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LEGISLATIVE GENERAL COUNSEL Approved for Filing ECM 02-08-01 1 51 PM H. B. 25 1st Sub. Buff Senator Terry R* Spencer proposes to substitute the following bill CIVIL STALKING AMENDMENTS 2001 GENERAL SESSION STATE OF UTAH Sponsor LaWanna Shurtliff This act amends the Cohabitant Abuse Act to require a showing of preponderance of evidence of domestic violence or abuse before an ex parte protective order may be issued* The act also requires the protective order to be filed as part of any pending...
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This does not limit or apply to injunctive action issued under the domestic violence injunction or restraining order statute. The attorney general, by rule, shall provide for an appeal when the judge issues a protective order pursuant to this paragraph. This section provides that the victim's failure to respond to a court order and the victim's failure to post sufficient bond and a sufficient deposit is sufficient cause to revoke or reduce any ex parte protective order and to revoke or reduce any injunction or protective order in whole or in part. This section will no longer allow for the issuance of ex parte protective orders or injunctions under the domestic violence injunction and restraining order statute. However, the victim may use a process to obtain a protective order for himself or herself or her minor child. The victim may utilize the court to obtain a protective order when there is a physical injury or threats of imminent bodily injury to the victim or another party to the action that the attorney general believes would likely result in the temporary disabling of liberty including but not limited to: threats of domestic violence, stalking of that party, harassment of that party, and death or serious bodily injury to another party; threats of death or serious bodily injury; stalking of a law enforcement officer or other public official who has been issued a protective order for the victim; or imminent threat to the physical health or safety of the victim or another party to the action. The attorney general shall be prohibited from issuing a protective order under these circumstances. The victim may request an evidentiary hearing before the order is issued. The victim may have the court appoint a guardian ad item, an attorney, a professional mediator or a private attorney to defend or represent the victim. The victim may also request the appointment of an independent third party to defend or represent the victim. Upon the request of the victim, the court may also appoint a certified investigative psychologist as an independent investigator. The independent investigator, upon completion of the investigation, shall provide an evaluation to the court. The court shall determine whether a protective order should be issued and, if an ex parte order is issued, an explanation of why the order should be issued and the findings of fact made by the independent investigator. If the court determines that the evidence is insufficient to issue an ex parte order, the court shall issue a preliminary injunction, an interim injunction, an injunction, an arrest warrant, or a permanent injunction.

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