Utah statute
Utah Code Ann. § 78B-7-108 — Mutual protective orders.
Current through 2026 General Session
Part of Part 1: General Provisions, Utah Code.
Full text of Utah Code Ann. § 78B-7-108
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 civil protective orders to opposing parties, unless each party: (1)(a) files an independent petition against the other for a civil protective order, and both petitions are served; (1)(b) makes a showing at a due process civil protective order hearing of abuse or domestic violence committed by the other party; and (1)(c) demonstrates the abuse or domestic violence did not occur in self-defense. (2) If the court issues mutual civil 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 civil protective order to a petitioner who is the respondent or defendant subject to a protective order, child protective order, or ex parte child protective order: (3)(a)(i) issued under: (3)(a)(i)(A) Title 77, Chapter 36, Cohabitant Abuse Procedures Act; (3)(a)(i)(B) Title 80, Utah Juvenile Code; (3)(a)(i)(C) Part 6, Cohabitant Abuse Protective Orders; or (3)(a)(i)(D) Part 8, Criminal Protective Orders; or (3)(a)(ii) enforceable under Part 3, Uniform Interstate Enforcement of Domestic Violence Protection Orders Act. (3)(b) The court may grant a civil protective order to a 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 that issued the protective order, child protective order, or ex parte child protective order issues the civil protective order against the respondent; or (3)(b)(ii)(B) if the matter is before a subsequent court, 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, child protective order, or ex parte child protective order.
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