2006 Utah Code - 78-3h-104 — Content of order.

     78-3h-104.   Content of order.
     (1) A child protective order or an ex parte child protective order may contain the following provisions the violation of which is a class A misdemeanor under Section 77-36-2.4:
     (a) enjoin the respondent from threatening to commit or committing abuse of the minor;
     (b) prohibit the respondent from harassing, telephoning, contacting, or otherwise communicating with the minor, directly or indirectly;
     (c) prohibit the respondent from entering or remaining upon the residence, school, or place of employment of the minor and the premises of any of these or any specified place frequented by the minor;
     (d) upon finding that the respondent's use or possession of a weapon may pose a serious threat of harm to the minor, prohibit the respondent from purchasing, using, or possessing a firearm or other specified weapon; and
     (e) determine ownership and possession of personal property and direct the appropriate law enforcement officer to attend and supervise the petitioner's or respondent's removal of personal property.
     (2) A child protective order or an ex parte child protective order may contain the following provisions the violation of which is contempt of court:
     (a) determine temporary custody of a minor who is the subject of the petition;
     (b) determine parent-time with a minor who is the subject of the petition, including denial of parent-time if necessary to protect the safety of the minor, and require supervision of parent-time by a third party;
     (c) determine support in accordance with Title 78, Chapter 45, Uniform Civil Liability for Support Act; and
     (d) order any further relief the court considers necessary to provide for the safety and welfare of the minor.
     (3) A child protective order and an ex parte child protective order shall include:
     (a) a statement that violation of a criminal provision is a class A misdemeanor and violation of a civil provision is contempt of court; and
     (b) information the petitioner is able to provide to facilitate identification of the respondent, such as Social Security number, driver license number, date of birth, address, telephone number, and physical description.
     (4) A child protective order shall include:
     (a) a statement that:
     (i) two years from entry of the order, the respondent may petition to dismiss the criminal portion of the order;
     (ii) the petitioner should, within the 30 days prior to the end of the two-year period, advise the court of the petitioner's address for notice of any hearing; and
     (iii) the address provided by the petitioner will not be made available to the respondent;
     (b) the date when the civil portion of the order will expire or be reviewed; and
     (c) the following statement: "Respondent was afforded notice and opportunity to be heard in the hearing that gave rise to this order. Pursuant to the Violence Against Women Act of 1994, P.L. 103-322, 108 Stat. 1796, 18 U.S.C.A. 2265, this order is valid in all the United States, the District of Columbia, tribal lands, and United States territories. This order complies with the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act."

Amended by Chapter 157, 2006 General Session