Title 40, Title 40

(1) It is the policy of this state to ensure the safety and security of a victim of partner or family member assault, sexual assault, or stalking or a person eligible to petition for an order of protection under 40-15-102 by providing the victim or eligible person with certain, l…

As used in 40-15-115 through 40-15-121, the following definitions apply: (1) "Applicant" means a victim and includes a parent or guardian of a minor or a person described in 40-15-102(4) who acts on behalf of the victim. (2) "Department" means the department of justice. (3) "Part…

(1) A victim who is a resident of this state may apply to the department to have a substitute address designated by the department to serve as the official address of the applicant. (2) An application for the issuance of a substitute address must include: (a) proof that the victi…

(1) Upon approving an application, the department shall: (a) designate a substitute address for the participant; (b) receive mail addressed to the participant; (c) forward mail that the department receives on behalf of the participant to the participant. (2) The department may no…

(1) Except as provided in subsections (2) and (3), the department shall cancel the substitute address of a participant 4 years after the date on which the department approved the participant's application. (2) The department may not cancel the substitute address of a participant …

The department shall adopt rules to carry out the provisions of 40-15-115 through 40-15-121, including rules establishing: (1) a form on which a victim may apply to participate in the program described in 40-15-115(2); (2) a form on which an applicant may declare whether the appl…

The department shall issue the participant a substitute address card containing the participant's name, substitute address, and other information that the department determines appropriate. Any state or local government agency that needs or requires the participant's address shal…

(1) A petitioner may seek a temporary order of protection from a court listed in 40-15-301. The petitioner shall file a sworn petition that states that the petitioner is in reasonable apprehension of bodily injury or is a victim of one of the offenses listed in 40-15-102, has a r…

(1) A hearing must be conducted within 20 days from the date that the court issues a temporary order of protection. The hearing date may be continued at the request of either party for good cause or by the court. If the hearing date is continued, the temporary order of protection…

The attorney general shall prepare uniform sample instructions, petition forms, and order forms for temporary orders of protection and for orders of protection. The attorney general shall distribute samples of the instructions, petitions, and forms to the clerk of the district co…

(1) The court may, on the basis of the respondent's history of violence, the severity of the offense at issue, and the evidence presented at the hearing, determine that to avoid further injury or harm, the petitioner needs permanent protection. The court may order that the order …

(1) District courts, justices' courts, municipal courts, and city courts have concurrent jurisdiction to hear and issue orders under 40-15-201. (2) When a dissolution of marriage or parenting action involving the parties is pending in district court, a person may file a petition …

(1) An order issued by a justice's court, municipal court, or city court pursuant to 40-15-201 is immediately reviewable by the district judge upon the filing of a notice of appeal. The district judge may affirm, dissolve, or modify an order of a justice's court, municipal court,…

(1) The clerk of court, justice of the peace, municipal court judge, or city court judge shall, within 24 hours of receiving proof of service of an order under 40-15-201, 40-15-204, or 40-15-301, mail a copy of the order or any extension, modification, or termination of the order…

This part may be cited as the "Uniform Interstate Enforcement of Domestic Violence Protection Orders Act".

As used in this part, the following definitions apply: (1) "Foreign protection order" means a protection order issued by a court of another state. (2) "Issuing state" means the state whose court issues a protection order. (3) "Mutual foreign protection order" means a foreign prot…

(1) A person authorized by the law of this state to seek enforcement of a protection order may seek enforcement of a valid foreign protection order in a court of this state. The court shall enforce the terms of the order, including terms that provide relief that a court of this s…

(1) A law enforcement officer of this state, upon determining that there is probable cause to believe that a valid foreign protection order exists and that the order has been violated, shall enforce the order as if it were the order of a court of this state. Presentation of a pro…

(1) Any individual may register a foreign protection order in this state. To register a foreign protection order, an individual shall: (a) present a certified copy of the order to the department of justice; or (b) present a certified copy of the order to a clerk of any court or t…

This state or a local governmental agency or a law enforcement officer, prosecuting attorney, clerk of court, or any state or local governmental official acting in an official capacity is immune from civil liability for an act or omission arising out of the registration or enforc…

A protected individual who pursues remedies under this part is not precluded from pursuing other legal or equitable remedies against the respondent.

In applying and construing this part, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.