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Protective Orders Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Todd Weiler
House Sponsor:
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LONG TITLE
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General Description:
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This bill addresses protective orders.
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Highlighted Provisions:
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This bill:
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▸ defines terms for cohabitant abuse protective orders;
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▸ provides that a court may treat a petition for a protective order as a request for a no-fault
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cohabitant abuse protective order only if the petitioner and the respondent agree to the
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order and the terms of the order;
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▸ allows a court to grant a no-fault cohabitant abuse protective order if the parties agree to
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the terms of the order;
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▸ addresses the modification of a no-fault cohabitant abuse protective order;
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▸ requires a no-fault cohabitant abuse protective order include a credible threat finding;
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▸ provides that a no-fault cohabitant abuse protective order may not be introduced as
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evidence in a civil or criminal proceeding that the respondent committed domestic
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violence or abuse;
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▸ clarifies that a no-fault cohabitant abuse protective order does not prevent a petitioner
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from obtaining an ex parte cohabitant abuse protective order or a cohabitant abuse
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protective order;
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▸ modifies a cross-reference regarding the provisions of a cohabitant abuse protective order
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that are civil offenses; and
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▸ makes technical and conforming changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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78B-7-102, as last amended by Laws of Utah 2023, Chapter 170
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78B-7-117, as renumbered and amended by Laws of Utah 2020, Chapter 142
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78B-7-601, as enacted by Laws of Utah 2020, Chapter 142
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78B-7-603, as last amended by Laws of Utah 2023, Chapter 330
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 78B-7-102 is amended to read:
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78B-7-102 . Definitions.
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As used in this chapter:
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(1) "Abuse" means, except as provided in Section 78B-7-201, intentionally or knowingly
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causing or attempting to cause another individual physical harm or intentionally or
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knowingly placing another individual in reasonable fear of imminent physical harm.
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(2) "Affinity" means the same as that term is defined in Section 76-1-101.5.
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(3) "Child" means an individual who is younger than 18 years old.
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[(3)] (4) "Civil protective order" means an order issued, subsequent to a hearing on the
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petition, of which the petitioner and respondent have been given notice, under:
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(a) Part 2, Child Protective Orders;
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(b) Part 4, Dating Violence Protective Orders;
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(c) Part 5, Sexual Violence Protective Orders;
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(d) Part 6, Cohabitant Abuse Protective Orders; or
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(e) Part 11, Workplace Violence Protective Orders.
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[(4)] (5) "Civil stalking injunction" means a stalking injunction issued under Part 7, Civil
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Stalking Injunctions.
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[(5)] (6)(a) "Cohabitant" means an emancipated individual under Section 15-2-1 or an
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individual who is 16 years old or older who:
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(i) is or was a spouse of the other party;
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(ii) is or was living as if a spouse of the other party;
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(iii) is related by blood or marriage to the other party as the individual's parent,
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grandparent, sibling, or any other individual related to the individual by
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consanguinity or affinity to the second degree;
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(iv) has or had one or more children in common with the other party;
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(v) is the biological parent of the other party's unborn minor child;
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(vi) resides or has resided in the same residence as the other party; or
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(vii) is or was in a consensual sexual relationship with the other party.
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(b) "Cohabitant" does not include:
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(i) the relationship of natural parent, adoptive parent, or step-parent to a minor child;
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or
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(ii) the relationship between natural, adoptive, step, or foster siblings who are under
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18 years old.
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[(6)] (7) "Consanguinity" means the same as that term is defined in Section 76-1-101.5.
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[(7)] (8) "Criminal protective order" means an order issued under Part 8, Criminal Protective
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Orders.
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[(8)] (9) "Criminal stalking injunction" means a stalking injunction issued under Part 9,
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Criminal Stalking Injunctions.
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[(9)] (10) "Court clerk" means a district court clerk.
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[(10)] (11)(a) "Dating partner" means an individual who:
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(i)(A) is an emancipated individual under Section 15-2-1 or Title 80, Chapter 7,
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Emancipation; or
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(B) is 18 years old or older; and
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(ii) is, or has been, in a dating relationship with the other party.
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(b) "Dating partner" does not include an intimate partner.
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[(11)] (12)(a) "Dating relationship" means a social relationship of a romantic or intimate
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nature, or a relationship which has romance or intimacy as a goal by one or both
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parties, regardless of whether the relationship involves sexual intimacy.
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(b) "Dating relationship" does not include casual fraternization in a business,
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educational, or social context.
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(c) In determining, based on a totality of the circumstances, whether a dating
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relationship exists:
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(i) all relevant factors shall be considered, including:
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(A) whether the parties developed interpersonal bonding above a mere casual
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fraternization;
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(B) the length of the parties' relationship;
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(C) the nature and the frequency of the parties' interactions, including
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communications indicating that the parties intended to begin a dating
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relationship;
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(D) the ongoing expectations of the parties, individual or jointly, with respect to
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the relationship;
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(E) whether, by statement or conduct, the parties demonstrated an affirmation of
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their relationship to others; and
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(F) whether other reasons exist that support or detract from a finding that a dating
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relationship exists; and
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(ii) it is not necessary that all, or a particular number, of the factors described in
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Subsection (11)(c)(i) are found to support the existence of a dating relationship.
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(13) "Dating violence" means:
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(a) a criminal offense involving violence or physical harm, or threat of violence or
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physical harm, when committed by an individual against a dating partner; or
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(b) an attempt, a conspiracy, or a solicitation by an individual to commit a criminal
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offense involving violence or physical harm against a dating partner of the individual.
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[(12)] (14) "Domestic violence" means the same as that term is defined in Section 77-36-1.
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[(13)] (15) "Ex parte civil protective order" means an order issued without notice to the
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respondent under:
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(a) Part 2, Child Protective Orders;
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(b) Part 4, Dating Violence Protective Orders;
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(c) Part 5, Sexual Violence Protective Orders;
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(d) Part 6, Cohabitant Abuse Protective Orders; or
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(e) Part 11, Workplace Violence Protective Orders.
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[(14)] (16) "Ex parte civil stalking injunction" means a stalking injunction issued without
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notice to the respondent under Part 7, Civil Stalking Injunctions.
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[(15)] (17) "Foreign protection order" means the same as that term is defined in Section
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78B-7-302.
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[(16)] (18) "Household animal" means an animal that is tamed and kept as a pet.
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[(17)] (19) "Intimate partner" means the same as that term is defined in 18 U.S.C. Sec. 921.
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[(18)] (20) "Law enforcement unit" or "law enforcement agency" means any public agency
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having general police power and charged with making arrests in connection with
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enforcement of the criminal statutes and ordinances of this state or any political
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subdivision.
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(21) "Minor child" means the same as that term is defined in Section 81-1-101.
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[(19)] (22) "Peace officer" means those individuals specified in Title 53, Chapter 13, Peace
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Officer Classifications.
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[(20)] (23) "Qualifying domestic violence offense" means the same as that term is defined in
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Section 77-36-1.1.
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[(21)] (24) "Respondent" means the individual against whom enforcement of a protective
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order is sought.
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[(22)] (25) "Stalking" means the same as that term is defined in Section 76-5-106.5.
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Section 2. Section 78B-7-117 is amended to read:
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78B-7-117 . Court order for transfer of wireless telephone number.
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(1) As used in this section, "wireless service provider" means a provider of commercial
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mobile service under Section 332(d) of the Federal Telecommunications Act of 1996.
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(2) At or after the time that a court issues a sentencing protective order or continuous
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protective order under Section 78B-7-804 or a cohabitant abuse protective order or
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no-fault cohabitant abuse protective order under Section 78B-7-603, the court may order
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the transfer of a wireless telephone number as provided in this section[,] if:
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(a) the perpetrator is the account holder for the wireless telephone number;
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(b) the number is assigned to a telephone that is primarily used by the victim or an
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individual who will reside with the victim during the time that the protective order or
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the order of protection is in effect; and
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(c) the victim requests transfer of the wireless telephone number.
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(3) An order transferring a wireless telephone number under this section shall:
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(a) direct a wireless service provider to transfer the rights to, and the billing
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responsibility for, the wireless telephone number to the victim; and
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(b) include the wireless telephone number to be transferred, the name of the transferee,
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and the name of the account holder.
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(4) A wireless service provider shall comply with an order issued under this section, unless
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compliance is not reasonably possible due to:
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(a) the account holder having already terminated the account;
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(b) differences in network technology that prevent the victim's device from functioning
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on the network to which the number is to be transferred;
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(c) geographic or other service availability constraints; or
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(d) other barriers outside the control of the wireless service provider.
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(5) A wireless service provider that fails to comply with an order issued under this section
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shall, within four business days after the day on which the wireless service provider
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receives the order, provide notice to the victim stating:
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(a) that the wireless service provider is not able to reasonably comply with the order; and
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(b) the reason that the wireless service provider is not able to reasonably comply with
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the order.
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(6) The victim has full financial responsibility for each wireless telephone number
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transferred to the victim by an order under this section, beginning on the day on which
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the wireless telephone number is transferred, including monthly service costs and costs
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for any mobile device associated with the wireless telephone number.
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(7) This section does not preclude a wireless service provider from applying standard
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requirements for account establishment to the victim when transferring financial
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responsibility under Subsection (6).
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(8) A wireless service provider, and any officer, employee, or agent of the wireless service
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provider, is not civilly liable for action taken in compliance with an order issued under
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this section.
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Section 3. Section 78B-7-601 is amended to read:
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78B-7-601 . Definitions.
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As used in this part:
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(1) "Cohabitant abuse protective order" means an order issued by a court under this part
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after a hearing on the petition[, of] for which the petitioner and respondent have been
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given notice.
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(2) "Ex parte cohabitant abuse protective order" means an order issued under this part
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without notice to the respondent[ under this part].
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(3) "No-fault cohabitant abuse protective order" means an order issued under this part by a
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court, in accordance with Subsection 78B-7-603(4), without a finding by the court that
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the respondent has committed, or will commit, domestic violence or abuse.
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[(3)] (4) "Protective order" means:
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(a) a cohabitant abuse protective order;[ or]
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(b) an ex parte cohabitant abuse protective order[.] ; or
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(c) a no-fault cohabitant abuse protective order.
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Section 4. Section 78B-7-603 is amended to read:
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78B-7-603 . Cohabitant abuse protective orders -- Ex parte cohabitant abuse
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protective orders -- Modification of orders -- Service of process -- Duties of the court.
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(1) If it appears from a petition for a protective order or a petition to modify a protective
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order that domestic violence or abuse has occurred, that there is a substantial likelihood
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domestic violence or abuse will occur, or that a modification of a protective order is
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required, a court may:
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(a) without notice, immediately issue an ex parte cohabitant abuse protective order or
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modify a protective order ex parte as the court considers necessary to protect the
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petitioner and all parties named to be protected in the petition; or
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(b) upon notice, issue a protective order or modify [an] a protective order after a hearing,
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regardless of whether the respondent appears.
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(2) A court may grant the following relief, without notice[ in a protective order or a
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modification issued ex parte] , in an ex parte cohabitant abuse protective order or an ex
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parte modification of a protective order:
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(a) enjoin the respondent from threatening to commit domestic violence or abuse,
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committing domestic violence or abuse, or harassing the petitioner or any designated
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family or household member;
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(b) prohibit the respondent from telephoning, contacting, or otherwise communicating
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with the petitioner or any designated family or household member, directly or
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indirectly, with the exception of any parent-time provisions in the ex parte order;
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(c) subject to Subsection (2)(e), prohibit the respondent from being within a specified
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distance of the petitioner;
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(d) subject to Subsection (2)(e), order that the respondent is excluded from and is to stay
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away from the following places and their premises:
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(i) the petitioner's residence or any designated family or household member's
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residence;
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(ii) the petitioner's school or any designated family or household member's school;
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(iii) the petitioner's or any designated family or household member's place of
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employment;
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(iv) the petitioner's place of worship or any designated family or household member's
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place of worship; or
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(v) any specified place frequented by the petitioner or any designated family or
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household member;
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(e) if the petitioner or designated family or household member attends the same school
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as the respondent, is employed at the same place of employment as the respondent, or
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attends the same place of worship, the court:
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(i) may not enter an order under Subsection (2)(c) or (d) that excludes the respondent
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from the respondent's school, place of employment, or place of worship; and
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(ii) may enter an order governing the respondent's conduct at the respondent's school,
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place of employment, or place of worship;
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(f) upon finding that the respondent's use or possession of a weapon may pose a serious
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threat of harm to the petitioner, prohibit the respondent from purchasing, using, or
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possessing a firearm or other weapon specified by the court;
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(g) order possession and use of an automobile and other essential personal effects, and
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direct the appropriate law enforcement officer to accompany the petitioner to the
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residence of the parties to ensure that the petitioner is safely restored to possession of
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the residence, automobile, and other essential personal effects, or to supervise the
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petitioner's or respondent's removal of personal belongings;
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(h) order the respondent to maintain an existing wireless telephone contract or account;
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(i) grant to the petitioner or someone other than the respondent temporary custody of a
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minor child of the parties;
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(j) order the appointment of an attorney guardian ad litem under Sections 78A-2-703 and
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78A-2-803;
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(k) prohibit the respondent from physically injuring, threatening to injure, or taking
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possession of a household animal that is owned or kept by the petitioner;
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(l) prohibit the respondent from physically injuring or threatening to injure a household
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animal that is owned or kept by the respondent;
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(m) order any further relief that the court considers necessary to provide for the safety
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and welfare of the petitioner and any designated family or household member; and
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(n) if the petition requests child support or spousal support, at the hearing on the petition
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order both parties to provide verification of current income, including year-to-date
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pay stubs or employer statements of year-to-date or other period of earnings, as
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specified by the court, and complete copies of tax returns from at least the most
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recent year.
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(3) A court may grant the following relief in a cohabitant abuse protective order or a
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modification of [an] a cohabitant abuse protective order after notice and hearing,
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regardless of whether the respondent appears:
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(a) grant the relief described in Subsection (2);[ and]
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(b) order the transfer of a wireless telephone number in accordance with Section
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78B-7-117; and
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[(b)] (c) specify arrangements for parent-time of any minor child by the respondent and
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require supervision of that parent-time by a third party or deny parent-time if
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necessary to protect the safety of the petitioner or minor child.
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[(4) In addition to the relief granted under Subsection (3), the court may order the transfer
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of a wireless telephone number in accordance with Section 78B-7-117.]
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(4)(a) A court may treat a petition for a protective order as a request for a no-fault
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cohabitant abuse protective order only if the petitioner and the respondent agree to
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the entry of a no-fault cohabitant abuse protective order and the terms of the order.
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(b)(i) Except as provided in Subsection (4)(b)(ii), the court may grant a no-fault
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cohabitant abuse protective order containing any of the relief described in
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Subsection (2) or (3) to which the parties agree.
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(ii) A court may not issue mutual no-fault cohabitant abuse protective orders to
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opposing parties.
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(c) A court may modify a no-fault cohabitant abuse protective order without holding a
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hearing if the petitioner and the respondent agree to the modification.
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(d) If the petitioner and the respondent fail to agree to a modification of a no-fault
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cohabitant abuse protective order, the court may modify the no-fault cohabitant abuse
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protective order after holding a hearing and providing notice to the parties of the
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hearing.
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(e) For purposes of 18 U.S.C. Sec. 922(g)(8), a no-fault cohabitant abuse protective
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order shall include a finding as to whether the respondent represents a credible threat
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to the physical safety of the petitioner or the petitioner's or respondent's minor child.
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(f)(i) If the court issues a no-fault cohabitant abuse protective order as described in
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this Subsection (4), the no-fault cohabitant abuse protective order may not be
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introduced in a civil or criminal proceeding as evidence that the respondent
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committed domestic violence or abuse.
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(ii) Subsection (4)(f)(i) does not preclude:
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(A) a party from introducing other evidence of domestic violence or abuse in
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another civil proceeding or a criminal proceeding; or
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(B) a court from considering other evidence of abuse and domestic violence in a
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proceeding regarding custody and parent-time of a minor child as described in
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Section 81-9-204.
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(g) Nothing in this Subsection (4) prevents a petitioner from obtaining an ex parte
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cohabitant abuse protective order or a cohabitant abuse protective order under this
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part.
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(5) [Following the cohabitant abuse protective order hearing] Upon issuance of a cohabitant
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abuse protective order or a no-fault cohabitant abuse protective order, the court shall:
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(a) as soon as possible, deliver the order to the county sheriff for service of process;
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(b) make reasonable efforts to ensure that the [cohabitant abuse protective ]order is
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understood by the petitioner[,] and the respondent[,] if present;
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(c) transmit electronically, by the end of the next business day after the order is issued, a
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copy of the [cohabitant abuse protective ]order to the local law enforcement agency
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or agencies designated by the petitioner;
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(d) transmit a copy of the order to the statewide domestic violence network described in
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Section 78B-7-113; and
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(e) if the individual is a respondent or defendant subject to a court order that meets the
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qualifications outlined in 18 U.S.C. Sec. 922(g)(8), transmit within 48 hours,
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excluding Saturdays, Sundays, and legal holidays, a record of the order to the Bureau
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of Criminal Identification that includes:
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(i) an agency record identifier;
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(ii) the individual's name, sex, race, and date of birth;
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(iii) the issue date, conditions, and expiration date for the protective order; and
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(iv) if available, the individual's social security number, government issued driver
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license or identification number, alien registration number, government passport
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number, state identification number, or FBI number.
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(6) Each protective order shall include two separate portions, one for provisions, the
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violation of which are criminal offenses, and one for provisions, the violation of which
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are civil offenses, as follows:
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(a) criminal offenses are those under Subsections (2)(a) through (g), and under
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Subsection (3)(a) as it refers to Subsections (2)(a) through (g); and
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(b) civil offenses are those under Subsections (2)(h) through [(l)] (n), Subsection (3)(a)
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as it refers to Subsections (2)(h) through [(l)] (n), and Subsection [(3)(b)] (3)(c).
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(7) Child support and spouse support orders issued as part of a protective order are subject
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to mandatory income withholding under Title 26B, Chapter 9, Part 3, Income
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Withholding in IV-D Cases, and Title 26B, Chapter 9, Part 4, Income Withholding in
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Non IV-D Cases, except when the protective order is issued ex parte.
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(8)(a) The county sheriff that receives the order from the court, under Subsection (5),
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shall provide expedited service for protective orders issued in accordance with this
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part, and shall transmit verification of service of process, when the order has been
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served, to the statewide domestic violence network described in Section 78B-7-113.
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(b) This section does not prohibit any law enforcement agency from providing service of
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process if that law enforcement agency:
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(i) has contact with the respondent and service by that law enforcement agency is
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possible; or
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(ii) determines that under the circumstances, providing service of process on the
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respondent is in the best interests of the petitioner.
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(9)(a) When [an] a protective order is served on a respondent in a jail or other holding
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facility, the law enforcement agency managing the facility shall make a reasonable
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effort to provide notice to the petitioner at the time the respondent is released from
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incarceration.
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(b) Notification of the petitioner shall consist of a good faith reasonable effort to provide
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notification, including mailing a copy of the notification to the last-known address of
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the victim.
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(10) A court may modify or vacate a protective order or any provisions in the protective
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order after notice and hearing, except that the criminal provisions of a cohabitant abuse
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protective order or a no-fault cohabitant abuse protective order may not be vacated
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within two years of issuance unless the petitioner:
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(a) is personally served with notice of the hearing, as provided in the Utah Rules of Civil
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Procedure, and the petitioner personally appears, in person or through court video
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conferencing, before the court and gives specific consent to the vacation of the
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criminal provisions of the cohabitant abuse protective order or no-fault cohabitant
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abuse protective order; or
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(b) submits a verified affidavit, stating agreement to the vacation of the criminal
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provisions of the cohabitant abuse protective order or no-fault cohabitant abuse
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protective order.
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(11) A protective order may be modified without a showing of substantial and material
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change in circumstances.
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(12) A civil provision of a protective order described in Subsection (6) may be dismissed or
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modified at any time in a divorce, parentage, custody, or guardianship proceeding that is
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pending between the parties to the protective order action if:
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(a) the parties stipulate in writing or on the record to dismiss or modify a civil provision
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of the protective order; or
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(b) the court in the divorce, parentage, custody, or guardianship proceeding finds good
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cause to dismiss or modify the civil provision.
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Section 5. Effective Date.
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This bill takes effect on May 7, 2025.
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