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• 2024 General Session
• S.B. 228

S.B. 228 Protective Order Amendments

• Bill Text
• Status
• Hearings/Debate

Bill Sponsor: Sen. Weiler, Todd D.

Floor Sponsor: Rep. Ivory, Ken

• Drafting Attorney: Alan Houston
• Fiscal Analyst: Gary R. Syphus

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• Bill Text
  • Introduced
  • Enrolled

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• Related Documents
  • Fiscal Note
  • House Transmittal Letter 1
  • Senate Transmittal Letter 1

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• Information
  • Last Action: 13 Mar 2024, Governor Signed
  • Last Location: Lieutenant Governor's office for filing

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• Similar Bills
  • Health and Human Services
  • Protective Orders/Stalking Injuctions

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Enrolled

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S.B. 228

3 78B-7-605

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PROTECTIVE ORDER AMENDMENTS 2024 GENERAL SESSION STATE OF UTAH Chief Sponsor: Todd D. Weiler House Sponsor: Ken Ivory

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LONG TITLE

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General Description:

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This bill addresses cohabitant abuse protective orders.

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Highlighted Provisions:

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This bill:

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▸clarifies when a court may amend or dismiss the criminal provisions of a cohabitant

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abuse protective order.

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Money Appropriated in this Bill:

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None

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Other Special Clauses:

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None

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Utah Code Sections Affected:

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AMENDS:

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78B-7-605, as last amended by Laws of Utah 2021, Chapter 159

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Be it enacted by the Legislature of the state of Utah:

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Section 1, Section 78B-7-605 is amended to read:

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78B-7-605. Dismissal.

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(1) The Except as otherwise provided in Subsection 78B-7-603(10) concerning the

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criminal provisions of a cohabitant abuse protective order, the court may amend or

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dismiss a protective order issued in accordance with this part that has been in effect for

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at least one year if the court finds that:

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(a)the basis for the issuance of the protective order no longer exists;

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(b)the petitioner has repeatedly acted in contravention of the protective order provisions

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to intentionally or knowingly induce the respondent to violate the protective order;

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and

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(c)the petitioner's actions demonstrate that the petitioner no longer has a reasonable fear

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of the respondent.

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(2)The court shall enter sanctions against either party if the court determines that either

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party acted:

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(a)in bad faith; or

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(b)with intent to harass or intimidate the other party.

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(3)If a divorce proceeding is pending between parties to a protective order action, the court

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shall dismiss the protective order when the court issues a decree of divorce for the

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parties if:

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(a)the respondent files a motion to dismiss a protective order in both the divorce action

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and the protective order action and personally serves the petitioner; and

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(b) (i)the parties stipulate in writing or on the record to dismiss the protective order;

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or

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(ii)based on evidence at the divorce trial, the court determines that the petitioner no

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longer has a reasonable fear of future harm, abuse, or domestic violence.

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(4)When the court dismisses a protective order, the court shall immediately:

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(a)issue an order of dismissal to be filed in the protective order action; and

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(b)transmit a copy of the order of dismissal to the statewide domestic violence network

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as described in Section 78B-7-113.

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Section 2. Effective date. This bill takes effect on May 1, 2024.