Utah Code 78B-7-204 v2. Content of orders — Modification of orders — Penalties
Current as of: 2024 | Check for updates
|
Other versions
(1) A child protective order or an ex parte child protective order may contain the following provisions the violation of which is a class A misdemeanor under Section 76-5-108 :
For details, see Utah Code § 76-3-204
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class A misdemeanor | up to 364 days | up to $2,500 |
Terms Used In Utah Code 78B-7-204 v2
- Abuse: means , except as provided in Section 78B-7-201, intentionally or knowingly causing or attempting to cause another individual physical harm or intentionally or knowingly placing another individual in reasonable fear of imminent physical harm. See Utah Code 78B-7-102
- Child protective order: means an order issued under this part after a hearing on the petition, of which the petitioner and respondent have been given notice. See Utah Code 78B-7-201
- Court: means the district court or juvenile court. See Utah Code 78B-7-201
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Ex parte child protective order: means an order issued without notice to the respondent under this part. See Utah Code 78B-7-201
- Personal property: All property that is not real property.
- Personal property: includes :(25)(a) money;(25)(b) goods;(25)(c) chattels;(25)(d) effects;(25)(e) evidences of a right in action;(25)(f) a written instrument by which a pecuniary obligation, right, or title to property is created, acknowledged, transferred, increased, defeated, discharged, or diminished; and(25)(g) a right or interest in an item described in Subsections (25)(a) through (f). See Utah Code 68-3-12.5
- Protective order: means :
(5)(a) a child protective order; or(5)(b) an ex parte child protective order. See Utah Code 78B-7-201- Respondent: means the individual against whom enforcement of a protective order is sought. See Utah Code 78B-7-102
(1)(a) enjoin the respondent from threatening to commit or committing abuse of the child;(1)(b) prohibit the respondent from harassing, telephoning, contacting, or otherwise communicating with the child, directly or indirectly;(1)(c) prohibit the respondent from entering or remaining upon the residence, school, or place of employment of the child and the premises of any of these or any specified place frequented by the child;(1)(d) upon finding that the respondent’s use or possession of a weapon may pose a serious threat of harm to the child, prohibit the respondent from purchasing, using, or possessing a firearm or other specified weapon; and(1)(e) determine ownership and possession of personal property and direct the appropriate law enforcement officer to attend and supervise the petitioner’s or respondent’s removal of personal property.(2) A child protective order or an ex parte child protective order may contain the following provisions the violation of which is contempt of court:(2)(a) determine temporary custody of the child who is the subject of the petition;(2)(b) determine parent-time with the child who is the subject of the petition, including denial of parent-time if necessary to protect the safety of the child, and require supervision of parent-time by a third party;(2)(c) determine child support in accordance with Title 81, Chapter 6, Child Support; and(2)(d) order any further relief the court considers necessary to provide for the safety and welfare of the child.(3)(3)(a) If the child who is the subject of the child protective order attends the same school or place of worship as the respondent, or is employed at the same place of employment as the respondent, the court:(3)(a)(i) may not enter an order under Subsection (1)(c) that excludes the respondent from the respondent’s school, place of worship, or place of employment; and(3)(a)(ii) may enter an order governing the respondent’s conduct at the respondent’s school, place of worship, or place of employment.(3)(b) A violation of an order under Subsection (3)(a) is contempt of court.(4)(4)(a) A respondent may petition the court to modify or vacate a child protective order after notice and a hearing.(4)(b) At the hearing described in Subsection (4)(a):(4)(b)(i) the respondent shall have the burden of proving by clear and convincing evidence that modification or vacation of the child protective order is in the best interest of the child; and(4)(b)(ii) the court shall consider:(4)(b)(ii)(A) the nature and duration of the abuse;(4)(b)(ii)(B) the pain and trauma inflicted on the child as a result of the abuse;(4)(b)(ii)(C) if the respondent is a parent of the child, any reunification services provided in accordance with Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings; and(4)(b)(ii)(D) any other evidence the court finds relevant to the determination of the child’s best interests, including recommendations by the other parent or a guardian of the child, or a mental health professional.(4)(c) The child is not required to attend the hearing described in Subsection (4)(a). - Protective order: means :