Utah Code § 78B-7-605

Current through the 2024 Fourth Special Session
Section 78B-7-605 - Dismissal
(1) Except as otherwise provided in Subsection 78B-7-603(10) concerning the criminal provisions of a cohabitant abuse protective order, 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.

Utah Code § 78B-7-605

Amended by Chapter 215, 2024 General Session ,§ 1, eff. 5/1/2024.
Amended by Chapter 159, 2021 General Session ,§ 18, eff. 5/5/2021.
Renumbered from § 78B-7-115 and amended by Chapter 142, 2020 General Session ,§ 53, eff. 7/1/2020.
Amended by Chapter 263, 2019 General Session ,§ 1, eff. 5/14/2019.
Amended by Chapter 255, 2018 General Session ,§ 13, eff. 5/8/2018.
Amended by Chapter 332, 2017 General Session ,§ 10, eff. 5/9/2017.
Amended by Chapter 196, 2016 General Session ,§ 1, eff. 5/10/2016.
Amended by Chapter 232, 2009 General Session