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2019 Utah Code
Title 77 - Utah Code of Criminal Procedure
Chapter 3a - Stalking Injunctions
Section 101.1 - Mutual civil stalking injunctions.
Universal Citation: UT Code § 77-3a-101.1 (2019)
Effective 5/8/2018
77-3a-101.1. Mutual civil stalking injunctions.
Enacted by Chapter 255, 2018 General Session
77-3a-101.1. Mutual civil stalking injunctions.
- (1) A court may not grant a mutual order or mutual civil stalking injunction to opposing parties, unless each party:
- (a) files an independent petition against the other for a civil stalking injunction, and both petitions are served;
- (b) makes a showing at an evidentiary hearing on the civil stalking injunction that stalking has occurred by the other party; and
- (c) demonstrates the alleged act did not occur in self-defense.
- (2) If the court issues mutual civil stalking injunctions, the court shall include specific findings of all elements of Subsection (1) in the court order justifying the entry of the court orders.
- (3) A court may not grant a civil stalking injunction to a civil petitioner who is the respondent or defendant subject to a civil stalking injunction, protective order, child protective order, or ex parte child protective order:
- (a) issued under:
- (i)Chapter 3a, Stalking Injunctions;
- (ii) a foreign protection order enforceable under Title 78B, Chapter 7, Part 3, Uniform Interstate Enforcement of Domestic Violence Protection Orders Act;
- (iii)Chapter 36, Cohabitant Abuse Procedures Act;
- (iv)Title 78A, Chapter 6, Juvenile Court Act; or
- (v)Title 78B, Chapter 7, Part 1, Cohabitant Abuse Act; and
- (b) unless the court determines that the requirements of Subsection (1) are met, and:
- (i) the same court issued the order for protection against the respondent; or
- (ii) if the matter is before a subsequent court, the subsequent court:
- (A) determines it would be impractical for the original court to consider the matter; or
- (B) confers with the court that issued the order for protection.
- (a) issued under:
Enacted by Chapter 255, 2018 General Session
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