78B-7-204 - Content of order.
78B-7-204. Content of order.
(1) A child protective order or an ex parte child protective order may contain thefollowing provisions the violation of which is a class A misdemeanor under Section 77-36-2.4:
(a) enjoin the respondent from threatening to commit or committing abuse of the minor;
(b) prohibit the respondent from harassing, telephoning, contacting, or otherwisecommunicating with the minor, directly or indirectly;
(c) prohibit the respondent from entering or remaining upon the residence, school, orplace of employment of the minor and the premises of any of these or any specified placefrequented by the minor;
(d) upon finding that the respondent's use or possession of a weapon may pose a seriousthreat of harm to the minor, prohibit the respondent from purchasing, using, or possessing afirearm or other specified weapon; and
(e) determine ownership and possession of personal property and direct the appropriatelaw enforcement officer to attend and supervise the petitioner's or respondent's removal ofpersonal property.
(2) A child protective order or an ex parte child protective order may contain thefollowing provisions the violation of which is contempt of court:
(a) determine temporary custody of a minor who is the subject of the petition;
(b) determine parent-time with a minor who is the subject of the petition, includingdenial of parent-time if necessary to protect the safety of the minor, and require supervision ofparent-time by a third party;
(c) determine support in accordance with Title 78B, Chapter 12, Utah Child Support Act;and
(d) order any further relief the court considers necessary to provide for the safety andwelfare of the minor.
(3) A child protective order and an ex parte child protective order shall include:
(a) a statement that violation of a criminal provision is a class A misdemeanor andviolation of a civil provision is contempt of court; and
(b) information the petitioner is able to provide to facilitate identification of therespondent, such as Social Security number, driver license number, date of birth, address,telephone number, and physical description.
(4) A child protective order shall include:
(a) the date the order expires;
(b) a statement that the address provided by the petitioner will not be made available tothe respondent; and
(c) the following statement: "Respondent was afforded notice and opportunity to beheard in the hearing that gave rise to this order. Pursuant to the Violence Against Women Act of1994, 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 theUniform Interstate Enforcement of Domestic Violence Protection Orders Act."
Renumbered and Amended by Chapter 3, 2008 General Session
Amended by Chapter 115, 2008 General Session