Title 78B, Judicial Code

78B-6-907. Restraining possessor from injuring property. The court or judge may upon a showing of good cause enjoin the party in possession of the property from doing any act to injure the property during the foreclosure of a mortgage on it, or after a sale on execution.

78B-6-908. Attorney fees. (1) In all cases of foreclosure when an attorney's fee is claimed by the plaintiff, the amount shall be fixed by the court. No other or greater amount shall be allowed or decreed than the sum which shall appear by the evidence to be actually charged by a…

78B-6-909. Environmental impairment to real property security interest -- Remedies of lender. (1) As used in this section: (a) "Borrower" means: (i) the trustor under a deed of trust, or a mortgagor under a mortgage, when the deed of trust or mortgage encumbers real property secu…

78B-6a-101. Definitions for chapter. As used in this chapter: (1)(a) "Agricultural operation" means the commercial production of crops, orchards, livestock, poultry, aquaculture, livestock products, or poultry products. (b) "Agricultural operation" includes: (i) the real property…

78B-6a-102. Abrogation of common law nuisance -- Exception -- Reporting requirement. (1)(a) Except as provided in Subsection (2), this chapter abrogates any common law civil right of action for a public nuisance or a private nuisance in this state. (b) Subsection (1)(a) does not …

78B-6a-103. Award of costs and attorney fees. (1) The court may award costs, including the costs of investigation and discovery, and reasonable attorney fees, which are not compensated for in accordance with another provision of law, to the prevailing party in any case in which a…

78B-6a-104. Violation of order enjoining a public or private nuisance -- Civil penalty. A person who knowingly violates any judgment or order abating or enjoining a public nuisance or private nuisance: (1) is guilty of a class B misdemeanor; and (2) is subject to a civil penalty …

78B-6a-201. Definitions for part. As used in this part: (1) "Private party" means a person that is not a government entity. (2)(a) "Special injury" means an injury that is different in kind, not just in degree, from an injury sustained by the general public exercising the same pu…

78B-6a-202. Government right of action for a public nuisance. (1) Except as otherwise provided by this section or Part 4, Defenses to Nuisance Actions, a government entity has a right of action against a person for a public nuisance if: (a) the person: (i) engages in an activity …

78B-6a-203. Private right of action for a public nuisance. (1) Except as otherwise provided by this section and Part 4, Defenses to Nuisance Actions, a private party has a right of action for a public nuisance against a person if: (a) the person: (i) engages in an activity that d…

78B-6a-204. Abatement of a public nuisance. (1) A government entity, or an officer of a government entity who is authorized by law, may abate a public nuisance. (2) Nothing in this section alters the remedies available to a government entity or a private party in a right of actio…

78B-6a-301. Definitions for part. Reserved.

78B-6a-302. Right of action for private nuisance. (1) Except as otherwise provided by this part or Part 4, Defenses for Nuisance Actions, a person has a right of action for a private nuisance if: (a) the person owns or possesses a legal interest in the real property that is the s…

78B-6a-303. Abatement by eviction of private nuisance. (1)(a) The county attorney, or the county, the city attorney of any incorporated city in the county, any citizen or citizens of the state residing in the county, or any person or business doing business in the county, has a r…

78B-6a-304. Evidence of private nuisance -- Requirements for controlled substance nuisance. (1) In an action described in Section 78B-6a-302 or 78B-6a-303, all evidence authorized by law, including evidence of reputation in a community, is admissible to prove the existence of a p…

78B-6a-401. Definitions for part. As used in this part, "fundamental change" does not include: (1) a change in ownership or size; (2) an interruption of farming for a period of no more than three years; (3) participation in a government-sponsored agricultural program; (4) employm…

78B-6a-402. Defense in private nuisance action for manufacturing facility in operation over three years. (1)(a) A person or government entity does not have a right of action for a private nuisance under this chapter for any changed circumstance in land uses near a manufacturing f…

78B-6a-403. Defense in private nuisance action for critical infrastructure materials operations. (1) A person or government entity does not have a right of action for a private nuisance under this chapter for an activity conducted in the normal and ordinary course of a critical i…

78B-6a-404. Defense in nuisance action for agricultural operations. (1)(a) A person or government entity does not have a right of action under this chapter for a private nuisance that is an agricultural operation if: (i) the plaintiff is not a legal possessor of the real property…

78B-6a-405. Limitations on tobacco and drug nuisance actions. (1) There is no right of action under this chapter for a tobacco nuisance if the rental, lease, restrictive covenant, or purchase agreement for the unit states in writing that: (a) tobacco smoking is allowed in other u…

78B-6a-407. Defense in nuisance action for shooting range. (1) A person or government entity does not have a right of action under this chapter against a person who operates or uses a shooting range in this state for noise or noise pollution resulting from the operation or use of…

78B-6a-408. Defense for migratory bird production area. A person or government entity does not have a right of action under this chapter if the public nuisance or private nuisance is: (1) normally associated with a migratory bird production area; (2) conducted within a migratory …

78B-7-1001. Definitions. As used in this part: (1)(a) "Agency" means, except as provided in Subsection (1)(b), a state, county, or local government entity that generates or maintains records relating to a civil order for which expungement may be ordered. (b) "Agency" does not inc…

78B-7-1002. Retroactive application. The provisions of this part apply retroactively to all civil orders issued before, on, or after May 4, 2022.

78B-7-1002.1. Eligibility for removing the link between personal identifying information and court case dismissed. (1) As used in this section, "personal identifying information" means: (a) a current name, former name, nickname, or alias; and (b) date of birth. (2) If a civil ord…

78B-7-1003. Requirements for expungement of protective order or stalking injunction -- Venue. (1)(a) An individual against whom a civil order is sought may petition the court to expunge records of the civil order. (b) A petitioner shall bring a petition for expungement under Subs…

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

78B-7-102. Definitions for chapter. As used in this chapter: (1) "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 reasonab…

78B-7-102. Definitions for chapter. As used in this chapter: (1) "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 reasonab…

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

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

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

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: (a) files an independent petition against the other for a civil protective order, and both petitions are served; (b) makes a sho…

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: (a) an individual who is employed by an employer for compensation; or (b) a volunteer. (2) "Employer" means: (a) a person that employs an individual in this state; or (b) a nonprofit organization for wh…

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) 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. (b) If, at the hearing described in Subsection (1)(a), the court do…

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

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

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: (a) seeking a workplace violence protective order, if the employer acts in good faith in seeking the order; or (b) failing to seek a workplace violence protective order. (2) An employer's action o…

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)(a)(i) Law enforcement units, the Department of Public Safety, and the Administrative Office of the Courts shall utilize statewide pr…

78B-7-116. Full faith and credit for foreign protection orders. (1) A foreign protection order is enforceable in this state as provided in Title 78B, Chapter 7, Part 3, Uniform Interstate Enforcement of Domestic Violence Protection Orders Act, and Title 78B, Chapter 7, Part 12, U…

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…