2)(b), a petition for a civil stalking
46     injunction shall include:
47          [(a)] (i) the name of the petitioner[, however, the petitioner's address shall be disclosed
48     to the court for purposes of service, but, on request of the petitioner, the address may not be
49     listed on the petition, and shall be protected and maintained in a separate document or
50     automated database, not subject to release, disclosure, or any form of public access except as
51     ordered by the court for good cause shown];
52          [(b)] (ii) the name and address, if known, of the respondent;
53          [(c)] (iii) specific events and dates of the actions constituting the alleged stalking;
54          [(d)] (iv) if there is a prior court order concerning the same conduct, the name of the
55     court in which the order was rendered; and
56          [(e)] (v) corroborating evidence of stalking, which may be in the form of a police
57     report, affidavit, record, statement, item, letter, or any other evidence which tends to prove the
58     allegation of stalking.
59          (b) (i) The petitioner's address shall be disclosed to the court for purposes of service.
60          (ii) On request of the petitioner, the petitioner's address may not be listed on the
61     petition, and shall be protected and maintained in a separate document or automated database,
62     not subject to release, disclosure, or any form of public access except as ordered by the court
63     for good cause shown.
64          (3) (a) If the court determines that there is reason to believe that an offense of stalking
65     has occurred, an ex parte civil stalking injunction may be issued by the court that includes any
66     of the following:
67          (i) respondent may be enjoined from committing stalking;
68          (ii) respondent may be restrained from coming near the residence, place of
69     employment, or school of the other party or specifically designated locations or persons;
70          (iii) respondent may be restrained from contacting, directly or indirectly, the other
71     party, including personal, written or telephone contact with the other party, the other party's
72     employers, employees, fellow workers or others with whom communication would be likely to
73     cause annoyance or alarm to the other party; or
74          (iv) any other relief necessary or convenient for the protection of the petitioner and
75     other specifically designated individuals under the circumstances.
76          (b) (i) If the petitioner and respondent have minor children, the court shall follow the
77     provisions of Section 78B-7-603 and take into consideration the respondent's custody and
78     parent-time rights while ensuring the safety of the victim and the minor children.
79          (ii) If the court issues a civil stalking injunction, but declines to address custody and
80     parent-time issues, a copy of the stalking injunction shall be filed in any action in which
81     custody and parent-time issues are being considered.
82          (4) (a) Within 10 days after the day on which the the ex parte civil stalking injunction
83     is served, the respondent is entitled to request, in writing, an evidentiary hearing on the civil
84     stalking injunction.
85          [(a)] (b) (i) [A] The court shall hold a hearing requested by the respondent [shall be
86     held] at the earliest possible time and within 10 days after the day on which the request is filed
87     with the court unless the court finds compelling reasons to continue the hearing. [The hearing
88     shall then be held at the earliest possible time. The]
89          (ii) At the hearing, the burden is on the petitioner to show by a preponderance of the
90     evidence that stalking of the petitioner by the respondent has occurred.
91          [(b)] (c) An ex parte civil stalking injunction issued under this section shall state on the
92     civil stalking injunction's face:
93          (i) that the respondent is entitled to a hearing, upon written request within 10 days after
94     the day on which the order is served;
95          (ii) the name and address of the court where the request may be filed;
96          (iii) that if the respondent fails to request a hearing within 10 days after the day on
97     which the ex parte civil stalking injunction is served, the ex parte civil stalking injunction is
98     automatically modified to a civil stalking injunction without further notice to the respondent
99     and the civil stalking injunction expires three years after the day on which the ex parte civil
100     stalking injunction is served; and
101          (iv) that if the respondent requests, in writing, a hearing after the ten-day period after
102     service, the court shall set a hearing within a reasonable time from the date requested.
103          (5) (a) At the hearing, the court may modify, revoke, or continue the injunction. [The]
104          (b) At the hearing, the burden is on the petitioner to show by a preponderance of the
105     evidence that stalking of the petitioner by the respondent has occurred.
106          (6) (a) The ex parte civil stalking injunction shall be served on the respondent within
107     90 days after the day on which the ex parte civil stalking injunction is signed.
108          (b) An ex parte civil stalking injunction is effective upon service.
109          (c) If [no] a hearing is not requested in writing by the respondent within 10 days after
110     the day on which the ex parte civil stalking injunction is served, the ex parte civil stalking
111     injunction automatically becomes a civil stalking injunction without further notice to the
112     respondent and expires three years after the day on which the ex parte civil stalking injunction
113     is served.
114          (7) (a) If the respondent requests a hearing after the 10-day period after service, the
115     court shall set a hearing within a reasonable time from the date requested.
116          (b) At the hearing, the burden is on the respondent to show good cause why the civil
117     stalking injunction should be dissolved or modified.
118          (8) (a) Within 24 hours after the affidavit or acceptance of service [has been] is
119     returned, excluding weekends and holidays, the clerk of the court from which the ex parte civil
120     stalking injunction was issued shall enter a copy of the ex parte civil stalking injunction and
121     proof of service or acceptance of service in the statewide network for warrants or a similar
122     system.
123          [(a)] (b) The effectiveness of an ex parte civil stalking injunction or civil stalking
124     injunction [may] does not depend upon entry of the ex parte civil stalking injunction or civil
125     stalking injunction in the statewide system and, for enforcement purposes, a certified copy of
126     an ex parte civil stalking injunction or civil stalking injunction is presumed to be a valid
127     existing order of the court for a period of three years after the day on which the ex parte civil
128     stalking injunction is served on the respondent.
129          [(b)] (c) (i) Any changes or modifications of the ex parte civil stalking injunction are
130     effective upon service on the respondent.
131          (ii) The original ex parte civil stalking injunction continues in effect until service of the
132     changed or modified civil stalking injunction on the respondent.
133          (9) Within 24 hours after the affidavit or acceptance of service is returned, excluding
134     weekends and holidays, the clerk of the court shall enter a copy of the changed or modified
135     civil stalking injunction and proof of service or acceptance of service in the statewide network
136     for warrants or a similar system.
137          (10) The ex parte civil stalking injunction or civil stalking injunction may be dissolved
138     at any time upon application of the petitioner to the court that granted the ex parte civil stalking
139     injunction or civil stalking injunction.
140          (11) An ex parte civil stalking injunction and a civil stalking injunction shall be served
141     by a sheriff or constable in accordance with this section.
142          (12) The remedies provided in this chapter for enforcement of the orders of the court
143     are in addition to any other civil and criminal remedies available.
144          (13) The court shall hear and decide all matters arising under this section.
145          [(13)] (14) After a hearing with notice to the affected party, the court may enter an
146     order requiring any party to pay the costs of the action, including reasonable attorney fees.
147          [(14)] (15) This section does not apply to preliminary injunctions issued under an
148     action for dissolution of marriage or legal separation.