Utah Code 78B-7-203. Hearings
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Terms Used In Utah Code 78B-7-203
- 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
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: includes a person who:(14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or(14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5
- 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 :
(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
- Subpoena: A command to a witness to appear and give testimony.
(1)(a) If an ex parte child protective order is granted, the court shall schedule a hearing to be held within 21 days after the day on which the court makes the ex parte determination.(1)(b) If an ex parte child protective order is denied, the court, upon the request of the petitioner made within five days after the day on which the court makes the ex parte determination, shall schedule a hearing to be held within 21 days after the day on which the petitioner makes the request.(2)(2)(a) The petition, ex parte child protective order, and notice of hearing shall be served on the respondent, the child’s parent or guardian, and, if appointed, the guardian ad litem.(2)(b) The notice of hearing described in Subsection (2)(a) shall contain:(2)(b)(i) the name and address of the individual to whom the notice is directed;(2)(b)(ii) the date, time, and place of the hearing;(2)(b)(iii) the name of the child on whose behalf a petition is being brought; and(2)(b)(iv) a statement that an individual is entitled to have an attorney present at the hearing.(3) The court shall provide an opportunity for any person having relevant knowledge to present evidence or information and may hear statements by counsel.(4) An agent of the division served with a subpoena in compliance with the Utah Rules of Civil Procedure shall testify in accordance with the Utah Rules of Evidence.(5) The court shall issue a child protective order if the court determines, based on a preponderance of the evidence, that:(5)(a) for a petition for a child protective order filed under Subsection 78B-7-202(1)(a)(i), the child is being abused or is in imminent danger of being abused; or(5)(b) for a petition for a protective order filed under Subsection 78B-7-202(1)(a)(ii), the child has been abused and the child protective order is necessary to protect the child.(6) Except as provided in Section 80-3-404, a child protective order is not an adjudication of abuse, neglect, or dependency under Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings. - Person: means :