reglab/statecodes huggingface dataset:
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 24 - Asbestos Litigation Requirements › Section 2402 - Required disclosures by plaintiff within 21 days of filing asbestos action.

Effective 5/3/2023
78B-6-2402.
Required disclosures by plaintiff within 21 days of filing asbestos action.
(1) Within 21 days after the day on which the first answer is filed in response to the plaintiff's complaint in an asbestos action, the plaintiff shall provide all parties with a sworn declaration stating the evidence providing the basis for each claim against each defendant, including:
(a) the name, address, date of birth, marital status, occupation, smoking history, and current and past employers and worksites of the exposed individual;
(b) the name and address of each individual who is knowledgeable about each exposure to asbestos and the exposed individual's relationship to that individual;
(c) the manufacturer or seller and the specific name of each asbestos-containing product, including any brand or trade name of that product, to which the exposed individual was exposed to asbestos or the other individual was exposed to asbestos if the exposed individual's exposure to asbestos was through another individual;
(d) the specific sites and the location at the sites that establish the direct connection between the exposed individual, or the other individual if the exposed individual's exposure to asbestos was through another individual, and each defendant;
(e) the beginning and ending dates of each exposure and the frequency of each exposure for the exposed individual or the other individual if the exposed individual's exposure to asbestos was through another individual;
(f) the condition that is alleged to have been caused by exposure to asbestos; and
(g) any supporting documentation relating to the information required under this Subsection (1).
(2) The sworn declaration under Subsection (1) is in addition to the disclosures required under Sections 78B-6-2403 and 78B-6-2405.
(3) Except as provided in Subsection (4), on a motion by a defendant in an asbestos action, the court shall dismiss a plaintiff's asbestos claim without prejudice:
(a) against a defendant if the defendant's asbestos-containing product or site is not specifically identified in the sworn declaration under Subsection (1); or
(b) against all defendants if the plaintiff fails to comply with Subsection (1).
(4) The court may not dismiss a plaintiff's asbestos claim under Subsection (3) upon a showing of good cause by the plaintiff.
Enacted by Chapter 80, 2023 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 24 - Asbestos Litigation Requirements › Section 2404 - Accrual of action alleging nonmalignant condition.

Effective 5/3/2023
78B-6-2404.
Accrual of action alleging nonmalignant condition.
Notwithstanding the requirements of Section 78B-2-117, the statute of limitations for an asbestos action alleging a nonmalignant condition that is not time barred on or before May 3, 2023, may not begin to run until the earlier of the day on which:
(1) the exposed individual is diagnosed with a physical impairment that meets the prima facie evidence requirements of Section 78B-6-2403;
(2) the exposed individual discovered facts that would have led a reasonable individual to obtain a diagnosis with respect to the existence of a physical impairment from exposure to asbestos that would have met the prima facie evidence requirements of Section 78B-6-2403; or
(3) the exposed individual dies.
Enacted by Chapter 80, 2023 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 24 - Asbestos Litigation Requirements › Section 2405 - Required disclosures by plaintiff in asbestos action within 120 days of trial.

Effective 5/3/2023
78B-6-2405.
Required disclosures by plaintiff in asbestos action within 120 days of trial.
(1) For each asbestos action filed in this state, the plaintiff shall provide all parties with a sworn declaration identifying all asbestos trust claims that have been filed by the plaintiff or by anyone on the plaintiff's behalf, including claims with respect to asbestos-related conditions other than those that are the basis for the asbestos action or that potentially could be filed by the plaintiff against an asbestos trust.
(2) The sworn declaration shall be provided no later than 120 days prior to the date set for trial for the asbestos action.
(3) For each asbestos trust claim or potential asbestos trust claim identified in the sworn declaration, the sworn declaration shall include:
(a) the name, address and contact information for the asbestos trust;
(b) the amount claimed or to be claimed by the plaintiff;
(c) the date the plaintiff filed the claim;
(d) the disposition of the claim; and
(e) whether there has been a request to defer, delay, suspend, or toll the claim.
(4) The sworn declaration shall include an attestation from the plaintiff, under penalties of perjury, that the sworn declaration is complete and based on a good faith investigation of all potential claims against asbestos trusts.
(5) The plaintiff shall make available to all parties all trust claims materials for each asbestos trust claim that has been filed by the plaintiff or by anyone on the plaintiff's behalf against an asbestos trust, including any asbestos-related disease.
(6) The plaintiff shall supplement the information and materials provided pursuant to this section within 90 days after the day on which the plaintiff files an additional asbestos trust claim, supplements an existing asbestos trust claim, or receives additional information or materials related to any claim or potential claim against an asbestos trust.
(7) Failure by the plaintiff to make available to all parties all trust claims materials as required by this part shall constitute grounds for the court to extend the trial date in an asbestos action.
(8)
(a) A court shall stay an asbestos action if the court finds that the plaintiff has failed to make the disclosures required by this section within the time period described in Subsection (2).
(b) If a plaintiff identifies a potential asbestos trust claim in the disclosures required by this section, the court may stay the asbestos action until the plaintiff files the asbestos trust claim and provides all parties with all trust claims materials for the asbestos trust claim.
Renumbered and Amended by Chapter 80, 2023 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 24 - Asbestos Litigation Requirements › Section 2406 - Identification of additional or alternative asbestos trusts by defendant before trial.

Effective 5/3/2023
78B-6-2406.
Identification of additional or alternative asbestos trusts by defendant before trial.
(1) Not less than 90 days before trial, if a defendant identifies an asbestos trust claim not previously identified by the plaintiff that the defendant reasonably believes the plaintiff can file, the defendant shall meet and confer with the plaintiff to discuss why the defendant believes the plaintiff has an additional asbestos trust claim.
(2) The defendant may move the court for an order to require the plaintiff to file the asbestos trust claim after the meeting under Subsection (1).
(3) The defendant shall produce or describe the documentation that the defendant possesses or is aware of in support of the motion under Subsection (2).
(4) Within 10 days after the day on which the plaintiff receives the defendant's motion under Subsection (2), the plaintiff shall for each asbestos trust claim identified by the defendant:
(a) file the asbestos trust claim;
(b) file a written response with the court setting forth the reasons why there is insufficient evidence for the plaintiff to file the asbestos trust claim; or
(c) file a written response with the court requesting a determination that the plaintiff's expenses or the plaintiff's attorney fees and expenses to prepare and file the asbestos trust claim identified in the defendant's motion exceed the plaintiff's reasonably anticipated recovery from the trust.
(5)
(a) If the court determines that there is a sufficient basis for the plaintiff to file the asbestos trust claim identified by the defendant, the court shall:
(i) order the plaintiff to file the asbestos trust claim; and
(ii) stay the asbestos action until the plaintiff files the asbestos trust claim and provides all parties with all trust claims materials no later than 30 days before trial.
(b) If the court determines that the plaintiff's expenses or the plaintiff's attorney fees and expenses to prepare and file the asbestos trust claim identified in the defendant's motion exceed the plaintiff's reasonably anticipated recovery from the asbestos trust, the court shall stay the asbestos action until the plaintiff files with the court and provides all parties with a verified statement of the plaintiff's history of exposure, usage, or other connection to asbestos covered by the asbestos trust.
Renumbered and Amended by Chapter 80, 2023 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 24 - Asbestos Litigation Requirements › Section 2407 - Discovery of materials and documents for asbestos trust claim -- Use of asbestos trust materials.

Effective 5/3/2023
78B-6-2407.
Discovery of materials and documents for asbestos trust claim -- Use of asbestos trust materials.
(1) Trust claims materials and trust governance documents are presumed to be relevant and authentic and are admissible in evidence.
(2) Claims of privilege may not apply to any trust claims materials or trust governance documents.
(3) A defendant in an asbestos action may seek discovery from an asbestos trust.
(4) The plaintiff may not claim privilege or confidentiality to bar discovery and shall provide consent or other expression of permission that may be required by the asbestos trust to release information and materials sought by a defendant.
(5) If a plaintiff proceeds to trial in an asbestos action before an asbestos trust claim is resolved, the filing of the asbestos trust claim may be considered as relevant and admissible evidence.
Renumbered and Amended by Chapter 80, 2023 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 24 - Asbestos Litigation Requirements › Section 2408 - Failure to provide information -- Sanctions.

Effective 5/3/2023
78B-6-2408.
Failure to provide information -- Sanctions.
A plaintiff who fails to provide all of the information required under Section 78B-6-2405, 78B-6-2406, or 78B-6-2407, is subject to sanctions as provided in the Utah Rules of Civil Procedure and any other relief for the defendants that the court considers just and proper.
Renumbered and Amended by Chapter 80, 2023 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 25 - Claims to Which Immunity Applies › Section 2501 - Definitions.

Effective 3/14/2023
78B-6-2501.
Definitions.
As used in this part:
(1) "Contamination claim" means a claim for which a government owner and the government owner's officers and employees have immunity under Subsection 63G-7-201(3)(b).
(2) "Government owner" means the same as that term is defined in Subsection 63G-7-201(3).
Enacted by Chapter 259, 2023 General Session
Technically renumbered to avoid duplication of newly enacted Chapter also in HB 328, Chapter 80.
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 25 - Claims to Which Immunity Applies › Section 2502 - Award of double attorney fees and costs.

Effective 3/14/2023
78B-6-2502.
Award of double attorney fees and costs.
If a person asserts a contamination claim against a government owner or an officer or employee of the government owner for which the government owner or officer or employee are found to be immune under Subsection 63G-7-201(3)(b), the court shall award the government owner or officer or employee double the attorney fees and costs incurred by the government owner or officer or employee in defending the claim.
Enacted by Chapter 259, 2023 General Session
Technically renumbered to avoid duplication of newly enacted Chapter also in HB 328, Chapter 80.
2023 Utah Code › Title 78B - Judicial Code › Chapter 7 - Protective Orders and Stalking Injunctions › Part 1 - General Provisions › Section 101 - Title.

Effective 7/1/2020
78B-7-101.
Title.
This chapter is known and may be cited as "Protective Orders and Stalking Injunctions."
Amended by Chapter 142, 2020 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 7 - Protective Orders and Stalking Injunctions › Part 1 - General Provisions › Section 104 - Venue of action for ex parte civil protective orders and civil protective orders.

Effective 5/4/2022
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 this chapter.
(2) An action for an ex parte civil protective order or civil protective order brought under this chapter shall be filed in the county where either party resides, is temporarily domiciled, or in which the action complained of took place.
Amended by Chapter 297, 2022 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 7 - Protective Orders and Stalking Injunctions › Part 1 - General Provisions › Section 105.5 - Forms for motions, criminal protective orders, and criminal stalking injunctions.

Effective 7/1/2020
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 injunction.
(b) The Administrative Office of the Courts shall:
(i) develop and adopt uniform forms for motions and protective orders and stalking injunctions described in Subsection (1)(a) in accordance with the provisions of this chapter; and
(ii) provide the forms to the clerk of each court authorized to issue the protective orders and stalking injunctions described in Subsection (1)(a).
(2) The forms described in Subsection (1)(b) shall include:
(a) language indicating the criminal penalty for a violation of a criminal protective order or criminal stalking injunction under this chapter;
(b) language indicating that a criminal protective order that is a continuous protective order may be modified or dismissed under this chapter; and
(c) a space to indicate whether the party to be protected is an intimate partner to the defendant or a child of an intimate partner to the defendant.
(3) A criminal protective order and criminal stalking injunction shall be issued in the form adopted by the Administrative Office of the Courts under Subsection (1)(b).
(4) Except for a jail release agreement and jail release court order, a criminal protective order that is issued shall, if applicable, include the following language:
"Respondent was afforded both notice and opportunity to be heard in the hearing that gave rise to this order. Pursuant to the Violence Against Women Act of 1994, P.L. 103-322, 108 Stat. 1796, 18 U.S.C. Sec. 2265, this order is valid in all the United States, the District of Columbia, tribal lands, and United States territories. This order complies with the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act."
Enacted by Chapter 142, 2020 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 7 - Protective Orders and Stalking Injunctions › Part 1 - General Provisions › Section 108 - Mutual protective orders.

Effective 9/1/2021
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 showing at a due process civil protective order hearing of abuse or domestic violence committed by the other party; and
(c) demonstrates the abuse or domestic violence did not occur in self-defense.
(2) If the court issues mutual civil 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 civil protective order to a petitioner who is the respondent or defendant subject to a protective order, child protective order, or ex parte child protective order:
(i) issued under:
(A)Title 77, Chapter 36, Cohabitant Abuse Procedures Act;
(B)Title 80, Utah Juvenile Code;
(C)Part 6, Cohabitant Abuse Protective Orders; or
(D)Part 8, Criminal Protective Orders; or
(ii) enforceable under Part 3, Uniform Interstate Enforcement of Domestic Violence Protection Orders Act.
(b) The court may grant a civil protective order to a 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 that issued the protective order, child protective order, or ex parte child protective order issues the civil protective order against the respondent; or
(B) if the matter is before a subsequent court, 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, child protective order, or ex parte child protective order.
Amended by Chapter 159, 2021 General Session
Amended by Chapter 262, 2021 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 7 - Protective Orders and Stalking Injunctions › Part 1 - General Provisions › Section 109 - Continuing duty to inform court of other proceedings -- Effect of other proceedings.

Effective 7/1/2020
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 juvenile court, and each criminal case involving either party, including the case name, the file number, and the county and state of the proceeding, if that information is known by the party.
(2)
(a) A civil protective order issued under this chapter is in addition to and not in lieu of any other available civil or criminal proceeding.
(b) A petitioner is not barred from seeking a civil protective order because of other pending proceedings.
(c) A court may not delay granting a civil protective order under this chapter because of the existence of a pending civil action between the parties.
(3) A petitioner may omit the petitioner's address from all documents filed with the court under this chapter, but shall separately provide the court with a mailing address that is not to be made part of the public record, but that may be provided to a peace officer or entity for service of process.
Amended by Chapter 142, 2020 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 7 - Protective Orders and Stalking Injunctions › Part 1 - General Provisions › Section 116 - Full faith and credit for foreign protection orders.

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.
(2)
(a) A person entitled to protection under a foreign protection order may file the order in any district court by filing with the court a certified copy of the order. A filing fee may not be required.
(b) The person filing the foreign protection order shall swear under oath in an affidavit, that to the best of the person's knowledge the order is presently in effect as written and the respondent was personally served with a copy of the order.
(c) The affidavit described in Subsection (2)(b) shall be in the form adopted by the Administrative Office of the Courts, consistent with its responsibilities to develop and adopt forms under Section 78B-7-105.
(d) The court where a foreign protection order is filed shall transmit a copy of the order to the statewide domestic violence network described in Section 78B-7-113.
(e) Upon inquiry by a law enforcement agency, the clerk of the district court shall make a copy of the foreign protection order available.
(f) After a foreign protection order is filed, the district court shall furnish a certified copy of the order to the person who filed the order.
(g) A filed foreign protection order that is inaccurate or is not currently in effect shall be corrected or removed from the statewide domestic violence network described in Section 78B-7-113.
(3) Law enforcement personnel may:
(a) rely upon a certified copy of any foreign protection order which has been provided to the peace officer by any source;
(b) rely on the statement of the person protected by the order that the order is in effect and the respondent was personally served with a copy of the order; or
(c) consider other information in determining whether there is probable cause to believe that a valid foreign protection order exists.
(4) A violation in Utah of a foreign protection order is subject to the same penalties as the violation of a protective order issued in Utah.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 7 - Protective Orders and Stalking Injunctions › Part 1 - General Provisions › Section 117 - Court order for transfer of wireless telephone number.

Effective 7/1/2020
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 issues a sentencing protective order or continuous protective order under Section 78B-7-804 or a cohabitant abuse protective order under Section 78B-7-603, the court may order the transfer of a wireless telephone number as provided in this section, if:
(a) the perpetrator is the account holder for the wireless telephone number;
(b) the number is assigned to a telephone that is primarily used by the victim or an individual who will reside with the victim during the time that the protective order or the order of protection is in effect; and
(c) the victim requests transfer of the wireless telephone number.
(3) An order transferring a wireless telephone number under this section shall:
(a) direct a wireless service provider to transfer the rights to, and the billing responsibility for, the wireless telephone number to the victim; and
(b) include the wireless telephone number to be transferred, the name of the transferee, and the name of the account holder.
(4) A wireless service provider shall comply with an order issued under this section, unless compliance is not reasonably possible due to:
(a) the account holder having already terminated the account;
(b) differences in network technology that prevent the victim's device from functioning on the network to which the number is to be transferred;
(c) geographic or other service availability constraints; or
(d) other barriers outside the control of the wireless service provider.
(5) A wireless service provider that fails to comply with an order issued under this section shall, within four business days after the day on which the wireless service provider receives the order, provide notice to the victim stating:
(a) that the wireless service provider is not able to reasonably comply with the order; and
(b) the reason that the wireless service provider is not able to reasonably comply with the order.
(6) The victim has full financial responsibility for each wireless telephone number transferred to the victim by an order under this section, beginning on the day on which the wireless telephone number is transferred, including monthly service costs and costs for any mobile device associated with the wireless telephone number.
(7) This section does not preclude a wireless service provider from applying standard requirements for account establishment to the victim when transferring financial responsibility under Subsection (6).
(8) A wireless service provider, and any officer, employee, or agent of the wireless service provider, is not civilly liable for action taken in compliance with an order issued under this section.
Renumbered and Amended by Chapter 142, 2020 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 7 - Protective Orders and Stalking Injunctions › Part 1 - General Provisions › Section 118 - Construction with Utah Rules of Civil Procedure.

Effective 7/1/2020
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.
Amended by Chapter 4, 2020 Special Session 5
2023 Utah Code › Title 78B - Judicial Code › Chapter 7 - Protective Orders and Stalking Injunctions › Part 1 - General Provisions › Section 119 - Duties of law enforcement -- Enforcement.

Effective 7/1/2020
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 served on the alleged perpetrator:
(1) an ex parte civil protective order;
(2) a civil protective order;
(3) an ex parte civil stalking injunction;
(4) a civil stalking injunction;
(5) a criminal protective order;
(6) a permanent criminal stalking injunction; or
(7) a foreign protective order enforceable under Part 3, Uniform Interstate Enforcement of Domestic Violence Protection Orders Act .
Enacted by Chapter 142, 2020 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 7 - Protective Orders and Stalking Injunctions › Part 1 - General Provisions › Section 120 - Law enforcement -- Training -- Domestic violence -- Lethality assessments.

Effective 5/3/2023
78B-7-120.
Law enforcement -- Training -- Domestic violence -- Lethality assessments.
(1) In accordance with Section 77-36-2.1, the Department of Public Safety shall:
(a) develop training in domestic violence responses and lethality assessment protocols that includes information on:
(i) recognizing the symptoms of domestic violence and trauma;
(ii) an evidence-based assessment to identify victims of domestic violence who may be at a high risk of being killed by a perpetrator;
(iii) lethality assessment protocols and interviewing techniques, including indicators of strangulation;
(iv) responding to the needs and concerns of a victim of domestic violence;
(v) delivering services to victims of domestic violence in a compassionate, sensitive, and professional manner; and
(vi) understanding cultural perceptions and common myths of domestic violence;
(b) develop and offer an online training course in domestic violence issues to all certified law enforcement officers in the state; and
(c) develop specific training curriculums for the trainings described in Subsections (1)(a) and (b) that include:
(i) information on responding to domestic violence incidents, including trauma-informed and victim-centered interview techniques;
(ii) lethality assessment protocols which have been demonstrated to minimize retraumatizing victims; and
(iii) standards for report writing.
(2) The Peace Officer Standards and Training Division shall incorporate training in domestic violence issues into training offered to all individuals seeking certification as a peace officer.
(3) The Department of Public Safety and the Administrative Office of the Courts shall coordinate to provide information and training on the lethality assessment protocols described in Section 77-36-2.1 to all judges, commissioners, and court staff who may encounter lethality assessment data in the courses of their duties.
Amended by Chapter 109, 2023 General Session
Amended by Chapter 447, 2023 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 7 - Protective Orders and Stalking Injunctions › Part 2 - Child Protective Orders › Section 201 - Definitions.

Effective 9/1/2021
78B-7-201.
Definitions.
As used in this chapter:
(1) "Abuse" means:
(a) physical abuse;
(b) sexual abuse;
(c) any sexual offense described in Title 76, Chapter 5b, Part 2, Sexual Exploitation; or
(d) human trafficking of a child for sexual exploitation under Section 76-5-308.5.
(2) "Child 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.
(3) "Court" means the district court or juvenile court.
(4) "Ex parte child protective order" means an order issued without notice to the respondent under this part.
(5) "Protective order" means:
(a) a child protective order; or
(b) an ex parte child protective order.
(6) All other terms have the same meaning as defined in Section 80-1-102.
Amended by Chapter 262, 2021 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 7 - Protective Orders and Stalking Injunctions › Part 2 - Child Protective Orders › Section 202 - Abuse or danger of abuse -- Child protective orders -- Ex parte child protective orders -- Guardian ad litem -- Referral to division.

Effective 9/1/2021
78B-7-202.
Abuse or danger of abuse -- Child protective orders -- Ex parte child protective orders -- Guardian ad litem -- Referral to division.
(1)
(a) Any interested person may file a petition for a protective order:
(i) on behalf of a child who is being abused or is in imminent danger of being abused by any individual; or
(ii) on behalf of a child who has been abused by an individual who is not the child's parent, stepparent, guardian, or custodian.
(b) Before filing a petition under Subsection (1)(a), the interested person shall make a referral to the division.
(2) Upon the filing of a petition described in Subsection (1), the clerk of the court shall:
(a) review the records of the juvenile court, the district court, and the management information system of the division to find any petitions, orders, or investigations related to the child or the parties to the case;
(b) request the records of any law enforcement agency identified by the petitioner as having investigated abuse of the child; and
(c) identify and obtain any other background information that may be of assistance to the court.
(3) If it appears from a petition for a protective order filed under Subsection (1)(a)(i) that the child is being abused or is in imminent danger of being abused, or it appears from a petition for a protective order filed under Subsection (1)(a)(ii) that the child has been abused, the court may:
(a) without notice, immediately issue an ex parte child protective order against the respondent if necessary to protect the child; or
(b) upon notice to the respondent, issue a child protective order after a hearing in accordance with Subsection 78B-7-203(5).
(4) The court may appoint an attorney guardian ad litem under Sections 78A-2-703 and 78A-2-803.
(5) This section does not prohibit a protective order from being issued against a respondent who is a child.
Amended by Chapter 262, 2021 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 7 - Protective Orders and Stalking Injunctions › Part 2 - Child Protective Orders › Section 203 - Hearings.

Effective 9/1/2021
78B-7-203.
Hearings.
(1)
(a) 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.
(b) If an ex parte child protective order is denied, the court, upon the request of the petitioner made within five days after the day on which the court makes the ex parte determination, shall schedule a hearing to be held within 21 days after the day on which the petitioner makes the request.
(2)
(a) The petition, ex parte child protective order, and notice of hearing shall be served on the respondent, the child's parent or guardian, and, if appointed, the guardian ad litem.
(b) The notice of hearing described in Subsection (2)(a) shall contain:
(i) the name and address of the individual to whom the notice is directed;
(ii) the date, time, and place of the hearing;
(iii) the name of the child on whose behalf a petition is being brought; and
(iv) a statement that an individual is entitled to have an attorney present at the hearing.
(3) The court shall provide an opportunity for any person having relevant knowledge to present evidence or information and may hear statements by counsel.
(4) An agent of the division served with a subpoena in compliance with the Utah Rules of Civil Procedure shall testify in accordance with the Utah Rules of Evidence.
(5) The court shall issue a child protective order if the court determines, based on a preponderance of the evidence, that:
(a) for a petition for a child protective order filed under Subsection 78B-7-202(1)(a)(i), the child is being abused or is in imminent danger of being abused; or
(b) for a petition for a protective order filed under Subsection 78B-7-202(1)(a)(ii), the child has been abused and the child protective order is necessary to protect the child.
(6) Except as provided in Section 80-3-404, a child protective order is not an adjudication of abuse, neglect, or dependency under Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings.
Amended by Chapter 159, 2021 General Session
Amended by Chapter 262, 2021 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 7 - Protective Orders and Stalking Injunctions › Part 2 - Child Protective Orders › Section 206 - Statewide domestic violence network.

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 any modifications to them on the statewide network established in Section 78B-7-113.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 7 - Protective Orders and Stalking Injunctions › Part 2 - Child Protective Orders › Section 207 - Forms and assistance -- No fees.

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) a knowing falsehood in any statement under oath may subject the petitioner to felony prosecution;
(b) the petitioner may provide a copy of the order to the principal of the minor's school; and
(c) the petitioner may enforce a court order through the court if the respondent violates or fails to comply with a provision of the order.
(2) If the petitioner is not represented, the clerk of the court shall provide, directly or through an agent:
(a) the forms adopted pursuant to Subsection (1);
(b) clerical assistance in completing the forms and filing the petition;
(c) information regarding means for service of process;
(d) a list of organizations with telephone numbers that may represent the petitioner; and
(e) information regarding the procedure for transporting a jailed or imprisoned respondent to hearings, including transportation order forms when necessary.
(3) No fee may be imposed by a court, constable, or law enforcement agency for:
(a) filing a petition under this chapter;
(b) obtaining copies necessary for service or delivery to law enforcement officials; or
(c) service of a petition, ex parte child protective order, or child protective order.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 7 - Protective Orders and Stalking Injunctions › Part 3 - Uniform Interstate Enforcement of Domestic Violence Protection Orders Act › Section 301 - Title.

78B-7-301.
Title.
This part is known as the "Uniform Interstate Enforcement of Domestic Violence Protection Orders Act."
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 7 - Protective Orders and Stalking Injunctions › Part 3 - Uniform Interstate Enforcement of Domestic Violence Protection Orders Act › Section 302 - Definitions.

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 protection order that includes provisions in favor of both the protected individual seeking enforcement of the order and the respondent.
(4) "Protected individual" means an individual protected by a protection order.
(5) "Protection order" means an injunction or other order, issued by a tribunal under the domestic violence, family-violence, or anti-stalking laws of the issuing state, to prevent an individual from engaging in violent or threatening acts against, harassment of, contact or communication with, or physical proximity to, another individual.
(6) "Respondent" means the individual against whom enforcement of a protection order is sought.
(7) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe or band that has jurisdiction to issue protection orders.
(8) "Tribunal" means a court, agency, or other entity authorized by law to issue or modify a protection order.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 7 - Protective Orders and Stalking Injunctions › Part 3 - Uniform Interstate Enforcement of Domestic Violence Protection Orders Act › Section 304 - Nonjudicial enforcement of order.

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 a tribunal of this state. Presentation of a protection order that identifies both the protected individual and the respondent and, on its face, is currently in effect constitutes probable cause to believe that a valid foreign protection order exists. For the purposes of this section, the protection order may be inscribed on a tangible medium or may have been stored in an electronic or other medium if it is retrievable in perceivable form. Presentation of a certified copy of a protection order is not required for enforcement.
(2) If a foreign protection order is not presented, a law enforcement officer of this state may consider other information in determining whether there is probable cause to believe that a valid foreign protection order exists.
(3) If a law enforcement officer of this state determines that an otherwise valid foreign protection order cannot be enforced because the respondent has not been notified or served with the order, the officer shall inform the respondent of the order, make a reasonable effort to serve the order upon the respondent, and allow the respondent a reasonable opportunity to comply with the order before enforcing the order.
(4) Registration or filing of an order in this state is not required for the enforcement of a valid foreign protection order pursuant to this part.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 7 - Protective Orders and Stalking Injunctions › Part 3 - Uniform Interstate Enforcement of Domestic Violence Protection Orders Act › Section 305 - Registration of order.

78B-7-305.
Registration of order.
Any individual may register a foreign protection order in this state under Section 78B-7-116.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 7 - Protective Orders and Stalking Injunctions › Part 3 - Uniform Interstate Enforcement of Domestic Violence Protection Orders Act › Section 306 - Immunity.

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 arising out of the registration or enforcement of a foreign protection order or the detention or arrest of an alleged violator of a foreign protection order if the act or omission was done in good faith in an effort to comply with this part.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 7 - Protective Orders and Stalking Injunctions › Part 3 - Uniform Interstate Enforcement of Domestic Violence Protection Orders Act › Section 307 - Other remedies.

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.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 7 - Protective Orders and Stalking Injunctions › Part 3 - Uniform Interstate Enforcement of Domestic Violence Protection Orders Act › Section 308 - Uniformity of application and construction.

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.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 7 - Protective Orders and Stalking Injunctions › Part 3 - Uniform Interstate Enforcement of Domestic Violence Protection Orders Act › Section 309 - Severability clause.

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 to this end the provisions of this part are severable.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 7 - Protective Orders and Stalking Injunctions › Part 3 - Uniform Interstate Enforcement of Domestic Violence Protection Orders Act › Section 310 - Transitional provision.

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 1, 2006 for violations of a foreign protection order occurring before July 1, 2006 is governed by this part.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 7 - Protective Orders and Stalking Injunctions › Part 4 - Dating Violence Protective Orders › Section 402 - Definitions.

Effective 7/1/2020
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 order issued without notice to the respondent under this part.
(3) "Protective order" means:
(a) a dating violence protective order; or
(b) an ex parte dating violence protective order.
Amended by Chapter 142, 2020 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 7 - Protective Orders and Stalking Injunctions › Part 4 - Dating Violence Protective Orders › Section 403 - Abuse or danger of abuse -- Dating violence protective orders.

Effective 7/1/2020
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:
(a) abuse by a dating partner of the individual; or
(b) dating violence by a dating partner of the individual.
(2) An individual may seek an order described in Subsection (1) whether or not the individual has taken other action to end the relationship.
(3) An individual seeking a protective order may include another party in the petition for a protective order if:
(a) the individual seeking the order meets the requirements of Subsection (1); and
(b) the other party:
(i) is a family or household member of the individual seeking the protective order; and
(ii) there is a substantial likelihood the other party will be subjected to abuse by the dating partner of the individual.
(4) An individual seeking a protective order under this part shall, to the extent possible, provide information to facilitate identification of the respondent, including a name, social security number, driver license number, date of birth, address, telephone number, and physical description.
(5) A petition seeking a protective order under this part may not be withdrawn without written order of the court.
(6)
(a) An individual may not seek a protective order against an intimate partner of the individual under this part.
(b) An individual may seek a protective order against a cohabitant or an intimate partner of the individual under Part 6, Cohabitant Abuse Protective Orders.
Amended by Chapter 142, 2020 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 7 - Protective Orders and Stalking Injunctions › Part 4 - Dating Violence Protective Orders › Section 407 - Penalties.

Effective 7/1/2020
78B-7-407.
Penalties.
A violation of a protective order issued under this part is a class A misdemeanor.
Amended by Chapter 142, 2020 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 7 - Protective Orders and Stalking Injunctions › Part 4 - Dating Violence Protective Orders › Section 408 - Duties of law enforcement officers -- Notice to victims.

Effective 5/5/2021
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:
(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) confiscating the weapon or weapons involved in the alleged dating violence;
(c) making arrangements for the victim and any child to obtain emergency housing or shelter;
(d) providing protection while the victim removes essential personal effects;
(e) arranging, facilitating, or providing for the victim and any child to obtain medical treatment; and
(f) arranging, facilitating, or providing the victim with immediate and adequate notice of the rights of victims and of the remedies and services available to victims of dating 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 chapter.
(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.
(3) If a weapon is confiscated under this section, the law enforcement agency shall return the weapon to the individual from whom the weapon is confiscated if a dating protective order is not issued or once the dating protective order is terminated.
Amended by Chapter 159, 2021 General Session