Title 78B - Judicial Code - Chapter 7 - Protective Orders (Superseded 7/1/2020) - Part 1 - Cohabitant Abuse Act (Superseded 7/1/2020) - Section 108 - Mutual protective orders.


Published: 2018-05-08

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Utah Code

Page 1

Effective 5/8/2018 Superseded 5/5/2021 78B-7-108 Mutual protective orders. (1) A court may not grant a mutual order or mutual orders for protection to opposing parties, unless

each party: (a) files an independent petition against the other for a protective order, and both petitions are

served; (b) makes a showing at a due process 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 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 court may not grant an order for protection to a civil petitioner who is the respondent or defendant subject to a protective order, child protective order, or ex parte child protective order:

(a) issued under: (i) a foreign protection order enforceable under Chapter 7, Part 3, Uniform Interstate

Enforcement of Domestic Violence Protection Orders Act; (ii)Title 77, Chapter 36, Cohabitant Abuse Procedures Act; (iii)Title 78A, Chapter 6, Juvenile Court Act; or (iv)Chapter 7, Part 1, Cohabitant Abuse Act; and

(b) unless the court determines that the requirements of Subsection (1) are met, and: (i) the same court issued the order for protection against the respondent; or (ii) if the matter is before a subsequent court, the subsequent court:

(A) determines it would be impractical for the original court to consider the matter; or (B) confers with the court that issued the order for protection.