Utah statute
Utah Code Ann. § 78B-7-208 — Falsification of information.
Current through 2026 General Session
Part of Part 2: Child Protective Orders, Utah Code.
Amendment pending: a new version of this section takes effect Wed May 05 2027 00:00:00 GMT+0000 (Coordinated Universal Time).
Full text of Utah Code Ann. § 78B-7-208
Statutory text current through the 2026 General Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Utah.
(1) If a petitioner files a petition with a court for a protective order, the respondent may file a motion with the court alleging that the petitioner knowingly falsified a material statement or material information for the purpose of obtaining the protective order. (2) A respondent may only make the motion described in Subsection (1) within 60 days after the day of the hearing on the petition for the protective order. (3) To prevail on a motion described in Subsection (1), the respondent shall prove the allegation by clear and convincing evidence. (4) The court may award reasonable attorney fees and costs to the party that prevails on the motion described in Subsection (1). (5) If the respondent prevails on the motion described in Subsection (1) and the petitioner and respondent to the protective order proceeding are the child's parents: (5)(a) the court may order counseling for the child with a mental health therapist, as defined in Section 58-60-102, chosen by the respondent, for up to 20 sessions at the discretion of the mental health therapist; and (5)(b) the respondent may file a motion or petition with the court with jurisdiction to modify parent-time to award make-up parent-time in accordance with Subsection 81-9-208(12).
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