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7 LONG TITLE
8 General Description:
9 This bill addresses cohabitant abuse protective orders.
10 Highlighted Provisions:
11 This bill:
12 ▸ clarifies when a court may amend or dismiss the criminal provisions of a cohabitant
13 abuse protective order.
14 Money Appropriated in this Bill:
15 None
16 Other Special Clauses:
17 None
18 Utah Code Sections Affected:
19 AMENDS:
20 78B-7-605, as last amended by Laws of Utah 2021, Chapter 159
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22 Be it enacted by the Legislature of the state of Utah:
23 Section 1. Section 78B-7-605 is amended to read:
24 78B-7-605. Dismissal.
25 (1) [
26 criminal provisions of a cohabitant abuse protective order, the court may amend or dismiss a
27 protective order issued in accordance with this part that has been in effect for at least one year
28 if the court finds that:
29 (a) the basis for the issuance of the protective order no longer exists;
30 (b) the petitioner has repeatedly acted in contravention of the protective order
31 provisions to intentionally or knowingly induce the respondent to violate the protective order;
32 and
33 (c) the petitioner's actions demonstrate that the petitioner no longer has a reasonable
34 fear of the respondent.
35 (2) The court shall enter sanctions against either party if the court determines that
36 either party acted:
37 (a) in bad faith; or
38 (b) with intent to harass or intimidate the other party.
39 (3) If a divorce proceeding is pending between parties to a protective order action, the
40 court shall dismiss the protective order when the court issues a decree of divorce for the parties
41 if:
42 (a) the respondent files a motion to dismiss a protective order in both the divorce
43 action and the protective order action and personally serves the petitioner; and
44 (b) (i) the parties stipulate in writing or on the record to dismiss the protective order; or
45 (ii) based on evidence at the divorce trial, the court determines that the petitioner no
46 longer has a reasonable fear of future harm, abuse, or domestic violence.
47 (4) When the court dismisses a protective order, the court shall immediately:
48 (a) issue an order of dismissal to be filed in the protective order action; and
49 (b) transmit a copy of the order of dismissal to the statewide domestic violence
50 network as described in Section 78B-7-113.
51 Section 2. Effective date.
52 This bill takes effect on May 1, 2024.