Utah Code 78B-7-604. Hearings
Current as of: 2024 | Check for updates
|
Other versions
(1)
Terms Used In Utah Code 78B-7-604
- 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
- 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
- Cohabitant abuse 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-7-601
- Court: means the district court or juvenile court. See Utah Code 78B-7-201
- Ex parte cohabitant abuse protective order: means an order issued without notice to the respondent under this part. See Utah Code 78B-7-601
- Protective order: means :
(3)(a) a cohabitant abuse protective order; or(3)(b) an ex parte cohabitant abuse protective order. See Utah Code 78B-7-601- Respondent: means the individual against whom enforcement of a protective order is sought. See Utah Code 78B-7-102
- Service of process: The service of writs or summonses to the appropriate party.
(1)(a) The court shall set a date for a hearing on the petition for a cohabitant abuse protective order to be held within 21 days after the day on which the court issues an ex parte cohabitant abuse protective order.(1)(b) If, at the hearing described in Subsection (1)(a), the court does not issue a protective order, the ex parte cohabitant abuse protective order expires, unless extended by the court.(1)(c)(1)(c)(i) The court may extend the 21-day period described in Subsection (1)(a) only if:(1)(c)(i)(A) the petitioner is unable to be present at the hearing;(1)(c)(i)(B) the respondent has not been served;(1)(c)(i)(C) the respondent has had the opportunity to present a defense at the hearing;(1)(c)(i)(D) the respondent requests that the ex parte cohabitant abuse protective order be extended; or(1)(c)(i)(E) exigent circumstances exist.(1)(c)(ii) Under no circumstances may an ex parte cohabitant abuse protective order be extended beyond 180 days from the day on which the court issues the initial ex parte cohabitant abuse protective order.(1)(d) If, at that hearing described in Subsection (1)(a), the court issues a cohabitant abuse protective order, the ex parte cohabitant abuse protective order remains in effect until service of process of the protective order is completed.(1)(e) A cohabitant abuse protective order issued after notice and a hearing is effective until further order of the court.(1)(f) If the hearing described in Subsection (1)(a) is held by a commissioner, the petitioner or respondent may file an objection within 14 days after the day on which the commissioner recommends the order, and, if the petitioner or respondent requests a hearing be held, the assigned judge shall hold a hearing within 21 days after the day on which the objection is filed.(2) Upon a hearing under this section, the court may grant any of the relief described in Section 78B-7-603.(3) If the court denies a petition for an ex parte cohabitant abuse protective order or a petition to modify a protective order ex parte, the court shall, upon the request of the petitioner made within five days after the day on which the court denies the petition:(3)(a) set the matter for hearing to be held within 21 days after the day on which the petitioner makes the request; and(3)(b) notify and serve the respondent.(4)(4)(a) A respondent who has been served with an ex parte cohabitant abuse protective order may seek to vacate the ex parte cohabitant abuse protective order described in Subsection (1)(a) by filing a verified motion to vacate before the day on which the hearing is set.(4)(b) The respondent’s verified motion to vacate described in Subsection (4)(a) and a notice of hearing on the motion shall be personally served on the petitioner at least two days before the day on which the hearing on the motion to vacate is set.