Title 78B - Judicial Code - Chapter 7 - Protective Orders (Superseded 7/1/2020) - Part 5 - Sexual Violence Protection Act (Superseded 7/1/2020) - Section 803 - Pretrial protective orders. (Effective 7/1/2020)


Published: 2020-07-01

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Utah Code

Page 1

Effective 7/1/2020 Superseded 5/5/2021 78B-7-803 Pretrial protective orders. (1)

(a) When a defendant is charged with a crime involving a qualifying offense, the court shall, at the time of the defendant's court appearance under Section 77-36-2.6:

(i) determine the necessity of imposing a pretrial protective order or other condition of pretrial release; and

(ii) state the court's findings and determination in writing. (b) In any criminal case, the court may, during any court hearing where the defendant is present,

issue a pretrial protective order, pending trial. (2) A court may include any of the following provisions in a pretrial protective order:

(a) an order enjoining the defendant from threatening to commit or committing acts of domestic violence or abuse against the victim and any designated family or household member;

(b) an order prohibiting the defendant from harassing, telephoning, contacting, or otherwise communicating with the victim, directly or indirectly;

(c) an order removing and excluding the defendant from the victim's residence and the premises of the residence;

(d) an order requiring the defendant to stay away from the victim's residence, school, or place of employment, and the premises of any of these, or any specified place frequented by the victim and any designated family member;

(e) an order for any other relief that the court considers necessary to protect and provide for the safety of the victim and any designated family or household member;

(f) an order identifying and requiring an individual designated by the victim to communicate between the defendant and the victim if and to the extent necessary for family related matters;

(g) an order requiring the defendant to participate in an electronic or other type of monitoring program; and

(h) if the alleged victim and the defendant share custody of one or more minor children, an order for indirect or limited contact to temporarily facilitate parent visitation with a minor child.

(3) When issuing a pretrial protective order, the court shall determine whether to allow provisions for transfer of personal property to decrease the need for contact between the parties.