Title 78B - Judicial Code - Chapter 7 - Protective Orders (Superseded 7/1/2020) - Part 5 - Sexual Violence Protection Act (Superseded 7/1/2020) - Section 702 - Mutual civil stalking injunctions. (Effective 7/1/2020)

Published: 2020-07-01

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Utah Code

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Effective 7/1/2020 Superseded 9/1/2021 78B-7-702 Mutual civil stalking injunctions.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 78A, Chapter 6, Juvenile Court Act;

(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).