Utah Code 78B-7-605. Dismissal
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(1) Except as otherwise provided in Subsection 78B-7-603 (10) concerning the criminal provisions of a cohabitant abuse protective order, the court may amend or dismiss a protective order issued in accordance with this part that has been in effect for at least one year if the court finds that:
Terms Used In Utah Code 78B-7-605
- 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
- Cohabitant: means an emancipated individual under Section 15-2-1 or an individual who is 16 years old or older who:(5)(a)(i) is or was a spouse of the other party;(5)(a)(ii) is or was living as if a spouse of the other party;(5)(a)(iii) is related by blood or marriage to the other party as the individual's parent, grandparent, sibling, or any other individual related to the individual by consanguinity or affinity to the second degree;(5)(a)(iv) has or had one or more children in common with the other party;(5)(a)(v) is the biological parent of the other party's unborn child;(5)(a)(vi) resides or has resided in the same residence as the other party; or(5)(a)(vii) is or was in a consensual sexual relationship with the other party. See Utah Code 78B-7-102
- Court: means the district court or juvenile court. See Utah Code 78B-7-201
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Domestic violence: means the same as that term is defined in Section 77-36-1. See Utah Code 78B-7-102
- 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.
- Protective order: means :
(3)(a) a cohabitant abuse protective order; or(3)(b) an ex parte cohabitant abuse protective order. See Utah Code 78B-7-601- Respondent: means the individual against whom enforcement of a protective order is sought. See Utah Code 78B-7-102
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Writing: includes :
(48)(a) printing;(48)(b) handwriting; and(48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5(1)(a) the basis for the issuance of the protective order no longer exists;(1)(b) the petitioner has repeatedly acted in contravention of the protective order provisions to intentionally or knowingly induce the respondent to violate the protective order; and(1)(c) the petitioner’s actions demonstrate that the petitioner no longer has a reasonable fear of the respondent.(2) The court shall enter sanctions against either party if the court determines that either party acted:(2)(a) in bad faith; or(2)(b) with intent to harass or intimidate the other party.(3) If a divorce proceeding is pending between parties to a protective order action, the court shall dismiss the protective order when the court issues a decree of divorce for the parties if:(3)(a) the respondent files a motion to dismiss a protective order in both the divorce action and the protective order action and personally serves the petitioner; and(3)(b)(3)(b)(i) the parties stipulate in writing or on the record to dismiss the protective order; or(3)(b)(ii) based on evidence at the divorce trial, the court determines that the petitioner no longer has a reasonable fear of future harm, abuse, or domestic violence.(4) When the court dismisses a protective order, the court shall immediately:(4)(a) issue an order of dismissal to be filed in the protective order action; and(4)(b) transmit a copy of the order of dismissal to the statewide domestic violence network as described in Section78B-7-113 .