Utah Code 78B-7-108. Mutual protective orders
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(1) A court may not grant a mutual order or mutual civil protective orders to opposing parties, unless each party:
Terms Used In Utah Code 78B-7-108
- 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
- Civil protective order: means an order issued, subsequent to a hearing on the petition, of which the petitioner and respondent have been given notice, under:(3)(a) Part 2, Child Protective Orders;(3)(d) Part 6, Cohabitant Abuse Protective Orders; or(3)(e) Part 11, Workplace Violence Protective Orders. 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
- 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
- Ex parte child protective order: means an order issued without notice to the respondent under this part. See Utah Code 78B-7-201
- Process: means a writ or summons issued in the course of a judicial proceeding. 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) files an independent petition against the other for a civil protective order, and both petitions are served;(1)(b) makes a showing at a due process civil protective order hearing of abuse or domestic violence committed by the other party; and(1)(c) demonstrates the abuse or domestic violence did not occur in self-defense.(2) If the court issues mutual civil protective orders, the court shall include specific findings of all elements of Subsection (1) in the court order justifying the entry of the court order.(3)(3)(a) Except as provided in Subsection (3)(b), a court may not grant a civil protective order to a petitioner who is the respondent or defendant subject to a protective order, child protective order, or ex parte child protective order:(3)(a)(i) issued under:(3)(a)(i)(A) Title 77, Chapter 36, Cohabitant Abuse Procedures Act;(3)(a)(i)(B) Title 80, Utah Juvenile Code;(3)(a)(i)(C) Part 6, Cohabitant Abuse Protective Orders; or(3)(a)(i)(D) Part 8, Criminal Protective Orders; or(3)(a)(ii) enforceable under Part 3, Uniform Interstate Enforcement of Domestic Violence Protection Orders Act.(3)(b) The court may grant a civil protective order to a petitioner described in Subsection (3)(a) if:(3)(b)(i) the court determines that the requirements of Subsection (1) are met; and(3)(b)(ii)(3)(b)(ii)(A) the same court that issued the protective order, child protective order, or ex parte child protective order issues the civil protective order against the respondent; or(3)(b)(ii)(B) if the matter is before a subsequent court, the subsequent court determines it would be impractical for the original court to consider the matter or confers with the court that issued the protective order, child protective order, or ex parte child protective order. - Cohabitant: means an emancipated individual under Section 15-2-1 or an individual who is 16 years old or older who: