Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 248 First Substitute (2017GS)

Sponsor

Rep. Christensen, L.

Final action

Governor Signed 3/24/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• amends definition provisions;
• addresses the designation of a person that communicates between a defendant and victim;
• addresses enforcement of restitution requirements;
• provides the process for the issuance of continuous protective orders;
• addresses form for protective orders;
• modifies conditions for dismissals of protective orders; and
• makes technical changes.

Every vote on this bill

Bill text

DOMESTIC VIOLENCE RELATED AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: LaVar Christensen
Senate Sponsor: 
Curtis S. Bramble
LONG TITLE
General Description:
This bill modifies provisions related to domestic violence.
Highlighted Provisions:
This bill:
▸ amends definition provisions;
▸ addresses the designation of a person that communicates between a defendant and
victim;
▸ addresses enforcement of restitution requirements;
▸ provides the process for the issuance of continuous protective orders;
▸ addresses form for protective orders;
▸ modifies conditions for dismissals of protective orders; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
77-20-1
, as last amended by Laws of Utah 2016, Chapter 234
77-36-1
, as last amended by Laws of Utah 2016, Chapter 422
77-36-2.1
, as last amended by Laws of Utah 2011, Chapter 113
77-36-2.4
, as last amended by Laws of Utah 2010, Chapter 384
77-36-2.6
, as last amended by Laws of Utah 2010, Chapter 384
77-36-5
, as last amended by Laws of Utah 2016, Chapter 422
77-36-5.1
, as last amended by Laws of Utah 2010, Chapter 384
78B-7-102
, as last amended by Laws of Utah 2013, Chapter 348
78B-7-105
, as last amended by Laws of Utah 2009, Chapter 232
78B-7-115
, as last amended by Laws of Utah 2016, Chapter 196
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
77-20-1
 is amended to read:
77-20-1.
Right to bail -- Denial of bail -- Hearing.
(1) As used in this chapter:
(a) "Bail bond agency" means the same as that term is defined in Section 
31A-35-102
.
(b) "Surety" and "sureties" mean a surety insurer or a bail bond agency.
(c) "Surety insurer" means the same as that term is defined in Section 
31A-35-102
.
(2) A person charged with or arrested for a criminal offense shall be admitted to bail as
a matter of right, except if the person is charged with a:
(a) capital felony, when the court finds there is substantial evidence to support the
charge;
(b) felony committed while on probation or parole, or while free on bail awaiting trial
on a previous felony charge, when the court finds there is substantial evidence to support the
current felony charge;
(c) felony when there is substantial evidence to support the charge and the court finds
by clear and convincing evidence that the person would constitute a substantial danger to any
other person or to the community, or is likely to flee the jurisdiction of the court, if released on
bail; or
(d) felony when the court finds there is substantial evidence to support the charge and
it finds by clear and convincing evidence that the person violated a material condition of
release while previously on bail.
(3) Any person who may be admitted to bail may be released either on the person's own
recognizance or upon posting bail, on condition that the person appear in court for future court
proceedings in the case, and on any other conditions imposed in the discretion of the magistrate
or court that will reasonably:
(a) ensure the appearance of the accused;
(b) ensure the integrity of the court process;
(c) prevent direct or indirect contact with witnesses or victims by the accused, if
appropriate; and
(d) ensure the safety of the public.
(4) (a) Except as otherwise provided, the initial order denying or fixing the amount of
bail shall be issued by the magistrate or court issuing the warrant of arrest.
(b) A magistrate may set bail upon determining that there was probable cause for a
warrantless arrest.
(c) A bail commissioner may set bail in a misdemeanor case in accordance with
Sections 
10-3-920
 and 
17-32-1
.
(d) A person arrested for a violation of a jail release agreement or jail release order
issued pursuant to Section 
77-36-2.5
:
(i) may not be released before the accused's first judicial appearance; and
(ii) may be denied bail by the court under Subsection 
77-36-2.5
(8) or [
(12)
] 
(11)
.
(5) The magistrate or court may rely upon information contained in:
(a) the indictment or information;
(b) any sworn probable cause statement;
(c) information provided by any pretrial services agency; or
(d) any other reliable record or source.
(6) (a) A motion to modify the initial order may be made by a party at any time upon
notice to the opposing party sufficient to permit the opposing party to prepare for hearing and
to permit any victim to be notified and be present.
(b) Hearing on a motion to modify may be held in conjunction with a preliminary
hearing or any other pretrial hearing.
(c) The magistrate or court may rely on information as provided in Subsection (5) and
may base its ruling on evidence provided at the hearing so long as each party is provided an
opportunity to present additional evidence or information relevant to bail.
(7) Subsequent motions to modify bail orders may be made only upon a showing that
there has been a material change in circumstances.
(8) An appeal may be taken from an order of any court denying bail to the Supreme
Court, which shall review the determination under Subsection (2).
(9) For purposes of this section, any arrest or charge for a violation of Section
76-5-202
, Aggravated murder, is a capital felony unless:
(a) the prosecutor files a notice of intent to not seek the death penalty; or
(b) the time for filing a notice to seek the death penalty has expired and the prosecutor
has not filed a notice to seek the death penalty.
Section 2. Section 
77-36-1
 is amended to read:
77-36-1.
Definitions.
As used in this chapter:
(1) "Cohabitant" means the same as that term is defined in Section 
78B-7-102
.
(2) "Department" means the Department of Public Safety.
(3) "Divorced" means an individual who has obtained a divorce under Title 30, Chapter
3, Divorce.
(4) "Domestic violence" or "domestic violence offense" means any criminal offense
involving violence or physical harm or threat of violence or physical harm, or any attempt,
conspiracy, or solicitation to commit a criminal offense involving violence or physical harm,
when committed by one cohabitant against another. "Domestic violence" or "domestic
violence offense" also means commission or attempt to commit, any of the following offenses
by one cohabitant against another:
(a) aggravated assault, as described in Section 
76-5-103
;
(b) assault, as described in Section 
76-5-102
;
(c) criminal homicide, as described in Section 
76-5-201
;
(d) harassment, as described in Section 
76-5-106
;
(e) electronic communication harassment, as described in Section 
76-9-201
;
(f) kidnapping, child kidnapping, or aggravated kidnapping, as described in Sections
76-5-301
, 
76-5-301.1
, and 
76-5-302
;
(g) mayhem, as described in Section 
76-5-105
;
(h) sexual offenses, as described in Title 76, Chapter 5, Part 4, Sexual Offenses, and
Section 
76-5b-201
, Sexual exploitation of a minor 
-- Offenses
;
(i) stalking, as described in Section 
76-5-106.5
;
(j) unlawful detention or unlawful detention of a minor, as described in Section
76-5-304
;
(k) violation of a protective order or ex parte protective order, as described in Section
76-5-108
;
(l) any offense against property described in Title 76, Chapter 6, Part 1, Property
Destruction, Title 76, Chapter 6, Part 2, Burglary and Criminal Trespass, or Title 76, Chapter 6,
Part 3, Robbery;
(m) possession of a deadly weapon with intent to assault, as described in Section
76-10-507
;
(n) discharge of a firearm from a vehicle, near a highway, or in the direction of any
person, building, or vehicle, as described in Section 
76-10-508
;
(o) disorderly conduct, as defined in Section 76-9-102, if a conviction of disorderly
conduct is the result of a plea agreement in which the defendant was originally charged with a
domestic violence offense otherwise described in this Subsection (4). Conviction of disorderly
conduct as a domestic violence offense, in the manner described in this Subsection (4)(o), does
not constitute a misdemeanor crime of domestic violence under 18 U.S.C. Sec. 921, and is
exempt from the provisions of the federal Firearms Act, 18 U.S.C. Sec. 921 et seq.; or
(p) child abuse as described in Section 
76-5-109.1
.
(5) "Jail release agreement" means a written agreement:
(a) specifying and limiting the contact a person arrested for a domestic violence offense
may have with an alleged victim or other specified individuals; and
(b) specifying other conditions of release from jail as required in Subsection
77-36-2.5
(2).
(6) "Jail release court order" means a written court order:
(a) specifying and limiting the contact a person arrested for a domestic violence offense
may have with an alleged victim or other specified individuals; and
(b) specifying other conditions of release from jail as required in Subsection
77-36-2.5
(2).
(7) "Marital status" means married and living together, divorced, separated, or not
married.
(8) "Married and living together" means a man and a woman whose marriage was
solemnized under Section 
30-1-4
 or 
30-1-6
 and who are living in the same residence.
(9) "Not married" means any living arrangement other than married and living together,
divorced, or separated.
(10) "Protective order" includes an order issued under Subsection 
77-36-5.1
(6).
[
(10)
] 
(11)
 "Pretrial protective order" means a written order:
(a) specifying and limiting the contact a person who has been charged with a domestic
violence offense may have with an alleged victim or other specified individuals; and
(b) specifying other conditions of release pursuant to Subsection 
77-36-2.5
(2),
Subsection 
77-36-2.6
(3), or Section 
77-36-2.7
, pending trial in the criminal case.
[
(11)
] 
(12)
 "Sentencing protective order" means a written order of the court as part of
sentencing in a domestic violence case that limits the contact a person who has been convicted
of a domestic violence offense may have with a victim or other specified individuals pursuant
to Sections 
77-36-5
 and 
77-36-5.1
.
[
(12)
] 
(13)
 "Separated" means a man and a woman who have had their marriage
solemnized under Section 
30-1-4
 or 
30-1-6
 and who are not living in the same residence.
[
(13)
] 
(14)
 "Victim" means a cohabitant who has been subjected to domestic violence.
Section 3. Section 
77-36-2.1
 is amended to read:
77-36-2.1.
Duties of law enforcement officers -- Notice to victims.
(1) A law enforcement officer who responds to an allegation of domestic violence shall
use all reasonable means to protect the victim and prevent further violence, including:
(a) taking the action that, in the officer's discretion, is reasonably necessary to provide
for the safety of the victim and any family or household member;
(b) confiscating the weapon or weapons involved in the alleged domestic violence;
(c) making arrangements for the victim and any child to obtain emergency housing or
shelter;
(d) providing protection while the victim removes essential personal effects;
(e) arrange, facilitate, or provide for the victim and any child to obtain medical
treatment; and
(f) arrange, facilitate, or provide the victim with immediate and adequate notice of the
rights of victims and of the remedies and services available to victims of domestic violence, in
accordance with Subsection (2).
(2) (a) A law enforcement officer shall give written notice to the victim in simple
language, describing the rights and remedies available under this chapter, Title 78B, Chapter 7,
Part 1, Cohabitant Abuse Act, and Title 78B, Chapter 7, Part 2, Child Protective Orders.
(b) The written notice shall also include:
(i) a statement that the forms needed in order to obtain an order for protection are
available from the court clerk's office in the judicial district where the victim resides or is
temporarily domiciled;
(ii) a list of shelters, services, and resources available in the appropriate community,
together with telephone numbers, to assist the victim in accessing any needed assistance; and
(iii) the information required to be provided to both parties in accordance with
[
Subsection 
77-36-2.5
(8)
] 
Subsections 
77-36-2.5
(9) and (10)
.
Section 4. Section 
77-36-2.4
 is amended to read:
77-36-2.4.
Violation of protective orders -- Mandatory arrest -- Penalties.
(1) A law enforcement officer shall, without a warrant, arrest an alleged perpetrator
whenever there is probable cause to believe that the alleged perpetrator has violated any of the
provisions of an ex parte protective order or protective order.
(2) (a) Intentional or knowing violation of any ex parte protective order or protective
order is a class A misdemeanor, in accordance with Section 
76-5-108
, except where a greater
penalty is provided in this chapter, and is a domestic violence offense, pursuant to Section
77-36-1
.
(b) Second or subsequent violations of ex parte protective orders or protective orders
carry increased penalties, in accordance with Section 
77-36-1.1
.
(3) As used in this section, "ex parte protective order" or "protective order" includes:
(a) [
any
] 
a
 protective order or ex parte protective order issued under Title 78B, Chapter
7, Part 1, Cohabitant Abuse Act;
(b) [
any
] 
a
 jail release agreement, jail release court order, pretrial protective order, [
or
]
sentencing protective order
, or continuous protective order
 issued under [
Title 77, Chapter 36,
Cohabitant Abuse Procedures Act
] 
this chapter
;
(c) any child protective order or ex parte child protective order issued under Title 78B,
Chapter 7, Part 2, Child Protective Orders; or
(d) a foreign protection order enforceable under Title 78B, Chapter 7, Part 3, Uniform
Interstate Enforcement of Domestic Violence Protection Orders Act.
Section 5. Section 
77-36-2.6
 is amended to read:
77-36-2.6.
Appearance of defendant required -- Determinations by court --
Pretrial protective order.
(1) A defendant who has been arrested for an offense involving domestic violence shall
appear in person or by video before the court or a magistrate within one judicial day after the
arrest.
(2) A defendant who has been charged by citation, indictment, or information with an
offense involving domestic violence but has not been arrested, shall appear before the court in
person for arraignment or initial appearance as soon as practicable, but no later than 14 days
after the next day on which court is in session following the issuance of the citation or the
filing of the indictment or information.
(3) At the time of an appearance under Subsection (1) or (2), the court shall
:
(a)
 determine the necessity of imposing a pretrial protective order or other condition of
pretrial release
,
 including[
, but not limited to,
] participating in an electronic or other type of
monitoring program[
, and shall
]
;
(b) identify the individual designated by the victim to communicate between the
defendant and the victim if and to the extent necessary for family related matters; and
(c)
 state its findings and determination in writing.
(4) Appearances required by this section are mandatory and may not be waived.
Section 6. Section 
77-36-5
 is amended to read:
77-36-5.
Sentencing -- Restricting contact with victim -- Electronic monitoring --
Counseling -- Cost assessed against defendant -- Sentencing protective order --
Continuous protective order.
(1) (a) When a defendant is found guilty of a crime involving domestic violence and a
condition of the sentence restricts the defendant's contact with the victim, a sentencing
protective order may be issued under Subsection 
77-36-5.1
(2) for the length of the defendant's
probation 
or a continuous protective order may be issued under Subsection 
77-36-5.1
(6)
.
(b) (i) The sentencing protective order 
or continuous protective order
 shall be in
writing, and the prosecutor shall provide a certified copy of that order to the victim.
(ii) The court shall transmit the sentencing protective order 
or continuous protective
order
 to the statewide domestic violence network.
(c) Violation of a sentencing protective order 
or continuous protective order
 issued
pursuant to this Subsection (1) is a class A misdemeanor.
(2) In determining its sentence the court, in addition to penalties otherwise provided by
law, may require the defendant to participate in an electronic or other type of monitoring
program.
(3) The court may also require the defendant to pay all or part of the costs of
counseling incurred by the victim and any children affected by or exposed to the domestic
violence offense, as well as the costs for the defendant's own counseling.
(4) The court shall:
(a) assess against the defendant, as restitution, any costs for services or treatment
provided to the victim and affected children of the victim or the defendant by the Division of
Child and Family Services under Section 
62A-4a-106
; and
(b) order those costs to be paid directly to the division or its contracted provider.
(5) The court may order the defendant to obtain and satisfactorily complete treatment
or therapy in a domestic violence treatment program, as defined in Section 
62A-2-101
, that is
licensed by the Department of Human Services.
Section 7. Section 
77-36-5.1
 is amended to read:
77-36-5.1.
Conditions of probation for person convicted of domestic violence
offense -- Continuous protective orders.
(1) Before any perpetrator who has been convicted of a domestic violence offense may
be placed on probation, the court shall consider the safety and protection of the victim and any
member of the victim's family or household.
(2) The court may condition probation or a plea in abeyance on the perpetrator's
compliance with one or more orders of the court, which may include a sentencing protective
order:
(a) enjoining the perpetrator from threatening to commit or committing acts of
domestic violence against the victim or other family or household member;
(b) prohibiting the perpetrator from harassing, telephoning, contacting, or otherwise
communicating with the victim, directly or indirectly;
(c) requiring the perpetrator to stay away from the victim's residence, school, place of
employment, and the premises of any of these, or a specified place frequented regularly by the
victim or any designated family or household member;
(d) prohibiting the perpetrator from possessing or consuming alcohol or controlled
substances;
(e) prohibiting the perpetrator from purchasing, using, or possessing a firearm or other
specified weapon;
(f) directing the perpetrator to surrender any weapons the perpetrator owns or
possesses;
(g) directing the perpetrator to participate in and complete, to the satisfaction of the
court, a program of intervention for perpetrators, treatment for alcohol or substance abuse, or
psychiatric or psychological treatment;
(h) directing the perpetrator to pay restitution to the victim
, enforcement of which shall
be in accordance with Chapter 38a, Crime Victims Restitution Act
; and
(i) imposing any other condition necessary to protect the victim and any other
designated family or household member or to rehabilitate the perpetrator.
(3) The perpetrator is responsible for the costs of any condition of probation, according
to the perpetrator's ability to pay.
(4) (a) Adult Probation and Parole, or other provider, shall immediately report to the
court and notify the victim of any offense involving domestic violence committed by the
perpetrator, the perpetrator's failure to comply with any condition imposed by the court, and
any violation of any sentencing criminal protective order issued by the court.
(b) Notification of the victim under Subsection (4)(a) shall consist of a good faith
reasonable effort to provide prompt notification, including mailing a copy of the notification to
the last-known address of the victim.
(5) The court shall transmit all dismissals, terminations, and expirations of pretrial and
sentencing criminal protective orders issued by the court to the statewide domestic violence
network.
(6) (a) Because of the serious, unique, and highly traumatic nature of domestic violence
crimes, the high recidivism rate of violent offenders, and the demonstrated increased risk of
continued acts of violence subsequent to the release of a perpetrator who is convicted of
domestic violence, it is the finding of the Legislature that domestic violence crimes warrant the
issuance of continuous protective orders under this Subsection (6) because of the need to
provide ongoing protection for the victim and to be consistent with the purposes of protecting
victims' rights under Chapter 37, Victims' Rights, and Chapter 38, Rights of Crime Victims
Act, and Article I, Section 28 of the Utah Constitution.
(b) If a perpetrator is convicted of a domestic violence offense resulting in a sentence
of imprisonment, including jail, that is to be served after conviction, the court shall issue a
continuous protective order at the time of the conviction or sentencing limiting the contact
between the perpetrator and the victim unless the court determines by clear and convincing
evidence that the victim does not a have a reasonable fear of future harm or abuse.
(c) (i) The court shall notify the perpetrator of the right to request a hearing.
(ii) If the perpetrator requests a hearing under this Subsection (6)(c), the court shall
hold the hearing at the time determined by the court. The continuous protective order shall be
in effect while the hearing is being scheduled and while the hearing is pending.
(d) A continuous protective order is permanent in accordance with this Subsection
(6)(d) and may grant the following relief:
(i) enjoining the perpetrator from threatening to commit or committing acts of
domestic violence against the victim or other family or household member;
(ii) prohibiting the perpetrator from harassing, telephoning, contacting, or otherwise
communicating with the victim, directly or indirectly;
(iii) prohibiting the perpetrator from going to the victim's residence, school, place of
employment, and the premises of any of these, or a specified place frequented regularly by the
victim or any designated family or other household member;
(iv) directing the perpetrator to pay restitution to the victim as may apply, and shall be
enforced in accordance with Chapter 38a, Crime Victims Restitution Act; and
(v) any other order the court considers necessary to fully protect the victim and
members of the victim's family or other household member.
(e) A continuous protective order may be modified or dismissed only if the court
determines by clear and convincing evidence that all requirements of this Subsection (6) have
been met and the victim does not have a reasonable fear of future harm or abuse.
(f) Notice of a continuous protective order issued pursuant to this section shall be sent
by the court to the statewide domestic violence network.
(g) Violation of a continuous protective order issued pursuant to this Subsection (6) is
a class A misdemeanor, is a domestic violence offense under Section 
77-36-1
, and is subject to
increased penalties in accordance with Section 
77-36-1.1
.
(h) In addition to the process of issuing a continuous protective order described in
Subsection (6)(a), a district court may issue a continuous protective order at any time if the
victim files a petition with the district court, and after notice and hearing the district court finds
that a continuous protective order is necessary to protect the victim.
(7) (a) Before release of a person who is subject to a continuous protective order issued
under Subsection (6), the victim shall receive notice of the imminent release by the law
enforcement agency that is releasing the person who is subject to the continuous protective
order:
(i) if the victim has provided the law enforcement agency contact information; and
(ii) in accordance with Section 
64-13-14.7
, if applicable.
(b) Before release, the law enforcement agency shall notify in writing the person being
released that a violation of the continuous protective order issued at the time of conviction or
sentencing continues to apply, and that a violation of the continuous protective order is a class
A misdemeanor, is a separate domestic violence offense under Section 
77-36-1
, and is subject
to increased penalties in accordance with Section 
77-36-1.1
.
Section 8. Section 
78B-7-102
 is amended to read:
78B-7-102.
Definitions.
As used in this chapter:
(1) "Abuse" means intentionally or knowingly causing or attempting to cause a
cohabitant physical harm or intentionally or knowingly placing a cohabitant in reasonable fear
of imminent physical harm.
(2) "Cohabitant" means an emancipated person pursuant to Section 
15-2-1
 or a person
who is 16 years of age or older who:
(a) is or was a spouse of the other party;
(b) is or was living as if a spouse of the other party;
(c) is related by blood or marriage to the other party;
(d) has or had one or more children in common with the other party;
(e) is the biological parent of the other party's unborn child; or
(f) resides or has resided in the same residence as the other party.
(3) Notwithstanding Subsection (2), "cohabitant" does not include:
(a) the relationship of natural parent, adoptive parent, or step-parent to a minor; or
(b) the relationship between natural, adoptive, step, or foster siblings who are under 18
years of age.
(4) "Court clerk" means a district court clerk.
(5) "Domestic violence" means the same as that term is defined in Section 
77-36-1
.
(6) "Ex parte protective order" means an order issued without notice to the defendant in
accordance with this chapter.
(7) "Foreign protection order" [
is as
] 
means the same as that term is
 defined in Section
78B-7-302
.
(8) "Law enforcement unit" or "law enforcement agency" means any public agency
having general police power and charged with making arrests in connection with enforcement
of the criminal statutes and ordinances of this state or any political subdivision.
(9) "Peace officer" means those persons specified in Title 53, Chapter 13, Peace
Officer Classifications.
(10) "Protective order" means
:
 (a)
 an order issued pursuant to this chapter subsequent to a hearing on the petition, of
which the petitioner and respondent have been given notice in accordance with this chapter[
.
]
;
or
(b) an order issued under Subsection 
77-36-5.1
(6).
Section 9. Section 
78B-7-105
 is amended to read:
78B-7-105.
Forms for petitions and protective orders -- Assistance.
(1) (a) The offices of the court clerk shall provide forms and nonlegal assistance to
persons seeking to proceed under this chapter.
(b) The Administrative Office of the Courts shall develop and adopt uniform forms for
petitions and orders for protection in accordance with the provisions of this chapter. That
office shall provide the forms to the clerk of each court authorized to issue protective orders. 
The forms shall include:
(i) a statement notifying the petitioner for an ex parte protective order that knowing
falsification of any statement or information provided for the purpose of obtaining a protective
order may subject the petitioner to felony prosecution;
(ii) a separate portion of the form for those provisions, the violation of which is a
criminal offense, and a separate portion for those provisions, the violation of which is a civil
violation, as provided in Subsection 
78B-7-106
(5);
(iii) language in the criminal provision portion stating violation of any criminal
provision is a class A misdemeanor, and language in the civil portion stating violation of or
failure to comply with a civil provision is subject to contempt proceedings;
(iv) a space for 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;
(v) a space for the petitioner to request a specific period of time for the civil provisions
to be in effect, not to exceed 150 days, unless the petitioner provides in writing the reason for
the requested extension of the length of time beyond 150 days;
(vi) a statement advising the petitioner that when a minor child is included in an ex
parte protective order or a protective order, as part of either the criminal or the civil portion of
the order, the petitioner may provide a copy of the order to the principal of the school where the
child attends; and
(vii) a statement advising the petitioner that if the respondent fails to return custody of
a minor child to the petitioner as ordered in a protective order, the petitioner may obtain from
the court a writ of assistance.
(2) If the person seeking to proceed under this chapter is not represented by an
attorney, it is the responsibility of the court clerk's office to provide:
(a) the forms adopted pursuant to Subsection (1);
(b) all other forms required to petition for an order for protection including, but not
limited to, forms for service;
(c) clerical assistance in filling out the forms and filing the petition, in accordance with
Subsection (1)(a)[
. A
]
, except that a
 court clerk's office may designate any other entity, agency,
or person to provide that service, but the court clerk's office is responsible to see that the
service is provided;
(d) information regarding the means available for the service of process;
(e) a list of legal service organizations that may represent the petitioner in an action
brought under this chapter, together with the telephone numbers of those organizations; and
(f) written information regarding the procedure for transporting a jailed or imprisoned
respondent to the protective order hearing, including an explanation of the use of transportation
order forms when necessary.
(3) No charges may be imposed by a court clerk, constable, or law enforcement agency
for:
(a) filing a petition under this chapter;
(b) obtaining an ex parte protective order;
(c) obtaining copies, either certified or not certified, necessary for service or delivery to
law enforcement officials; or
(d) fees for service of a petition, ex parte protective order, or protective order.
(4) A petition for an order of protection shall be in writing and verified.
(5) (a) [
All orders
] 
An order
 for protection shall be issued in the form adopted by the
Administrative Office of the Courts pursuant to Subsection (1).
(b) [
Each
] 
A
 protective order issued, except orders issued ex parte, shall include the
following language:
"Respondent was afforded both 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."
(c) [
Each
] 
A
 protective order issued in accordance with this part, including protective
orders issued ex parte 
and except for a continuous protective order issued under Subsection
77-36-5.1
(6)
, shall include the following language:
"NOTICE TO PETITIONER: The court may amend or dismiss a protective order after
one year if it finds that the basis for the issuance of the protective order no longer exists and the
petitioner has repeatedly acted in contravention of the protective order provisions to
intentionally or knowingly induce the respondent to violate the protective order, demonstrating
to the court that the petitioner no longer has a reasonable fear of the respondent."
Section 10. Section 
78B-7-115
 is amended to read:
78B-7-115.
Dismissal of protective order.
(1) Except as provided in [
Subsection (6), 
] 
Subsections (6) and (8),
 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 
harm or
 abuse. In determining whether the
petitioner no longer has a reasonable fear of future 
harm or
 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) Except as provided in [
Subsection (6),
] 
Subsections (6) and (8),
 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
] 
Except as provided in Subsection (8), if
 a divorce proceeding is pending
between 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 
harm or
 abuse.
(6) (a) Notwithstanding Subsection (1) or (2) 
and subject to Subsection (8)
, 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 
harm or
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. 
(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
.
(8) Notwithstanding the other provisions of this section, a continuous protective order
may not be modified or dismissed except as provided in Subsection 
77-36-5.1
(6).