Utah statute
Utah Code Ann. § 78B-7-409 — Mutual dating violence protective orders.
Current through 2026 General Session
Part of Part 4: Dating Violence Protective Orders, Utah Code.
Full text of Utah Code Ann. § 78B-7-409
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) A court may not grant a mutual order or mutual dating violence protective orders to opposing parties, unless each party: (1)(a) files an independent petition against the other for a dating violence protective order, and both petitions are served; (1)(b) makes a showing at a due process dating violence protective order hearing of abuse or dating violence committed by the other party; and (1)(c) demonstrates the abuse or dating violence did not occur in self-defense. (2) If the court issues mutual dating violence 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) 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: (3)(a)(i) a civil protective order that is issued under: (3)(a)(i)(A) this part; (3)(a)(i)(B) Part 2, Child Protective Orders; (3)(a)(i)(C) Part 6, Cohabitant Abuse Protective Orders; (3)(a)(i)(D) Part 8, Criminal Protective Orders; or (3)(a)(i)(E) Title 80, Utah Juvenile Code; (3)(a)(ii) an ex parte civil protective order issued under Part 2, Child Protective Orders; or (3)(a)(iii) a foreign protection order enforceable under Part 3, Uniform Interstate Enforcement of Domestic Violence Protection Orders Act. (3)(b) The court may issue a protective order to a civil petitioner described in Subsection (3)(a) if: (3)(b)(i) the court determines that the requirements of Subsection (1) are met; and (3)(b)(ii)(A) the same court issued the protective order against the respondent; or (3)(b)(ii)(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)(i) or (ii).
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