Utah Code 78B-7-105.5. Forms for motions, criminal protective orders, and criminal stalking injunctions
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Terms Used In Utah Code 78B-7-105.5
- Court: means the district court or juvenile court. See Utah Code 78B-7-201
- Court clerk: means a district court clerk. See Utah Code 78B-7-102
- Criminal protective order: means an order issued under Part 8, Criminal Protective Orders. See Utah Code 78B-7-102
- Criminal stalking injunction: means a stalking injunction issued under Part 9, Criminal Stalking Injunctions. See Utah Code 78B-7-102
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Domestic violence: means the same as that term is defined in Section 77-36-1. See Utah Code 78B-7-102
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Intimate partner: means the same as that term is defined in Utah Code 78B-7-102
- Protective order: means :(5)(a) a child protective order; or(5)(b) an ex parte child protective order. See Utah Code 78B-7-201
- Stalking: means the same as that term is defined in Section Utah Code 78B-7-102
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(1)(a) The offices of the court clerk shall provide forms to an individual seeking any of the following under this chapter:(1)(a)(i) a criminal protective order; or(1)(a)(ii) a criminal stalking injunction.(1)(b) The Administrative Office of the Courts shall:(1)(b)(i) develop and adopt uniform forms for motions and protective orders and stalking injunctions described in Subsection (1)(a) in accordance with the provisions of this chapter; and(1)(b)(ii) provide the forms to the clerk of each court authorized to issue the protective orders and stalking injunctions described in Subsection (1)(a).
(2) The forms described in Subsection (1)(b) shall include:
(2)(a) language indicating the criminal penalty for a violation of a criminal protective order or criminal stalking injunction under this chapter;
(2)(b) language indicating that a criminal protective order that is a continuous protective order may be modified or dismissed under this chapter; and
(2)(c) a space to indicate whether the party to be protected is an intimate partner to the defendant or a child of an intimate partner to the defendant.
(3) A criminal protective order and criminal stalking injunction shall be issued in the form adopted by the Administrative Office of the Courts under Subsection (1)(b).
(4) Except for a jail release agreement and jail release court order, a criminal protective order that is issued shall, if applicable, include the following language:
“Respondent was afforded both notice and opportunity to be heard in the hearing that gave rise to this order. Pursuant to the Violence Against Women Act of 1994, P.L. 103-322, 108 Stat. 1796, 18 U.S.C. § 2265, this order is valid in all the United States, the District of Columbia, tribal lands, and United States territories. This order complies with the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act.”