(1) In any proceeding regarding a parenting plan, the court shall consider evidence of domestic violence in accordance with Section 81-9-104, if presented.
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Terms Used In Utah Code 30-3-10.10

  • Domestic violence: means the same as that term is defined in Section 77-36-1. See Utah Code 30-3-10.1
  • 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.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Person: means :
         (24)(a) an individual;
         (24)(b) an association;
         (24)(c) an institution;
         (24)(d) a corporation;
         (24)(e) a company;
         (24)(f) a trust;
         (24)(g) a limited liability company;
         (24)(h) a partnership;
         (24)(i) a political subdivision;
         (24)(j) a government office, department, division, bureau, or other body of government; and
         (24)(k) any other organization or entity. See Utah Code 68-3-12.5
  • Protective order: means :
         (6)(a) a civil protective order, as that term is defined in Section 78B-7-102;
         (6)(b) an ex parte civil protective order, as that term is defined in Section 78B-7-102; or
         (6)(c) a foreign protection order, as that term is defined in Section 78B-7-302. See Utah Code 30-3-10.1
(2) If there is a protective order, civil stalking injunction, or the court finds that a parent has committed domestic violence, the court shall consider the impact of domestic violence in awarding parent-time, and make specific findings regarding the award of parent-time.
(3) If the court orders parent-time and a protective order or civil stalking injunction is still in place, it shall consider whether to order the parents to conduct parent-time pick-up and transfer through a third party. The parent who is the stated victim in the order or injunction may submit to the court, and the court shall consider, the name of a person considered suitable to act as the third party.
(4) If the court orders the parents to conduct parent-time through a third party, the parenting plan shall specify the time, day, place, manner, and the third party to be used to implement the exchange.

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