Title 78B, Title 78B: Judicial Code

78B-7-307. Other remedies. A protected individual who pursues remedies under this part is not precluded from pursuing other legal or equitable remedies against the respondent.

78B-7-308. Uniformity of application and construction. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

78B-7-309. Severability clause. If any provision of this part or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this part which can be given effect without the invalid provision or application, and…

78B-7-310. Transitional provision. This part applies to protection orders issued before July 1, 2006 and to continuing actions for enforcement of foreign protection orders commenced before July 1, 2006. A request for enforcement of a foreign protection order made on or after July…

78B-7-402. Definitions. As used in this part: (1) "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. (2) "Ex parte dating violence protective order" means an orde…

78B-7-403. Abuse or danger of abuse -- Dating violence protective orders. (1) An individual may seek a protective order if the individual is subjected to, or there is a substantial likelihood the individual will be subjected to: abuse by a dating partner of the individual; or dat…

78B-7-404. Dating violence protective orders -- Ex parte dating violence protective orders -- Modification of orders -- Service of process -- Duties of the court. (1) If it appears from a petition for a protective order or a petition to modify an existing protective order that a …

78B-7-405. Hearings -- Expiration -- Extension. (1) The court shall set a date for a hearing on the petition for a dating violence protective order to be held within 21 days after the day on which the court issues an ex parte dating violence protective order. If, at the hearing d…

78B-7-407. Penalties. A violation of a protective order issued under this part is a class A misdemeanor.

78B-7-408. Duties of law enforcement officers -- Notice to victims. (1) A law enforcement officer who responds to an allegation of dating violence shall use all reasonable means to protect the victim and prevent further violence, including: taking action that, in the officer's di…

78B-7-409. Mutual dating violence protective orders. (1) A court may not grant a mutual order or mutual dating violence protective orders to opposing parties, unless each party: files an independent petition against the other for a dating violence protective order, and both petit…

78B-7-502. Definitions. As used in this part: (1) "Ex parte sexual violence protective order" means an order issued without notice to the respondent under this part. (2) "Protective order" means: a sexual violence protective order; or an ex parte sexual violence protective order.…

78B-7-502. Definitions. As used in this part: (1) "Ex parte sexual violence protective order" means an order issued without notice to the respondent under this part. (2) "Protective order" means: a sexual violence protective order; or an ex parte sexual violence protective order.…

78B-7-503. Sexual violence -- Sexual violence protective orders. (1) An individual may seek a protective order under this part if the individual has been subjected to sexual violence and is neither a cohabitant nor a dating partner of the respondent. An individual may not seek a …

78B-7-504. Sexual violence protective orders -- Ex parte protective orders -- Modification of orders. (1) If it appears from a petition for a protective order or a petition to modify an existing protective order that sexual violence has occurred, the district court may: without n…

78B-7-505. Hearings -- Expiration -- Extension. (1) The court shall set a date for a hearing on the petition for a sexual violence protective order to be held within 21 days after the day on which the court issues an ex parte protective order. If, at the hearing described in Subs…

78B-7-506. Service of process. (1) The county sheriff that receives an order from the court under Subsectionorshall: 78B-7-504(6) 78B-7-505(3) provide expedited service for the sexual violence protective order; and after the sexual violence protective order is served, transmit ve…

78B-7-508. Penalties. (1) A violation of a protective order issued under this part is a class A misdemeanor. (2) A petitioner may be subject to criminal prosecution under, for knowingly falsifying any statement or information provided for the purpose of obtaining a protective ord…

78B-7-509. Duties of law enforcement officers -- Notice to victims. (1) A law enforcement officer who responds to an allegation of sexual violence shall use all reasonable means to protect the victim and prevent further sexual violence, including: taking action that, in the offic…

78B-7-601. Definitions. As used in this part: (1) "Cohabitant abuse protective order" means an order issued by a court under this part after a hearing on the petition for which the petitioner and respondent have been given notice. (2) "Ex parte cohabitant abuse protective order" …

78B-7-602. Abuse or danger of abuse -- Cohabitant abuse protective orders. (1) Any cohabitant who has been subjected to abuse or domestic violence, or to whom there is a substantial likelihood of abuse or domestic violence, may seek a protective order in accordance with this part…

78B-7-603. Cohabitant abuse protective orders -- Ex parte cohabitant abuse protective orders -- Modification of orders -- Service of process -- Duties of the court. (1) If it appears from a petition for a protective order or a petition to modify a protective order that domestic v…

78B-7-604. Hearings. (1) 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. If, at the hearing described in Subsection, t…

78B-7-605. Dismissal. (1) Except as otherwise provided in Subsectionconcerning the criminal provisions of a cohabitant abuse protective order, the court may amend or dismiss a protective order issued in accordance with this part that has been in effect for at least one year if th…

78B-7-606. Expiration -- Extension. (1) Except as provided in Subsectionand subject to the other provisions of this section, a cohabitant abuse protective order automatically expires three years after the day on which the cohabitant abuse protective order is entered. (1)(b) The c…

78B-7-607. Penalties. (1) A violation of a criminal provision of a protective order issued under this part is a class A misdemeanor. (2) A violation of a civil provision of a protective order issued under this part is contempt of court.

78B-7-608. No denial of relief solely because of lapse of time. The court may not deny a petitioner relief requested under this part solely because of a lapse of time between an act of domestic violence or abuse and the filing of the petition for a protective order.

78B-7-609. Prohibition of court-ordered or court-referred mediation. In any case brought under the provisions of this part, the court may not order the parties into mediation for resolution of the issues in a petition for a protective order.

78B-7-610. Falsification of information. (1) If a petitioner files a petition with a court for a protective order, the respondent may file a motion with the court alleging that the petitioner knowingly falsified a material statement or material information for the purpose of obta…

78B-7-701. Ex parte civil stalking injunction -- Civil stalking injunction. (1) Except as provided in Subsection, an individual who believes that the individual is the victim of stalking may bring a verified written petition for a civil stalking injunction against the alleged sta…

78B-7-702. Mutual civil stalking injunctions. (1) A court may not grant a mutual order or mutual civil stalking injunction to opposing parties, unless each party: files an independent petition against the other for a civil stalking injunction, and both petitions are served; makes…

78B-7-703. Violation. (1) A violation of an ex parte civil stalking injunction or of a civil stalking injunction issued under this part constitutes the criminal offense of stalking under Sectionand is also a violation of the civil stalking injunction. 76-5-106.5 (2) A violation o…

78B-7-801. Definitions for part. As used in this part: (1) "Jail release agreement" means a written agreement that is entered into by an individual who is arrested or issued a citation, regardless of whether the individual is booked into jail: under which the arrested or cited in…

78B-7-801. Definitions for part. As used in this part: (1) "Jail release agreement" means a written agreement that is entered into by an individual who is arrested or issued a citation, regardless of whether the individual is booked into jail: under which the arrested or cited in…

78B-7-802. Conditions for release after arrest for domestic violence and other offenses -- Jail release agreements -- Jail release court orders. (1) Upon arrest or issuance of a citation for a qualifying offense and before the individual is released under Sectionor, the individua…

78B-7-803. Pretrial protective orders. (1) When an alleged perpetrator is charged with a crime involving a qualifying offense, the court shall, at the time of the alleged perpetrator's court appearance under Section: 77-36-2.6 determine the necessity of imposing a pretrial protec…

78B-7-804. Sentencing and continuous protective orders for a domestic violence offense -- Modification -- Expiration. (1) Before a perpetrator who has been convicted of or adjudicated for a domestic violence offense may be placed on probation, the court shall consider the safety …

78B-7-805. Sentencing protective orders and continuous protective orders for an offense that is not domestic violence -- Modification -- Expiration. (1) Before a perpetrator has been convicted of or adjudicated for an offense that is not domestic violence is placed on probation, …

78B-7-806. Penalties. (1) A violation of Subsectionis a class B misdemeanor. 78B-7-802(1) An individual who knowingly violates a jail release court order or jail release agreement executed under Subsectionis guilty of: 78B-7-802(2) a third degree felony, if the original arrest wa…

78B-7-807. Notice to victims. (1) The court shall provide the victim with a certified copy of any pretrial protective order that has been issued if the victim can be located with reasonable effort. If the court is unable to locate the victim, the court shall provide the victim's …

78B-7-901. Definitions. As used in this part: (1) "Conviction" means: a verdict or conviction; a plea of guilty or guilty with a mental condition; a plea of no contest; or the acceptance by the court of a plea in abeyance. (2) "Immediate family" means the same as that term is def…

78B-7-902. Permanent criminal stalking injunction -- Modification. (1) The following serve as an application for a permanent criminal stalking injunction limiting the contact between the defendant and the victim: a conviction for: stalking; or attempt to commit stalking; or a ple…

78B-7-903. Penalties. (1) A violation of a permanent criminal stalking injunction issued under this part is a third degree felony in accordance with Subsection. 76-5-106.5(3)(b) (2) A violation of a permanent criminal stalking injunction issued under this part may be enforced in …

78B-7-904. Notice to victims. (1) The court shall send notice of permanent criminal stalking injunctions issued under this part to the statewide warrants network or similar system, including the statewide domestic violence network described in Section. 78B-7-113 (2) A permanent c…