Title 78B, Title 78B: Judicial Code

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…

78B-7-303. Judicial enforcement of order. (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 tribunal of this state. The tribunal shall enforce the terms of the order, including …

78B-7-304. Nonjudicial enforcement of order. (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…

78B-7-305. Registration of order. Any individual may register a foreign protection order in this state under Section.

78B-7-306. Immunity. 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 and criminal liability for an act or omission arisi…

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…