2006 Utah Code - 78-3h-105 — Service -- Income withholding -- Expiration.

     78-3h-105.   Service -- Income withholding -- Expiration.
     (1) If the court enters an ex parte child protective order or a child protective order, the court shall:
     (a) make reasonable efforts to ensure that the order is understood by the petitioner and the respondent, if present;
     (b) as soon as possible transmit the order to the county sheriff for service; and
     (c) by the end of the next business day after the order is entered transmit a copy of the order to any law enforcement agency designated by the petitioner and to the statewide domestic violence network described in Section 30-6-8.
     (2) The county sheriff shall serve the order and transmit verification of service to the statewide domestic violence network described in Section 30-6-8 in an expeditious manner. Any law enforcement agency may serve the order and transmit verification of service to the statewide domestic violence network if the law enforcement agency has contact with the respondent or if service by that law enforcement agency is in the best interests of the child.
     (3) When an order is served on a respondent in a jail, prison, or other holding facility, the law enforcement agency managing the facility shall notify the petitioner of the respondent's release. Notice to the petitioner consists of a prompt, good faith effort to provide notice, including mailing the notice to the petitioner's last-known address.
     (4) Child support orders issued as part of a child protective order are subject to mandatory income withholding under Title 62A, Chapter 11, Part 4, Income Withholding in IV-D Cases, and Title 62A, Chapter 11, Part 5, Income Withholding in Non IV-D Cases.
     (5) After notice and hearing a court may modify or vacate a child protective order without a showing of substantial and material change in circumstances, except that the criminal provisions of the child protective order may not be vacated within two years of issuance unless the petitioner:
     (a) is personally served with notice of the hearing as provided in Rule 4, Utah Rules of Civil Procedure, and the petitioner personally appears before the court and gives specific consent to the vacation of the criminal provisions of the protective order; or
     (b) submits a verified affidavit, stating agreement to the vacation of the criminal provisions of the protective order.
     (6) The civil provisions of the child protective order expire 150 days after the date of the order unless a different date is set by the court. The court may not set a date more than 150 days after the date of the order without a finding of good cause. The court may review and extend the expiration date, but may not extend it to more than 150 days after the date of the order without a finding of good cause.

Amended by Chapter 201, 2004 General Session