Title 78B, Title 78B: Judicial Code

78B-7-1004. Distribution and effect of order of expungement -- Penalty. (1) An individual who receives an order of expungement under Sectionshall be responsible for delivering a copy of the order of expungement to any affected agency. 78B-7-1003 (2) If an agency receives an expun…

78B-7-102. Definitions for chapter. As used in this chapter: (1) "Abuse" means, except as provided in Section, intentionally or knowingly causing or attempting to cause another individual physical harm or intentionally or knowingly placing another individual in reasonable fear of…

78B-7-102. Definitions for chapter. As used in this chapter: (1) "Abuse" means, except as provided in Section, intentionally or knowingly causing or attempting to cause another individual physical harm or intentionally or knowingly placing another individual in reasonable fear of…

78B-7-104. Venue of action for ex parte civil protective orders and civil protective orders. (1) Except as provided in, the district court has jurisdiction of any action for an ex parte civil protective order or civil protective order brought under this chapter. Part 2, Child Pro…

78B-7-105. Forms for petitions, civil protective orders, and civil stalking injunctions -- Assistance -- Fees. (1) The offices of the court clerk shall provide forms to an individual seeking any of the following under this chapter: an ex parte civil protective order; a civil prot…

78B-7-105.5. Forms for motions, criminal protective orders, and criminal stalking injunctions. (1) The offices of the court clerk shall provide forms to an individual seeking any of the following under this chapter: a criminal protective order; or a criminal stalking injunction. …

78B-7-108. Mutual protective orders. (1) A court may not grant a mutual order or mutual civil protective orders to opposing parties, unless each party: files an independent petition against the other for a civil protective order, and both petitions are served; makes a showing at …

78B-7-109. Continuing duty to inform court of other proceedings -- Effect of other proceedings. (1) Each party has a continuing duty to inform the court of each proceeding for a civil protective order or a criminal protective order, any civil litigation, each proceeding in juveni…

78B-7-1101. Definitions for part. As used in this part: (1) "Employee" means: an individual who is employed by an employer for compensation; or a volunteer. (2) "Employer" means: a person that employs an individual in this state; or a nonprofit organization for which volunteers d…

78B-7-1102. Petition for a workplace violence protective order -- Notice to known targets of workplace violence. (1) An employer may seek, or authorize an agent to seek, a protective order in accordance with this part, if the employer reasonably believes workplace violence has oc…

78B-7-1103. Workplace violence protective orders -- Ex parte workplace violence protective orders -- Modification of orders -- Evidence in another lawsuit. (1) If it appears from a petition for a protective order or a petition to modify an existing protective order that workplace…

78B-7-1104. Hearings -- Expiration. (1) A court shall set a date for a hearing on the petition to be held within 21 days after the day on which the court issues an ex parte workplace violence protective order. If, at the hearing described in Subsection, the court does not issue a…

78B-7-1105. Extension. (1) A workplace violence protective order expires automatically, unless the petitioner: files a motion before the day on which the workplace violence protective order expires; and demonstrates that: there is a substantial likelihood that workplace violence …

78B-7-1106. Service of process. (1) The county sheriff that receives an order from a court under Subsectionor, shall: 78B-7-1103(3) 78B-7-1105(3) provide expedited service for the protective order; and after the protective order is served, transmit verification of service of proc…

78B-7-1107. Penalties. A violation of a protective order issued under this part is a class A misdemeanor.

78B-7-1108. Employer liability. (1) An employer is immune from civil liability for: seeking a workplace violence protective order, if the employer acts in good faith in seeking the order; or failing to seek a workplace violence protective order. (2) An employer's action or statem…

78B-7-1109. Limitations of part. This part does not: (1) modify the duty of an employer to provide a safe workplace for the employees of the employer; (2) prohibit a person from engaging in constitutionally protected exercise of free speech, including non-threatening speech and s…

78B-7-113. Statewide domestic violence network -- Peace officers' duties -- Prevention of abuse in absence of order -- Limitation of liability. (1) Law enforcement units, the Department of Public Safety, and the Administrative Office of the Courts shall utilize statewide procedur…

78B-7-116. Full faith and credit for foreign protection orders. (1) A foreign protection order is enforceable in this state as provided in, and Title 78B, Chapter 7, Part 12, Uniform Recognition and Enforcement of Canadian Domestic Violence Protection Orders Act. Title 78B, Chapt…

78B-7-117. Court order for transfer of wireless telephone number. (1) As used in this section, "wireless service provider" means a provider of commercial mobile service under Section 332(d) of the Federal Telecommunications Act of 1996. (2) At or after the time that a court issue…

78B-7-118. Construction with Utah Rules of Civil Procedure. To the extent the provisions of this chapter are more specific than the Utah Rules of Civil Procedure regarding a civil protective order the provisions of this chapter govern.

78B-7-119. Duties of law enforcement -- Enforcement. A law enforcement officer shall, without a warrant, arrest an alleged perpetrator whenever there is probable cause to believe that the alleged perpetrator has violated any of the provisions of any of the following that has been…

78B-7-120. Law enforcement -- Training -- Domestic violence -- Lethality assessments. (1) In accordance with Section, the Department of Public Safety shall: 77-36-2.1 develop training in domestic violence responses and lethality assessment protocols that includes information on: …

78B-7-1201. Definitions. As used in this part: (1) "Canadian domestic violence protection order" means a judgment or part of a judgment or order issued in a civil proceeding by a court of Canada under law of the issuing jurisdiction which relates to domestic violence and prohibit…

78B-7-1202. Enforcement of Canadian domestic violence protection order by law enforcement officer. (1) If a law enforcement officer determines under Subsection (3) or (4) that there is probable cause to believe a valid Canadian domestic violence protection order exists and the or…

78B-7-1203. Enforcement of Canadian domestic violence protection order by tribunal. (1) A tribunal may issue an order enforcing or refusing to enforce a Canadian domestic violence protection order on application of: a person authorized by the law of this state other than this par…

78B-7-1204. Registration of Canadian domestic violence protection order. (1) An individual may register a Canadian domestic violence protection order in this state. (2) To register the order, the individual must file a certified copy of the order in accordance with Section. 78B-7…

78B-7-1205. Immunity. The state, state agency, local governmental agency, law enforcement officer, prosecuting attorney, clerk of court, and state or local governmental official acting in an official capacity are immune from civil and criminal liability for an act or omission ari…

78B-7-1206. Other remedies. An individual who seeks a remedy under this part may seek other legal or equitable remedies.

78B-7-1207. 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-7-1208. Relation to Electronic Signatures in Global and National Commerce Act. This part modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that…

78B-7-1209. Application. (1) This part applies to a Canadian domestic violence protection order issued before, on, or after May 7, 2025, and to a continuing action for enforcement of a Canadian domestic violence protection order commenced before, on, or after May 7, 2025. (2) A r…

78B-7-121. Requirements for proceedings between the parents of a child. (1) As used in this section, "relevant proceeding" means a civil proceeding under this chapter: between the parents of a child; that involves the care or custody of the child; and that concerns a protective o…

78B-7-1210. Severability. If any provision of this part or its application to any person or circumstance is held invalid, the remainder of this part shall be given effect without the invalid provision or application. The provisions of this part are severable.

78B-7-1301. Definitions. As used in this part: (1) "Covered individual" means a drug offender or an individual who has been charged with a drug offense. (2) "Drug" means a controlled substance as that term is defined in Section. 58-37-101 (3) "Drug offender" means an individual c…

78B-7-1302. Off-limits order -- Notice -- Penalties. (1) A court with jurisdiction over a covered individual's drug offense may enter an off-limits order enjoining a covered individual who is charged with or convicted of committing a drug offense in a public place from entering o…

78B-7-201. Definitions. As used in this chapter: (1) "Abuse" means: physical abuse; sexual abuse; any sexual offense described in; or Title 76, Chapter 5b, Part 2, Sexual Exploitation human trafficking of a child for commercial sexual exploitation under Section. 76-5-308.6 (2) "C…

78B-7-202. Abuse or danger of abuse -- Child protective orders -- Ex parte child protective orders -- Guardian ad litem -- Referral to division. (1) Any interested person may file a petition for a protective order: on behalf of a child who is being abused or is in imminent danger…

78B-7-203. Hearings. (1) 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. If an ex parte child protective order is denied, the court, upon the request …

78B-7-204. Content of orders -- Modification of orders -- Penalties. (1) A child protective order or an ex parte child protective order may contain the following provisions the violation of which is a class A misdemeanor under Section: 76-5-108 enjoin the respondent from threaten…

78B-7-205. Service -- Income withholding -- Expiration. (1) If the court enters an ex parte child protective order or a child protective order, the court shall: make reasonable efforts to ensure that the order is understood by the petitioner and the respondent, if present; as soo…

78B-7-206. Statewide domestic violence network. The Administrative Office of the Courts, in cooperation with the Department of Public Safety and the Criminal Investigations and Technical Services Division, shall post ex parte child protective orders, child protective orders, and …

78B-7-207. Forms and assistance -- No fees. (1) The Administrative Office of the Courts shall adopt and make available uniform forms for petitions and orders conforming to this part. The forms shall notify the petitioner that: a knowing falsehood in any statement under oath may s…

78B-7-208. 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-7-301. Title. This part is known as the "Uniform Interstate Enforcement of Domestic Violence Protection Orders Act."

78B-7-302. Definitions. As used in this part: (1) "Foreign protection order" means a protection order issued by a tribunal of another state. (2) "Issuing state" means the state whose tribunal issues a protection order. (3) "Mutual foreign protection order" means a foreign protect…