Enrolled Copy S.B. 228
1 PROTECTIVE ORDER AMENDMENTS
2024 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Todd D. Weiler House Sponsor: Ken Ivory
2
3 LONG TITLE
4 General Description:
5 This bill addresses cohabitant abuse protective orders.
6 Highlighted Provisions:
7 This bill:
8 ▸ clarifies when a court may amend or dismiss the criminal provisions of a cohabitant
9 abuse protective order.
10 Money Appropriated in this Bill:
11 None
12 Other Special Clauses:
13 None
14 Utah Code Sections Affected:
15 AMENDS:
16 78B-7-605, as last amended by Laws of Utah 2021, Chapter 159
17
18 Be it enacted by the Legislature of the state of Utah:
19 Section 1. Section 78B-7-605 is amended to read:
20 78B-7-605 . Dismissal.
21 (1) [The] Except as otherwise provided in Subsection 78B-7-603(10) concerning the
22 criminal provisions of a cohabitant abuse protective order, the court may amend or
23 dismiss a protective order issued in accordance with this part that has been in effect for
24 at least one year if the court finds that:
25 (a) the basis for the issuance of the protective order no longer exists;
26 (b) the petitioner has repeatedly acted in contravention of the protective order provisions
27 to intentionally or knowingly induce the respondent to violate the protective order;
28 and
 S.B. 228 Enrolled Copy
29 (c) the petitioner's actions demonstrate that the petitioner no longer has a reasonable fear
30 of the respondent.
31 (2) The court shall enter sanctions against either party if the court determines that either
32 party acted:
33 (a) in bad faith; or
34 (b) with intent to harass or intimidate the other party.
35 (3) If a divorce proceeding is pending between parties to a protective order action, the court
36 shall dismiss the protective order when the court issues a decree of divorce for the
37 parties if:
38 (a) the respondent files a motion to dismiss a protective order in both the divorce action
39 and the protective order action and personally serves the petitioner; and
40 (b) (i) the parties stipulate in writing or on the record to dismiss the protective order;
41 or
42 (ii) based on evidence at the divorce trial, the court determines that the petitioner no
43 longer has a reasonable fear of future harm, abuse, or domestic violence.
44 (4) When the court dismisses a protective order, the court shall immediately:
45 (a) issue an order of dismissal to be filed in the protective order action; and
46 (b) transmit a copy of the order of dismissal to the statewide domestic violence network
47 as described in Section 78B-7-113.
48 Section 2. Effective date.
49 This bill takes effect on May 1, 2024.
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Statutes affected:
Introduced: 78B-7-605
Enrolled: 78B-7-605