Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 191 (2025GS)

Sponsor

Sen. Weiler, Todd

Final action

Governor Signed 3/25/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms for cohabitant abuse protective orders;
• provides that a court may treat a petition for a protective order as a request for a no-fault cohabitant abuse protective order only if the petitioner and the respondent agree to the order and the terms of the order;
• allows a court to grant a no-fault cohabitant abuse protective order if the parties agree to the terms of the order;
• addresses the modification of a no-fault cohabitant abuse protective order;
• requires a no-fault cohabitant abuse protective order include a credible threat finding;
• provides that a no-fault cohabitant abuse protective order may not be introduced as evidence in a civil or criminal proceeding that the respondent committed domestic violence or abuse;
• clarifies that a no-fault cohabitant abuse protective order does not prevent a petitioner from obtaining an ex parte cohabitant abuse protective order or a cohabitant abuse protective order;
• modifies a cross-reference regarding the provisions of a cohabitant abuse protective order that are civil offenses; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

13
78B-7-102
78B-7-117
78B-7-601
78B-7-603
0
Protective Orders Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Todd Weiler
House Sponsor: Trevor Lee
LONG TITLE
General Description:
This bill addresses protective orders.
Highlighted Provisions:
This bill:
defines terms for cohabitant abuse protective orders; 
provides that a court may treat a petition for a protective order as a request for a no-fault 
cohabitant abuse protective order only if the petitioner and the respondent agree to the 
order and the terms of the order;
allows a court to grant a no-fault cohabitant abuse protective order if the parties agree to 
the terms of the order;
addresses the modification of a no-fault cohabitant abuse protective order;
requires a no-fault cohabitant abuse protective order include a credible threat finding;
provides that a no-fault cohabitant abuse protective order may not be introduced as 
evidence in a civil or criminal proceeding that the respondent committed domestic 
violence or abuse;
clarifies that a no-fault cohabitant abuse protective order does not prevent a petitioner 
from obtaining an ex parte cohabitant abuse protective order or a cohabitant abuse 
protective order;
modifies a cross-reference regarding the provisions of a cohabitant abuse protective order 
that are civil offenses; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
78B-7-102
, as last amended by Laws of Utah 2023, Chapter 170
78B-7-117
, as renumbered and amended by Laws of Utah 2020, Chapter 142
78B-7-601
, as enacted by Laws of Utah 2020, Chapter 142
78B-7-603
, as last amended by Laws of Utah 2023, Chapter 330
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
78B-7-102
 is amended to read:
78B-7-102
. Definitions.
As used in this chapter:
(1)
"Abuse" means, except as provided in Section 
78B-7-201
, intentionally or knowingly 
causing or attempting to cause another individual physical harm or intentionally or 
knowingly placing another individual in reasonable fear of imminent physical harm.
(2)
"Affinity" means the same as that term is defined in Section 
76-1-101.5
.
(3)
"Child" means an individual who is younger than 18 years old.
(3)
(4)
"Civil protective order" means an order issued, subsequent to a hearing on the 
petition, of which the petitioner and respondent have been given notice, under:
(a)
Part 2, Child Protective Orders
;
(b)
Part 4, Dating Violence Protective Orders
;
(c)
Part 5, Sexual Violence Protective Orders
;
(d)
Part 6, Cohabitant Abuse Protective Orders
; or
(e)
Part 11, Workplace Violence Protective Orders
.
(4)
(5)
"Civil stalking injunction" means a stalking injunction issued under 
Part 7, Civil 
Stalking Injunctions
.
(5)
(6)
(a)
"Cohabitant" means an emancipated individual under Section 
15-2-1
 or an 
individual who is 16 years old or older who:
(i)
is or was a spouse of the other party;
(ii)
is or was living as if a spouse of the other party;
(iii)
is related by blood or marriage to the other party as the individual's parent, 
grandparent, sibling, or any other individual related to the individual by 
consanguinity or affinity to the second degree;
(iv)
has or had one or more children in common with the other party;
(v)
is the biological parent of the other party's unborn 
minor 
child;
(vi)
resides or has resided in the same residence as the other party; or
(vii)
is or was in a consensual sexual relationship with the other party.
(b)
"Cohabitant" does not include:
(i)
the relationship of natural parent, adoptive parent, or step-parent to a minor
 child
; 
or
(ii)
the relationship between natural, adoptive, step, or foster siblings who are under 
18 years old.
(6)
(7)
"Consanguinity" means the same as that term is defined in Section 
76-1-101.5
.
(7)
(8)
"Criminal protective order" means an order issued under 
Part 8, Criminal Protective 
Orders
.
(8)
(9)
"Criminal stalking injunction" means a stalking injunction issued under 
Part 9, 
Criminal Stalking Injunctions
.
(9)
(10)
"Court clerk" means a district court clerk.
(10)
(11)
(a)
"Dating partner" means an individual who:
(i)
(A)
is an emancipated individual under Section 
15-2-1
 or 
Title 80, Chapter 7, 
Emancipation
; or
(B)
is 18 years old or older; and
(ii)
is, or has been, in a dating relationship with the other party.
(b)
"Dating partner" does not include an intimate partner.
(11)
(12)
(a)
"Dating relationship" means a social relationship of a romantic or intimate 
nature, or a relationship which has romance or intimacy as a goal by one or both 
parties, regardless of whether the relationship involves sexual intimacy.
(b)
"Dating relationship" does not include casual fraternization in a business, 
educational, or social context.
(c)
In determining, based on a totality of the circumstances, whether a dating 
relationship exists:
(i)
all relevant factors shall be considered, including:
(A)
whether the parties developed interpersonal bonding above a mere casual 
fraternization;
(B)
the length of the parties' relationship;
(C)
the nature and the frequency of the parties' interactions, including 
communications indicating that the parties intended to begin a dating 
relationship;
(D)
the ongoing expectations of the parties, individual or jointly, with respect to 
the relationship;
(E)
whether, by statement or conduct, the parties demonstrated an affirmation of 
their relationship to others; and
(F)
whether other reasons exist that support or detract from a finding that a dating 
relationship exists; and
(ii)
it is not necessary that all, or a particular number, of the factors described in 
Subsection 
(11)(c)(i)
 are found to support the existence of a dating relationship.
(13)
"Dating violence" means:
(a)
a criminal offense involving violence or physical harm, or threat of violence or 
physical harm, when committed by an individual against a dating partner; or
(b)
an attempt, a conspiracy, or a solicitation by an individual to commit a criminal 
offense involving violence or physical harm against a dating partner of the individual.
(12)
(14)
"Domestic violence" means the same as that term is defined in Section 
77-36-1
.
(13)
(15)
"Ex parte civil protective order" means an order issued without notice to the 
respondent under:
(a)
Part 2, Child Protective Orders
;
(b)
Part 4, Dating Violence Protective Orders
;
(c)
Part 5, Sexual Violence Protective Orders
;
(d)
Part 6, Cohabitant Abuse Protective Orders
; or
(e)
Part 11, Workplace Violence Protective Orders
.
(14)
(16)
"Ex parte civil stalking injunction" means a stalking injunction issued without 
notice to the respondent under 
Part 7, Civil Stalking Injunctions
.
(15)
(17)
"Foreign protection order" means the same as that term is defined in Section 
78B-7-302
.
(16)
(18)
"Household animal" means an animal that is tamed and kept as a pet.
(17)
(19)
"Intimate partner" means the same as that term is defined in 18 U.S.C. Sec. 921.
(18)
(20)
"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.
(21)
"Minor child" means the same as that term is defined in Section 
81-1-101
.
(19)
(22)
"Peace officer" means those individuals specified in 
Title 53, Chapter 13, Peace 
Officer Classifications
.
(20)
(23)
"Qualifying domestic violence offense" means the same as that term is defined in 
Section 
77-36-1.1
.
(21)
(24)
"Respondent" means the individual against whom enforcement of a protective 
order is sought.
(22)
(25)
"Stalking" means the same as that term is defined in Section 
76-5-106.5
.
Section 2, Section 
78B-7-117
 is amended to read:
78B-7-117
. Court order for transfer of wireless telephone number.
(1)
As used in this section, "wireless service provider" means a provider of commercial 
mobile service under Section 332(d) of the Federal Telecommunications Act of 1996.
(2)
At or after the time that a court issues a sentencing protective order or continuous 
protective order under Section 
78B-7-804
 or a cohabitant abuse protective order
 or 
no-fault cohabitant abuse protective order
 under Section 
78B-7-603
, the court may order 
the transfer of a wireless telephone number as provided in this section
,
 if:
(a)
the perpetrator is the account holder for the wireless telephone number;
(b)
the number is assigned to a telephone that is primarily used by the victim or an 
individual who will reside with the victim during the time that the protective order or 
the order of protection is in effect; and
(c)
the victim requests transfer of the wireless telephone number.
(3)
An order transferring a wireless telephone number under this section shall:
(a)
direct a wireless service provider to transfer the rights to, and the billing 
responsibility for, the wireless telephone number to the victim; and
(b)
include the wireless telephone number to be transferred, the name of the transferee, 
and the name of the account holder.
(4)
A wireless service provider shall comply with an order issued under this section, unless 
compliance is not reasonably possible due to:
(a)
the account holder having already terminated the account;
(b)
differences in network technology that prevent the victim's device from functioning 
on the network to which the number is to be transferred;
(c)
geographic or other service availability constraints; or
(d)
other barriers outside the control of the wireless service provider.
(5)
A wireless service provider that fails to comply with an order issued under this section 
shall, within four business days after the day on which the wireless service provider 
receives the order, provide notice to the victim stating:
(a)
that the wireless service provider is not able to reasonably comply with the order; and
(b)
the reason that the wireless service provider is not able to reasonably comply with 
the order.
(6)
The victim has full financial responsibility for each wireless telephone number 
transferred to the victim by an order under this section, beginning on the day on which 
the wireless telephone number is transferred, including monthly service costs and costs 
for any mobile device associated with the wireless telephone number.
(7)
This section does not preclude a wireless service provider from applying standard 
requirements for account establishment to the victim when transferring financial 
responsibility under Subsection 
(6)
.
(8)
A wireless service provider, and any officer, employee, or agent of the wireless service 
provider, is not civilly liable for action taken in compliance with an order issued under 
this section. 
Section 3, Section 
78B-7-601
 is amended to read:
78B-7-601
. Definitions.
As used in this part:
(1)
"Cohabitant abuse protective order" means an order issued
 by a court
 under this part 
after a hearing on the petition
, of
 for
 which the petitioner and respondent have been 
given notice.
(2)
"Ex parte cohabitant abuse protective order" means an order issued
 under this part
without notice to the respondent
 under this part
.
(3)
"No-fault cohabitant abuse protective order" means an order issued under this part by a 
court, in accordance with Subsection 
78B-7-603(4)
, without a finding by the court that 
the respondent has committed, or will commit, domestic violence or abuse.
(3)
(4)
"Protective order" means:
(a)
a cohabitant abuse protective order;
 or
(b)
an ex parte cohabitant abuse protective order
.
; or
(c)
a no-fault cohabitant abuse protective order.
Section 4, Section 
78B-7-603
 is amended to read:
78B-7-603
. Cohabitant abuse protective orders -- Ex parte cohabitant abuse 
protective orders -- Modification of orders -- Service of process -- Duties of the court.
(1)
If it appears from a petition for a protective order or a petition to modify a protective 
order that domestic violence or abuse has occurred, that there is a substantial likelihood 
domestic violence or abuse will occur, or that a modification of a protective order is 
required, a court may:
(a)
without notice, immediately issue an ex parte cohabitant abuse protective order or 
modify a protective order ex parte as the court considers necessary to protect the 
petitioner and all parties named to be protected in the petition; or
(b)
upon notice, issue a protective order or modify 
an
a protective
 order after a hearing, 
regardless of whether the respondent appears.
(2)
A court may grant the following relief
,
 without notice
 in a protective order or a 
modification issued ex parte
, in an ex parte cohabitant abuse protective order or an ex 
parte modification of a protective order
:
(a)
enjoin the respondent from threatening to commit domestic violence or abuse, 
committing domestic violence or abuse, or harassing the petitioner or any designated 
family or household member;
(b)
prohibit the respondent from telephoning, contacting, or otherwise communicating 
with the petitioner or any designated family or household member, directly or 
indirectly, with the exception of any parent-time provisions in the ex parte order;
(c)
subject to Subsection 
(2)(e)
, prohibit the respondent from being within a specified 
distance of the petitioner;
(d)
subject to Subsection 
(2)(e)
, order that the respondent is excluded from and is to stay 
away from the following places and their premises:
(i)
the petitioner's residence or any designated family or household member's 
residence;
(ii)
the petitioner's school or any designated family or household member's school;
(iii)
the petitioner's or any designated family or household member's place of 
employment;
(iv)
the petitioner's place of worship or any designated family or household member's 
place of worship; or
(v)
any specified place frequented by the petitioner or any designated family or 
household member;
(e)
if the petitioner or designated family or household member attends the same school 
as the respondent, is employed at the same place of employment as the respondent, or 
attends the same place of worship, the court:
(i)
may not enter an order under Subsection 
(2)(c)
 or 
(d)
 that excludes the respondent 
from the respondent's school, place of employment, or place of worship; and
(ii)
may enter an order governing the respondent's conduct at the respondent's school, 
place of employment, or place of worship;
(f)
upon finding that the respondent's use or possession of a weapon may pose a serious 
threat of harm to the petitioner, prohibit the respondent from purchasing, using, or 
possessing a firearm or other weapon specified by the court;
(g)
order possession and use of an automobile and other essential personal effects, and 
direct the appropriate law enforcement officer to accompany the petitioner to the 
residence of the parties to ensure that the petitioner is safely restored to possession of 
the residence, automobile, and other essential personal effects, or to supervise the 
petitioner's or respondent's removal of personal belongings;
(h)
order the respondent to maintain an existing wireless telephone contract or account;
(i)
grant to the petitioner or someone other than the respondent temporary custody of a 
minor child of the parties;
(j)
order the appointment of an attorney guardian ad litem under Sections 
78A-2-703
 and 
78A-2-803
;
(k)
prohibit the respondent from physically injuring, threatening to injure, or taking 
possession of a household animal that is owned or kept by the petitioner;
(l)
prohibit the respondent from physically injuring or threatening to injure a household 
animal that is owned or kept by the respondent;
(m)
order any further relief that the court considers necessary to provide for the safety 
and welfare of the petitioner and any designated family or household member; and
(n)
if the petition requests child support or spousal support, at the hearing on the petition 
order both parties to provide verification of current income, including year-to-date 
pay stubs or employer statements of year-to-date or other period of earnings, as 
specified by the court, and complete copies of tax returns from at least the most 
recent year.
(3)
A court may grant the following relief in a cohabitant abuse protective order or a 
modification of 
an
a cohabitant abuse protective
 order after notice and hearing, 
regardless of whether the respondent appears:
(a)
grant the relief described in Subsection 
(2)
;
 and
(b)
order the transfer of a wireless telephone number in accordance with Section 
78B-7-117
; and
(b)
(c)
specify arrangements for parent-time of any minor child by the respondent and 
require supervision of that parent-time by a third party or deny parent-time if 
necessary to protect the safety of the petitioner or 
minor 
child.
(4)
In addition to the relief granted under Subsection 
(3)
, the court may order the transfer 
of a wireless telephone number in accordance with Section 
78B-7-117
.
(4)
(a)
A court may treat a petition for a protective order as a request for a no-fault 
cohabitant abuse protective order only if the petitioner and the respondent agree to 
the entry of a no-fault cohabitant abuse protective order and the terms of the order.
(b)
(i)
Except as provided in Subsection 
(4)(b)
(ii), the court may grant a no-fault 
cohabitant abuse protective order containing any of the relief described in 
Subsection (2) or (3) to which the parties agree.
(ii)
A court may not issue mutual no-fault cohabitant abuse protective orders to 
opposing parties.
(c)
A court may modify a no-fault cohabitant abuse protective order without holding a 
hearing if the petitioner and the respondent agree to the modification.
(d)
If the petitioner and the respondent fail to agree to a modification of a no-fault 
cohabitant abuse protective order, the court may modify the no-fault cohabitant abuse 
protective order after holding a hearing and providing notice to the parties of the 
hearing.
(e)
For purposes of 18 U.S.C. Sec. 922(g)(8), a no-fault cohabitant abuse protective 
order shall include a finding as to whether the respondent represents a credible threat 
to the physical safety of the petitioner or the petitioner's or respondent's minor child.
(f)
(i)
If the court issues a no-fault cohabitant abuse protective order as described in 
this Subsection 
(4)
, the no-fault cohabitant abuse protective order may not be 
introduced in a civil or criminal proceeding as evidence that the respondent 
committed domestic violence or abuse.
(ii)
Subsection 
(4)(f)(i)
 does not preclude:
(A)
a party from introducing other evidence of domestic violence or abuse in 
another civil proceeding or a criminal proceeding; or
(B)
a court from considering other evidence of abuse and domestic violence in a 
proceeding regarding custody and parent-time of a minor child as described in 
Section 
81-9-204
.
(g)
Nothing in this Subsection 
(4)
 prevents a petitioner from obtaining an ex parte 
cohabitant abuse protective order or a cohabitant abuse protective order under this 
part.
(5)
Following the cohabitant abuse protective order hearing
Upon issuance of a cohabitant 
abuse protective order or a no-fault cohabitant abuse protective order
, the court shall:
(a)
as soon as possible, deliver the order to the county sheriff for service of process;
(b)
make reasonable efforts to ensure that the 
cohabitant abuse protective 
order is 
understood by the petitioner
,
 and the respondent
,
 if present;
(c)
transmit electronically, by the end of the next business day after the order is issued, a 
copy of the 
cohabitant abuse protective 
order to the local law enforcement agency 
or agencies designated by the petitioner;
(d)
transmit a copy of the order to the statewide domestic violence network described in 
Section 
78B-7-113
; and
(e)
if the individual is a respondent or defendant subject to a court order that meets the 
qualifications outlined in 18 U.S.C. Sec. 922(g)(8), transmit within 48 hours, 
excluding Saturdays, Sundays, and legal holidays, a record of the order to the Bureau 
of Criminal Identification that includes:
(i)
an agency record identifier;
(ii)
the individual's name, sex, race, and date of birth;
(iii)
the issue date, conditions, and expiration date for the protective order; and
(iv)
if available, the individual's social security number, government issued driver 
license or identification number, alien registration number, government passport 
number, state identification number, or FBI number.
(6)
Each protective order shall include two separate portions, one for provisions, the 
violation of which are criminal offenses, and one for provisions, the violation of which 
are civil offenses, as follows:
(a)
criminal offenses are those under Subsections 
(2)(a)
 through 
(g)
, and under 
Subsection 
(3)(a)
 as it refers to Subsections 
(2)(a)
 through 
(g)
; and
(b)
civil offenses are those under Subsections 
(2)(h)
 through 
(l)
(n)
, Subsection 
(3)(a)
as it refers to Subsections 
(2)(h)
 through 
(l)
(n)
, and Subsection 
(3)(b)
(3)(c)
.
(7)
Child support and spouse support orders issued as part of a protective order are subject 
to mandatory income withholding under 
Title 26B, Chapter 9, Part 3, Income 
Withholding in IV-D Cases
, and 
Title 26B, Chapter 9, Part 4, Income Withholding in 
Non IV-D Cases
, except when the protective order is issued ex parte.
(8)
(a)
The county sheriff that receives the order from the court, under Subsection 
(5)
, 
shall provide expedited service for protective orders issued in accordance with this 
part, and shall transmit verification of service of process, when the order has been 
served, to the statewide domestic violence network described in Section 
78B-7-113
.
(b)
This section does not prohibit any law enforcement agency from providing service of 
process if that law enforcement agency:
(i)
has contact with the respondent and service by that law enforcement agency is 
possible; or
(ii)
determines that under the circumstances, providing service of process on the 
respondent is in the best interests of the petitioner.
(9)
(a)
When 
an
a protective
 order is served on a respondent in a jail or other holding 
facility, the law enforcement agency managing the facility shall make a reasonable 
effort to provide notice to the petitioner at the time the respondent is released from 
incarceration.
(b)
Notification of the petitioner shall consist of a good faith reasonable effort to provide 
notification, including mailing a copy of the notification to the last-known address of 
the victim.
(10)
A court may modify or vacate a protective order or any provisions in the protective 
order after notice and hearing, except that the criminal provisions of a cohabitant abuse 
protective order
 or a no-fault cohabitant abuse 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 the Utah Rules of Civil 
Procedure, and the petitioner personally appears, in person or through court video 
conferencing, before the court and gives specific consent to the vacation of the 
criminal provisions of the cohabitant abuse protective order
 or no-fault cohabitant 
abuse protective order
; or
(b)
submits a verified affidavit, stating agreement to the vacation of the criminal 
provisions of the cohabitant abuse protective order
 or no-fault cohabitant abuse 
protective order
.
(11)
A protective order may be modified without a showing of substantial and material 
change in circumstances.
(12)
A civil provision of a protective order described in Subsection 
(6)
 may be dismissed or 
modified at any time in a divorce, parentage, custody, or guardianship proceeding that is 
pending between the parties to the protective order action if:
(a)
the parties stipulate in writing or on the record to dismiss or modify a civil provision 
of the protective order; or
(b)
the court in the divorce, parentage, custody, or guardianship proceeding finds good 
cause to dismiss or modify the civil provision.
Section 5. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-12-25 2:28 PM