Utah Code § 78B-7-409

Mutual dating violence protective orders
Open in Lexace · Ask the AI about this section
(1) A court may not grant a mutual order or mutual dating violence protective orders to opposing
parties, unless each party:
(a) files an independent petition against the other for a dating violence protective order, and both
petitions are served;
(b) makes a showing at a due process dating violence protective order hearing of abuse or dating
violence committed by the other party; and
(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:
(i) 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 80, Utah Juvenile Code;
(ii) an ex parte civil protective order issued under Part 2, Child Protective Orders; or
(iii) 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)(i) or (ii).

‹ Prev All Utah sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.