reglab/statecodes huggingface dataset:
2023 Utah Code › Title 78B - Judicial Code › Chapter 7 - Protective Orders and Stalking Injunctions › Part 4 - Dating Violence Protective Orders › Section 409 - Mutual dating violence protective orders.

Effective 9/1/2021
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:
(a) files an independent petition against the other for a dating violence protective order, and both petitions are served;
(b) makes a showing at a due process dating violence protective order hearing of abuse or dating violence committed by the other party; and
(c) demonstrates the abuse or dating violence did not occur in self-defense.
(2) If the court issues mutual dating violence protective orders, the court shall include specific findings of all elements of Subsection (1) in the court order justifying the entry of the court order.
(3)
(a) Except as provided in Subsection (3)(b), a court may not grant a protective order to a civil petitioner who is the respondent or defendant subject to:
(i) a civil protective order that is issued under:
(A) this part;
(B)Part 2, Child Protective Orders;
(C)Part 6, Cohabitant Abuse Protective Orders;
(D)Part 8, Criminal Protective Orders; or
(E)Title 80, Utah Juvenile Code;
(ii) an ex parte civil protective order issued under Part 2, Child Protective Orders; or
(iii) a foreign protection order enforceable under Part 3, Uniform Interstate Enforcement of Domestic Violence Protection Orders Act.
(b) The court may issue a protective order to a civil petitioner described in Subsection (3)(a) if:
(i) the court determines that the requirements of Subsection (1) are met; and
(ii)
(A) the same court issued the protective order against the respondent; or
(B) the subsequent court determines it would be impractical for the original court to consider the matter or confers with the court that issued the protective order described in Subsection (3)(a)(i) or (ii).
Amended by Chapter 262, 2021 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 7 - Protective Orders and Stalking Injunctions › Part 5 - Sexual Violence Protective Orders › Section 502 - Definitions.

Effective 5/4/2022
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) a sexual violence protective order; or
(b) an ex parte sexual violence protective order.
(3) "Sexual violence" means the commission or the attempt to commit:
(a) any sexual offense described in Title 76, Chapter 5, Part 4, Sexual Offenses, or Title 76, Chapter 5b, Part 2, Sexual Exploitation;
(b) human trafficking for sexual exploitation under Section 76-5-308.1; or
(c) aggravated human trafficking for forced sexual exploitation under Section 76-5-310.
(4) "Sexual 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.
Amended by Chapter 430, 2022 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 7 - Protective Orders and Stalking Injunctions › Part 5 - Sexual Violence Protective Orders › Section 503 - Sexual violence -- Sexual violence protective orders.

Effective 7/1/2019
78B-7-503.
Sexual violence -- Sexual violence protective orders.
(1)
(a) 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.
(b) An individual may not seek a protective order on behalf of a child under this part.
(2) A petition seeking a sexual violence protective order may not be withdrawn without written order of the court.
Enacted by Chapter 365, 2019 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 7 - Protective Orders and Stalking Injunctions › Part 5 - Sexual Violence Protective Orders › Section 506 - Service of process.

Effective 7/1/2019
78B-7-506.
Service of process.
(1)
(a) The county sheriff that receives an order from the court under Subsection 78B-7-504(6) or 78B-7-505(3) shall:
(i) provide expedited service for the sexual violence protective order; and
(ii) after the sexual violence protective order is served, transmit verification of service of process to the statewide network described in Section 78B-7-113.
(b) This section does not prohibit another law enforcement agency from providing service of process if the law enforcement agency:
(i) has contact with the respondent; or
(ii) determines that, under the circumstances, providing service of process on the respondent is in the best interest of the petitioner.
(2) When a sexual violence protective order is served on a respondent in jail, or other holding facility, the law enforcement agency managing the facility shall make a reasonable effort to provide notice to the petitioner at the time the respondent is released from incarceration.
Enacted by Chapter 365, 2019 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 7 - Protective Orders and Stalking Injunctions › Part 5 - Sexual Violence Protective Orders › Section 508 - Penalties.

Effective 7/1/2020
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 Title 76, Chapter 8, Part 5, Falsification in Official Matters, for knowingly falsifying any statement or information provided for the purpose of obtaining a protective order.
Amended by Chapter 142, 2020 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 7 - Protective Orders and Stalking Injunctions › Part 5 - Sexual Violence Protective Orders › Section 509 - Duties of law enforcement officers -- Notice to victims.

Effective 7/1/2019
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:
(a) taking action that, in the officer's discretion, is reasonably necessary to provide for the safety of the victim and any family or household member;
(b) making arrangements for the victim and any child to obtain emergency housing or shelter;
(c) arranging, facilitating, or providing for the victim and any child to obtain medical treatment; and
(d) arranging, facilitating, or providing the victim with immediate and adequate notice of the rights of the victim and of the remedies and services available to victims of sexual violence, in accordance with Subsection (2).
(2)
(a) A law enforcement officer shall give written notice to the victim in simple language, describing the rights and remedies available under this part.
(b) The written notice shall also include:
(i) a statement that the forms needed in order to obtain a protective order are available from the court clerk's office in the judicial district where the victim resides or is temporarily domiciled; and
(ii) a list of shelters, services, and resources available in the appropriate community, together with telephone numbers, to assist the victim in accessing any needed assistance.
Enacted by Chapter 365, 2019 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 7 - Protective Orders and Stalking Injunctions › Part 6 - Cohabitant Abuse Protective Orders › Section 601 - Definitions.

Effective 7/1/2020
78B-7-601.
Definitions.
As used in this part:
(1) "Cohabitant abuse 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 cohabitant abuse protective order" means an order issued without notice to the respondent under this part.
(3) "Protective order" means:
(a) a cohabitant abuse protective order; or
(b) an ex parte cohabitant abuse protective order.
Enacted by Chapter 142, 2020 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 7 - Protective Orders and Stalking Injunctions › Part 6 - Cohabitant Abuse Protective Orders › Section 602 - Abuse or danger of abuse -- Cohabitant abuse protective orders.

Effective 7/1/2020
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, whether or not the cohabitant has left the residence or the premises in an effort to avoid further abuse.
(2) A petition for a protective order may be filed under this part regardless of whether an action for divorce between the parties is pending.
(3) A petition seeking a protective order may not be withdrawn without approval of the court.
Renumbered and Amended by Chapter 142, 2020 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 7 - Protective Orders and Stalking Injunctions › Part 6 - Cohabitant Abuse Protective Orders › Section 604 - Hearings.

Effective 5/5/2021
78B-7-604.
Hearings.
(1)
(a) 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.
(b) If, at the hearing described in Subsection (1)(a), the court does not issue a protective order, the ex parte cohabitant abuse protective order expires, unless extended by the court.
(c)
(i) The court may extend the 21-day period described in Subsection (1)(a) only if:
(A) the petitioner is unable to be present at the hearing;
(B) the respondent has not been served;
(C) the respondent has had the opportunity to present a defense at the hearing;
(D) the respondent requests that the ex parte cohabitant abuse protective order be extended; or
(E) exigent circumstances exist.
(ii) Under no circumstances may an ex parte cohabitant abuse protective order be extended beyond 180 days from the day on which the court issues the initial ex parte cohabitant abuse protective order.
(d) If, at that hearing described in Subsection (1)(a), the court issues a cohabitant abuse protective order, the ex parte cohabitant abuse protective order remains in effect until service of process of the protective order is completed.
(e) A cohabitant abuse protective order issued after notice and a hearing is effective until further order of the court.
(f) If the hearing described in Subsection (1)(a) is held by a commissioner, the petitioner or respondent may file an objection within 14 days after the day on which the commissioner recommends the order, and, if the petitioner or respondent requests a hearing be held, the assigned judge shall hold a hearing within 21 days after the day on which the objection is filed.
(2) Upon a hearing under this section, the court may grant any of the relief described in Section 78B-7-603.
(3) If the court denies a petition for an ex parte cohabitant abuse protective order or a petition to modify a protective order ex parte, the court shall, upon the request of the petitioner made within five days after the day on which the court denies the petition:
(a) set the matter for hearing to be held within 21 days after the day on which the petitioner makes the request; and
(b) notify and serve the respondent.
(4)
(a) A respondent who has been served with an ex parte cohabitant abuse protective order may seek to vacate the ex parte cohabitant abuse protective order described in Subsection (1)(a) by filing a verified motion to vacate before the day on which the hearing is set.
(b) The respondent's verified motion to vacate described in Subsection (4)(a) and a notice of hearing on the motion shall be personally served on the petitioner at least two days before the day on which the hearing on the motion to vacate is set.
Amended by Chapter 159, 2021 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 7 - Protective Orders and Stalking Injunctions › Part 6 - Cohabitant Abuse Protective Orders › Section 605 - Dismissal.

Effective 5/5/2021
78B-7-605.
Dismissal.
(1) 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 the court finds that:
(a) the basis for the issuance of the protective order no longer exists;
(b) the petitioner has repeatedly acted in contravention of the protective order provisions to intentionally or knowingly induce the respondent to violate the protective order; and
(c) the petitioner's actions demonstrate that the petitioner no longer has a reasonable fear of the respondent.
(2) The court shall enter sanctions against either party if the court determines that either party acted:
(a) in bad faith; or
(b) with intent to harass or intimidate the other party.
(3) If a divorce proceeding is pending between parties to a protective order action, the court shall dismiss the protective order when the court issues a decree of divorce for the parties if:
(a) the respondent files a motion to dismiss a protective order in both the divorce action and the protective order action and personally serves the petitioner; and
(b)
(i) the parties stipulate in writing or on the record to dismiss the protective order; or
(ii) based on evidence at the divorce trial, the court determines that the petitioner no longer has a reasonable fear of future harm, abuse, or domestic violence.
(4) When the court dismisses a protective order, the court shall immediately:
(a) issue an order of dismissal to be filed in the protective order action; and
(b) transmit a copy of the order of dismissal to the statewide domestic violence network as described in Section 78B-7-113.
Amended by Chapter 159, 2021 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 7 - Protective Orders and Stalking Injunctions › Part 6 - Cohabitant Abuse Protective Orders › Section 606 - Expiration -- Extension.

Effective 5/5/2021
78B-7-606.
Expiration -- Extension.
(1)
(a) Except as provided in Subsection (1)(b) and 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.
(b)
(i) The civil provisions of a cohabitant abuse protective order described in Section 78B-7-603 expires 150 days after the day on which the cohabitant abuse protective order is entered, unless the court finds good cause for extending the expiration date of the civil provisions.
(ii) Unless a motion under this section is granted, a court may not extend the civil provisions of a cohabitant abuse protective order for more than three years after the day on which the cohabitant abuse protective order is entered.
(2) A cohabitant abuse protective order automatically expires under Subsection (1), unless the petitioner files a motion before the day on which the cohabitant abuse protective order expires and demonstrates that:
(a) the petitioner has a current reasonable fear of future harm, abuse, or domestic violence; or
(b) the respondent committed or was convicted of a cohabitant abuse protective order violation or a qualifying domestic violence offense, as defined in Section 77-36-1.1, subsequent to the issuance of the cohabitant abuse protective order.
(3)
(a) If the court grants the motion under Subsection (2), the court shall set a new date on which the cohabitant abuse protective order expires.
(b) The cohabitant abuse protective order will expire on the date set by the court unless the petitioner files a motion described in Subsection (2) to extend the cohabitant abuse protective order.
Amended by Chapter 159, 2021 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 7 - Protective Orders and Stalking Injunctions › Part 6 - Cohabitant Abuse Protective Orders › Section 607 - Penalties.

Effective 7/1/2020
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.
Enacted by Chapter 142, 2020 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 7 - Protective Orders and Stalking Injunctions › Part 6 - Cohabitant Abuse Protective Orders › Section 608 - No denial of relief solely because of lapse of time.

Effective 7/1/2020
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.
Renumbered and Amended by Chapter 142, 2020 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 7 - Protective Orders and Stalking Injunctions › Part 6 - Cohabitant Abuse Protective Orders › Section 609 - Prohibition of court-ordered or court-referred mediation.

Effective 7/1/2020
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.
Renumbered and Amended by Chapter 142, 2020 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 7 - Protective Orders and Stalking Injunctions › Part 7 - Civil Stalking Injunctions › Section 702 - Mutual civil stalking injunctions.

Effective 9/1/2021
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:
(a) files an independent petition against the other for a civil stalking injunction, and both petitions are served;
(b) makes a showing at an evidentiary hearing on the civil stalking injunction that stalking has occurred by the other party; and
(c) demonstrates the alleged act did not occur in self-defense.
(2) If the court issues mutual civil stalking injunctions, the court shall include specific findings of all elements of Subsection (1) in the court order justifying the entry of the court orders.
(3)
(a) Except as provided in Subsection (3)(b), a court may not grant a protective order to a civil petitioner who is the respondent or defendant subject to:
(i) a civil stalking injunction;
(ii) a civil protective order that is issued under:
(A) this part;
(B)Part 2, Child Protective Orders;
(C)Part 6, Cohabitant Abuse Protective Orders;
(D)Part 8, Criminal Protective Orders; or
(E)Title 80, Utah Juvenile Code;
(iii) an ex parte civil protective order issued under Part 2, Child Protective Orders; or
(iv) a foreign protection order enforceable under Part 3, Uniform Interstate Enforcement of Domestic Violence Protection Orders Act.
(b) The court may issue a protective order to a civil petitioner described in Subsection (3)(a) if:
(i) the court determines that the requirements of Subsection (1) are met; and
(ii)
(A) the same court issued the protective order against the respondent; or
(B) the subsequent court determines it would be impractical for the original court to consider the matter or confers with the court that issued the protective order described in Subsection (3)(a)(ii) or (iii).
Amended by Chapter 262, 2021 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 7 - Protective Orders and Stalking Injunctions › Part 7 - Civil Stalking Injunctions › Section 703 - Violation.

Effective 7/1/2020
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 Section 76-5-106.5 and is also a violation of the civil stalking injunction.
(2) A violation of an ex parte civil stalking injunction or of a civil stalking injunction issued under this part may be enforced by a civil action initiated by the petitioner, a criminal action initiated by a prosecuting attorney, or both.
Renumbered and Amended by Chapter 142, 2020 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 7 - Protective Orders and Stalking Injunctions › Part 8 - Criminal Protective Orders › Section 806 - Penalties.

Effective 7/1/2020
78B-7-806.
Penalties.
(1)
(a) A violation of Subsection 78B-7-802(1) is a class B misdemeanor.
(b) An individual who knowingly violates a jail release court order or jail release agreement executed under Subsection 78B-7-802(2) is guilty of:
(i) a third degree felony, if the original arrest was for a felony; or
(ii) a class A misdemeanor, if the original arrest was for a misdemeanor.
(2) A violation of a pretrial protective order issued under this part is:
(a) a third degree felony, if the original arrest or subsequent charge filed is a felony; or
(b) a class A misdemeanor, if the original arrest or subsequent charge filed is a misdemeanor.
(3) A violation of a sentencing protective order and of a continuous protective order issued under this part is:
(a) a third degree felony, if the conviction was a felony; or
(b) a class A misdemeanor, if the conviction was a misdemeanor.
Enacted by Chapter 142, 2020 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 7 - Protective Orders and Stalking Injunctions › Part 8 - Criminal Protective Orders › Section 807 - Notice to victims.

Effective 7/1/2020
78B-7-807.
Notice to victims.
(1)
(a) 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.
(b) If the court is unable to locate the victim, the court shall provide the victim's certified copy to the prosecutor.
(c) A sentencing protective order or continuous protective order issued under this part shall be in writing, and the prosecutor shall provide a certified copy of that order to the victim.
(2)
(a) Adult Probation and Parole, or another provider, shall immediately report to the court and notify the victim of any violation of any sentencing protective order issued under this part.
(b) Notification of the victim under Subsection (2)(a) shall consist of a good faith reasonable effort to provide prompt notification, including mailing a copy of the notification to the last-known address of the victim.
(3)
(a) Before release of an individual who is subject to a continuous protective order issued under this part, the victim shall receive notice of the imminent release by the law enforcement agency that is releasing the individual who is subject to the continuous protective order:
(i) if the victim has provided the law enforcement agency contact information; and
(ii) in accordance with Section 64-13-14.7, if applicable.
(b) Before release, the law enforcement agency shall notify in writing the individual being released that a violation of the continuous protective order issued at the time of conviction or sentencing continues to apply, and that a violation of the continuous protective order is punishable as described in Section 78B-7-806.
(4) The court shall transmit a dismissal, termination, and expiration of a pretrial protective order, sentencing protective order, or a continuous protective order to the statewide domestic violence network described in Section 78B-7-113.
Enacted by Chapter 142, 2020 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 7 - Protective Orders and Stalking Injunctions › Part 9 - Criminal Stalking Injunctions › Section 901 - Definitions.

Effective 5/3/2023
78B-7-901.
Definitions.
As used in this part:
(1) "Conviction" means:
(a) a verdict or conviction;
(b) a plea of guilty or guilty with a mental condition;
(c) a plea of no contest; or
(d) the acceptance by the court of a plea in abeyance.
(2) "Immediate family" means the same as that term is defined in Section 76-5-106.5.
Amended by Chapter 184, 2023 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 7 - Protective Orders and Stalking Injunctions › Part 9 - Criminal Stalking Injunctions › Section 903 - Penalties.

Effective 5/4/2022
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 a civil action initiated by the stalking victim, a criminal action initiated by a prosecuting attorney, or both.
Amended by Chapter 418, 2022 General Session
Amended by Chapter 430, 2022 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 7 - Protective Orders and Stalking Injunctions › Part 9 - Criminal Stalking Injunctions › Section 904 - Notice to victims.

Effective 7/1/2020
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 criminal stalking injunction issued under this part has effect statewide.
Enacted by Chapter 142, 2020 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 7 - Protective Orders and Stalking Injunctions › Part 10 - Expungement of Protective Orders and Stalking Injunctions › Section 1001 - Definitions.

Effective 7/1/2022
78B-7-1001.
Definitions.
As used in this part:
(1)
(a) Except as provided in Subsection (1)(b), "agency" means 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 include the Division of Child and Family Services created in Section 80-2-201.
(2) "Civil order" means:
(a) an ex parte civil protective order;
(b) an ex parte civil stalking injunction;
(c) a civil protective order; or
(d) a civil stalking injunction.
(3) "Expunge" means to seal or otherwise restrict access to an individual's record held by an agency when the record includes a civil order.
(4) "Petitioner" means an individual petitioning for expungement of a civil order under this part.
Enacted by Chapter 270, 2022 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 7 - Protective Orders and Stalking Injunctions › Part 10 - Expungement of Protective Orders and Stalking Injunctions › Section 1002 - Retroactive application.

Effective 7/1/2022
78B-7-1002.
Retroactive application.
The provisions of this part apply retroactively to all civil orders issued before, on, or after May 4, 2022.
Enacted by Chapter 270, 2022 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 7 - Protective Orders and Stalking Injunctions › Part 10 - Expungement of Protective Orders and Stalking Injunctions › Section 1004 - Distribution and effect of order of expungement -- Penalty.

Effective 7/1/2022
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) Upon receipt of an order of expungement as described in Subsection (1), an agency shall expunge all records described in the expungement order that are under the control of the agency.
(3) Upon entry of an expungement order by a court under Section 78B-7-1003:
(a) the civil order is considered to never have occurred; and
(b) the petitioner may reply to an inquiry on the matter as though there was never a civil order.
(4)
(a) Unless ordered by a court to do so, an agency or official may not divulge information or records that have been expunged under this part.
(b) An expungement order may not restrict an agency's use or dissemination of records in the agency's ordinary course of business until the agency has received a copy of the expungement order.
(c) Any action taken by an agency after issuance of the expungement order but before the agency's receipt of a copy of the expungement order may not be invalidated by the order.
(5) An expungement order under this part may not:
(a) terminate or invalidate any pending administrative proceedings or actions of which the individual had notice according to the records of the administrative body before issuance of the expungement order;
(b) affect the enforcement of any order or findings issued by an administrative body pursuant to the administrative body's lawful authority prior to issuance of the expungement order; or
(c) prevent an agency from maintaining, sharing, or distributing any record required by law.
(6) An employee or agent of an agency that is prohibited from disseminating information from an expunged record under this section who knowingly or intentionally discloses identifying information from the expunged record, unless allowed by law, is guilty of a class A misdemeanor.
(7) Records expunged under this part may be released to, or viewed by, the following individuals:
(a) the petitioner; or
(b) parties to a civil action arising out of the expunged civil order, providing the information is kept confidential and utilized only in the action.
(8) This part does not preclude a court from considering the same circumstances or evidence for which an expunged civil order was issued in any proceeding that occurs after the civil order is expunged.
Enacted by Chapter 270, 2022 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 7 - Protective Orders and Stalking Injunctions › Part 11 - Workplace Violence Protective Orders › Section 1101 - Definitions.

Effective 7/1/2023
78B-7-1101.
Definitions.
As used in this part:
(1) "Employee" means an employee in the service of an employer for compensation.
(2) "Employer" means a person who employs an individual in this state.
(3) "Ex parte workplace violence protective order" means an order issued without notice to the respondent under this part.
(4) "Protective order" means:
(a) a workplace violence protective order; or
(b) an ex parte workplace violence protective order.
(5) "Workplace violence" means knowingly causing or threatening to cause bodily injury to, or significant damage to the property of, a person, if:
(a) the person is:
(i) an employer; or
(ii) an employee performing the employee's duties as an employee; and
(b)
(i) the action would cause a reasonable person to feel terrorized, frightened, intimidated, or harassed; or
(ii) the threat:
(A) would cause a reasonable person to fear that the threat will be carried out; and
(B) if carried out, would cause a reasonable person to feel terrorized, frightened, intimidated, or harassed.
(6) "Workplace 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.
Enacted by Chapter 170, 2023 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 7 - Protective Orders and Stalking Injunctions › Part 11 - Workplace Violence Protective Orders › Section 1102 - Petition for a workplace violence protective order -- Notice to known targets of workplace violence.

Effective 7/1/2023
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 occurred against the employer or an employee of the employer.
(2) If an employer seeking a workplace violence protective order as described in Subsection (1) has knowledge that a specific individual is the target of workplace violence, the employer shall make a good faith effort to notify the targeted individual that the employer is seeking a workplace violence protective order.
Enacted by Chapter 170, 2023 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 7 - Protective Orders and Stalking Injunctions › Part 11 - Workplace Violence Protective Orders › Section 1103 - Workplace violence protective orders -- Ex parte workplace violence protective orders -- Modification of orders -- Evidence in another lawsuit.

Effective 7/1/2023
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 violence has occurred, the court may:
(a) without notice, immediately issue an ex parte workplace violence protective order against the respondent or modify an existing workplace violence protective order ex parte, if necessary to protect the petitioner or any party named in the petition; or
(b) upon notice to the respondent, issue a workplace violence protective order or modify a workplace violence protective order after a hearing, regardless of whether the respondent appears.
(2)
(a) The court may grant the following relief with or without notice or a hearing in a protective order or in a modification to a protective order:
(i) enjoin the respondent from committing workplace violence;
(ii) enjoin the respondent from threatening the petitioner or an employee of the petitioner while performing the employee's duties as an employee; or
(iii) subject to Subsection (2)(c), order that the respondent is excluded and shall stay away from the petitioner's workplace.
(b) Except as provided in Subsection (2)(a), a protective order may not restrict the respondent's communications.
(c) The court shall narrowly tailor an order described in Subsection (2)(a)(iii) to the location where the respondent caused or threatened to cause bodily injury to, or significant damage to property of, the petitioner or an employee of the petitioner.
(3) After the court issues a protective order, the court shall:
(a) as soon as possible, deliver the order to the county sheriff for service of process;
(b) transmit electronically, by the end of the business day after the day on which the court issues the protective order, a copy of the protective order to the local law enforcement agency that the petitioner designates; and
(c) transmit a copy of the protective order in the same manner as described in Section 78B-7-113.
(4) The court may modify or vacate a protective order after notice and hearing, if the petitioner:
(a)
(i) is personally served with notice of the hearing, as provided in the Utah Rules of Civil Procedure; and
(ii) appears before the court to give specific consent to the modification or vacation of the provisions of the protective order; or
(b) submits an affidavit agreeing to the modification or vacation of the provisions of the protective order.
(5) The existence of a protective order may not be used as evidence of liability or damages in a lawsuit between the petitioner and the respondent regardless of whether the petitioner or respondent seeks to admit the facts underlying the protective order as evidence.
Enacted by Chapter 170, 2023 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 7 - Protective Orders and Stalking Injunctions › Part 11 - Workplace Violence Protective Orders › Section 1104 - Hearings -- Expiration.

Effective 7/1/2023
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 does not issue a workplace violence protective order, the ex parte workplace violence protective order expires on the day on which the hearing is held, unless the court extends the ex parte workplace violence protective order.
(c) Subject to Subsection (1)(d), a court may not extend an ex parte workplace violence protective order beyond 21 days after the day on which the court issues the ex parte workplace violence protective order, unless:
(i) a party is unable to be present at the hearing for good cause, established by the party's sworn affidavit;
(ii) the respondent has not been served; or
(iii) exigent circumstances exist.
(d) If, at the hearing described in Subsection (1)(a), the court issues a workplace violence protective order, the ex parte workplace violence protective order remains in effect until service of process of the workplace violence protective order is completed.
(e) A workplace violence protective order issued after notice and a hearing remains in effect for a period the court determines, not to exceed 18 months after the day on which the court issues the order, unless the order is extended in accordance with Section 78B-7-1105.
(f)
(i) If the hearing on the petition is heard by a commissioner, either the petitioner or respondent may file an objection within 10 calendar days after the day on which the commissioner enters the recommended order.
(ii) If a party files an objection as described in Subsection (1)(f)(i), the judge shall hold a hearing on the objection within 21 days after the day on which the party files the objection.
(2)
(a) If a court denies a petition for an ex parte workplace violence protective order or a petition to modify a workplace violence protective order ex parte, the petitioner may, within five days after the day on which the court denies the petition, request a hearing.
(b) If the petitioner requests a hearing as described in Subsection (2)(a), the court shall:
(i) set a hearing to be held within 21 days after the day on which the petitioner makes the request; and
(ii) notify and serve the respondent.
Enacted by Chapter 170, 2023 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 7 - Protective Orders and Stalking Injunctions › Part 11 - Workplace Violence Protective Orders › Section 1105 - Extension.

Effective 7/1/2023
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 the petitioner an employee of the petitioner while performing the employee's duties as an employee; or
(ii) the respondent committed or was convicted of a violation of the workplace violence protective order that the petitioner requests be extended.
(2)
(a) Subject to Subsection (2)(b), if a court grants a motion described in Subsection (1)(a), the court shall set a new date on which the workplace violence protective order expires.
(b) A court may not extend a workplace violence protective order for more than 18 months after the day on which the court issues the order for extension.
(3) After the day on which the court issues an extension of a workplace violence protective order, the court shall take the action described in Subsection 78B-7-1103(3).
(4) This part does not prohibit a petitioner from seeking another protective order after the day on which the petitioner's protective order expires.
Enacted by Chapter 170, 2023 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 7 - Protective Orders and Stalking Injunctions › Part 11 - Workplace Violence Protective Orders › Section 1106 - Service of process.

Effective 7/1/2023
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 service of process to the statewide network described in Section 78B-7-113.
(2) This section does not prohibit another law enforcement agency from providing service of process if the law enforcement agency:
(a) has contact with the respondent; or
(b) determines that, under the circumstances, providing service of process on the respondent is in the best interest of the petitioner.
Enacted by Chapter 170, 2023 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 7 - Protective Orders and Stalking Injunctions › Part 11 - Workplace Violence Protective Orders › Section 1107 - Penalties.

Effective 7/1/2023
78B-7-1107.
Penalties.
A violation of a protective order issued under this part is a class A misdemeanor.
Enacted by Chapter 170, 2023 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 7 - Protective Orders and Stalking Injunctions › Part 11 - Workplace Violence Protective Orders › Section 1108 - Employer liability.

Effective 7/1/2023
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 or statement made under this part:
(a) is not an admission of any fact; and
(b) may be used for purposes of impeachment.
Enacted by Chapter 170, 2023 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 7 - Protective Orders and Stalking Injunctions › Part 11 - Workplace Violence Protective Orders › Section 1109 - Limitations of part.

Effective 7/1/2023
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 speech involving labor disputes concerning organized labor; or
(3) prohibit a person from engaging in an activity that is part of a labor dispute.
Enacted by Chapter 170, 2023 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 8 - Miscellaneous › Part 2 - Punitive Damages › Section 202 - Punitive damages -- Notification procedure.

78B-8-202.
Punitive damages -- Notification procedure.
(1) Whenever it appears from a return of a jury verdict in any court jury trial or from entry of a finding or order in any court bench trial, that punitive damages have been awarded to the plaintiff in a court action, the clerk of the court shall immediately notify the attorney general and state treasurer of the verdict, finding, or order. The notice shall contain:
(a) the names of both parties to the action, and their attorneys;
(b) the case number; and
(c) the location of the court.
(2) In addition to the notice required in Subsection (1) of this section, the clerk of the court shall notify the attorney general and the state treasurer within five days after entry of a judgment award of punitive damages. The notice shall contain:
(a) the name of the party and his attorney, against whom the judgment was ordered;
(b) the amount of the judgment; and
(c) the date on which the judgment was entered.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 8 - Miscellaneous › Part 2 - Punitive Damages › Section 203 - Drug exception.

78B-8-203.
Drug exception.
(1) Punitive damages may not be awarded if a drug causing the claimant's harm:
(a) received premarket approval or licensure by the Federal Food and Drug Administration under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. Section 301 et seq. or the Public Health Service Act, 42 U.S.C. Section 201 et seq.;
(b) is generally recognized as safe and effective under conditions established by the Federal Food and Drug Administration and applicable regulations, including packaging and labeling regulations.
(2) This limitation on liability for punitive damages does not apply if it is shown by clear and convincing evidence that the drug manufacturer knowingly withheld or misrepresented information required to be submitted to the Federal Food and Drug Administration under its regulations, which information was material and relevant to the claimant's harm.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 8 - Miscellaneous › Part 3 - Process Server Act › Section 303 - Recoverable rates.

78B-8-303.
Recoverable rates.
If the rates charged by private process servers exceed the rates established by law for service of process by persons under Subsection 78B-8-302(1), the excess charge may be recovered as costs of an action only if the court determines the service and charge were justifiable under the circumstances.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 8 - Miscellaneous › Part 3 - Process Server Act › Section 304 - Violations of service of process authority.

Effective 5/10/2016
78B-8-304.
Violations of service of process authority.
(1) It is a class A misdemeanor for a person serving process to falsify a return of service.
(2) It is an infraction for a person to bill falsely for process service.
Amended by Chapter 303, 2016 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 8 - Miscellaneous › Part 4 - Disease Testing for Peace Officers, Health Care Providers, and Volunteers › Section 401 - Definitions.

Effective 5/3/2023
Superseded 7/1/2024
78B-8-401.
Definitions.
As used in this part:
(1) "Blood or contaminated body fluids" includes blood, saliva, amniotic fluid, pericardial fluid, peritoneal fluid, pleural fluid, synovial fluid, cerebrospinal fluid, semen, and vaginal secretions, and any body fluid visibly contaminated with blood.
(2) "COVID-19" means the same as that term is defined in Section 78B-4-517.
(3) "Disease" means Human Immunodeficiency Virus infection, acute or chronic Hepatitis B infection, Hepatitis C infection, COVID-19 or another infectious disease that may cause Severe Acute Respiratory Syndrome, and any other infectious disease specifically designated by the Labor Commission, in consultation with the Department of Health and Human Services, for the purposes of this part.
(4) "Emergency services provider" means:
(a) an individual licensed under Section 26B-4-116, a peace officer, local fire department personnel, or personnel employed by the Department of Corrections or by a county jail, who provide prehospital emergency care for an emergency services provider either as an employee or as a volunteer; or
(b) an individual who provides for the care, control, support, or transport of a prisoner.
(5) "First aid volunteer" means a person who provides voluntary emergency assistance or first aid medical care to an injured person prior to the arrival of an emergency medical services provider or peace officer.
(6) "Health care provider" means the same as that term is defined in Section 78B-3-403.
(7) "Medical testing procedure" means a nasopharyngeal swab, a nasal swab, a capillary blood sample, a saliva test, or a blood draw.
(8) "Peace officer" means the same as that term is defined in Section 53-1-102.
(9) "Prisoner" means the same as that term is defined in Section 76-5-101.
(10) "Significant exposure" and "significantly exposed" mean:
(a) exposure of the body of one individual to the blood or body fluids of another individual by:
(i) percutaneous injury, including a needle stick, cut with a sharp object or instrument, or a wound resulting from a human bite, scratch, or similar force; or
(ii) contact with an open wound, mucous membrane, or nonintact skin because of a cut, abrasion, dermatitis, or other damage;
(b) exposure of the body of one individual to the body fluids, including airborne droplets, of another individual if:
(i) the other individual displays symptoms known to be associated with COVID-19 or another infectious disease that may cause Severe Acute Respiratory Syndrome; or
(ii) other evidence exists that would lead a reasonable person to believe that the other individual may be infected with COVID-19 or another infectious disease that may cause Severe Acute Respiratory Syndrome; or
(c) exposure that occurs by any other method of transmission defined by the Labor Commission, in consultation with the Department of Health and Human Services, as a significant exposure.
Amended by Chapter 330, 2023 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 8 - Miscellaneous › Part 4 - Disease Testing for Peace Officers, Health Care Providers, and Volunteers › Section 403 - Confidentiality -- Disclosure -- Penalty.

Effective 5/9/2017
78B-8-403.
Confidentiality -- Disclosure -- Penalty.
A person or entity entitled to receive confidential information under this part, other than the individual tested and identified in the information, who violates this part by releasing or making public that confidential information, or by otherwise breaching the confidentiality requirements of this part, is guilty of a class B misdemeanor.
Amended by Chapter 185, 2017 General Session