Utah Code 78B-7-409. Mutual dating violence protective orders
Current as of: 2024 | Check for updates
|
Other versions
(1) A court may not grant a mutual order or mutual dating violence protective orders to opposing parties, unless each party:
Terms Used In Utah Code 78B-7-409
- 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
- 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
- Dating violence 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-7-402
- 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 civil protective order: means an order issued without notice to the respondent under:
(13)(a) Part 2, Child Protective Orders;(13)(d) Part 6, Cohabitant Abuse Protective Orders; or(13)(e) Part 11, Workplace Violence Protective Orders. See Utah Code 78B-7-102- Foreign protection order: means the same as that term is defined in Section 78B-7-302. See Utah Code 78B-7-102
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Protective order: means :
(3)(a) a dating violence protective order; or(3)(b) an ex parte dating violence protective order. See Utah Code 78B-7-402- 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 dating violence protective order, and both petitions are served;(1)(b) makes a showing at a due process dating violence protective order hearing of abuse or dating violence committed by the other party; and(1)(c) demonstrates the abuse or dating violence did not occur in self-defense.(2) If the court issues mutual dating violence 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 protective order to a civil petitioner who is the respondent or defendant subject to:(3)(a)(i) a civil protective order that is issued under:(3)(a)(i)(A) this part;(3)(a)(i)(B) Part 2, Child Protective Orders;(3)(a)(i)(C) Part 6, Cohabitant Abuse Protective Orders;(3)(a)(i)(D) Part 8, Criminal Protective Orders; or(3)(a)(i)(E) Title 80, Utah Juvenile Code;(3)(a)(ii) an ex parte civil protective order issued under Part 2, Child Protective Orders; or(3)(a)(iii) a foreign protection order enforceable under Part 3, Uniform Interstate Enforcement of Domestic Violence Protection Orders Act.(3)(b) The court may issue a protective order to a civil 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 issued the protective order against the respondent; or(3)(b)(ii)(B) 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 described in Subsection (3)(a)(i) or (ii). - Cohabitant: means an emancipated individual under Section 15-2-1 or an individual who is 16 years old or older who: