Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 148 First Substitute (2016GS)

Sponsor

Rep. Romero, A.

Final action

Governor Signed 3/23/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• amends protective order provisions for a dismissal in the case of a pending divorce proceeding under certain conditions; and
• makes technical changes.

Every vote on this bill

Bill text

PROTECTIVE ORDER AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Angela Romero
Senate Sponsor: 
Lyle W. Hillyard
LONG TITLE
General Description:
This bill modifies protective order provisions in the Judicial Code by amending
dismissal of protective order provisions.
Highlighted Provisions:
This bill:
▸ amends protective order provisions for a dismissal in the case of a pending divorce
proceeding under certain conditions; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
78B-7-115
, as last amended by Laws of Utah 2009, Chapter 232
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
78B-7-115
 is amended to read:
78B-7-115.
Dismissal of protective order.
(1) [
A
] 
 Except as provided in Subsection (6), a
 protective order that has been in effect
for at least two years may be dismissed if the court determines that the petitioner no longer has
a reasonable fear of future abuse. In determining whether the petitioner no longer has a
reasonable fear of future abuse, the court shall consider the following factors:
(a) whether the respondent has complied with treatment recommendations related to
domestic violence, entered at the time the protective order was entered;
(b) whether the protective order was violated during the time it was in force;
(c) claims of harassment, abuse, or violence by either party during the time the
protective order was in force;
(d) counseling or therapy undertaken by either party;
(e) impact on the well-being of any minor children of the parties, if relevant; and
(f) any other factors the court considers relevant to the case before it.
(2) [
The
] 
 Except as provided in Subsection (6), the
 court may amend or dismiss a
protective order issued in accordance with this part that has been in effect for at least one year
if it finds that:
(a) the basis for the issuance of the protective order no longer exists;
(b) the petitioner has repeatedly acted in contravention of the protective order
provisions to intentionally or knowingly induce the respondent to violate the protective order;
(c) the petitioner's actions demonstrate that the petitioner no longer has a reasonable
fear of the respondent; and
(d) the respondent has not been convicted of a protective order violation or any crime
of violence subsequent to the issuance of the protective order, and there are no unresolved
charges involving violent conduct still on file with the court.
(3) The court shall enter sanctions against either party if the court determines that
either party acted:
(a) in bad faith; or
(b) with intent to harass or intimidate either party.
(4) Notice of a motion to dismiss a protective order shall be made by personal service
on the petitioner in a protective order action as provided in Rules 4 and 5, Utah Rules of Civil
Procedure.
(5) If a divorce proceeding is pending between [
the
] parties to a protective order 
action
,
the protective order shall be dismissed when the court issues a decree of divorce for the parties
if:
(a) the petitioner in the protective order action is present or has been given notice in
both the divorce and protective order action of the hearing; and
(b) the court specifically finds that the order need not continue[
.
]
, and as provided in
Subsection (1), the petitioner no longer has a reasonable fear of future abuse.
(6) (a) Notwithstanding Subsection (1) or (2), a protective order that has been entered
under this chapter concerning a petitioner and a respondent who are divorced shall
automatically expire, subject to Subsections (6)(b) and (c), 10 years from the day on which one
of the following occurs:
(i) the decree of divorce between the petitioner and respondent became absolute; or
(ii) the protective order was entered.
(b) The protective order shall automatically expire, as described in Subsection (6)(a),
unless:
(i) the petitioner demonstrates that the petitioner has a reasonable fear of future abuse,
as described in Subsection (1); or
(ii) the respondent has been convicted of a protective order violation or any crime of
violence subsequent to the issuance of the protective order.
(c) The 10 years described in Subsection (6)(a) is tolled for any period of time that the
respondent is incarcerated.
[
(6)
] 
(7)
 When the court dismisses a protective order, the court shall immediately
:
(a)
 issue an order of dismissal to be filed in the protective order action
;
 and
(b)
 transmit a copy of the order of dismissal to the statewide domestic violence
network as described in Section 
78B-7-113
.