§ 78B-7-405. Hearings on ex parte dating violence protective orders. (Effective 5/13/2014)

(1)

(a) Within 20 days after the day on which the court issues an ex parte protective order, the district court shall set a date for a hearing on the petition.

(b) If, at the hearing described in Subsection (1)(a), the district court does not issue a dating violence protective order, the ex parte dating protective order shall expire, unless it is extended by the district court. Extensions beyond the 20-day period may not be granted unless:

(i) the petitioner is unable to be present at the hearing;

(ii) the respondent has not been served; or

(iii) exigent circumstances exist.

(c) Under no circumstances may an ex parte order be extended beyond 180 days from the day on which the court issues the initial ex parte protective order.

(d) If, at the hearing described in Subsection (1)(a), the district court issues a dating violence protective order, the ex parte protective order shall remain in effect until service of process of the dating violence protective order is completed.

(e) A dating violence protective order issued after notice and a hearing shall remain in effect from 180 days after the day on which the order is issued.

(f) If the hearing on the petition is heard by a commissioner, either the petitioner or respondent may file an objection within 10 calendar days after the day on which the recommended order is entered, and the assigned judge shall hold a hearing on the objection within 20 days after the day on which the objection is filed.

(2) Upon a hearing under this section, the district court may grant any of the relief permitted under Section 78B-7-404, except the district court shall not grant the relief described in Subsection 78B-7-404(3)(b) without providing the respondent notice and an opportunity to be heard.

(3) If a district court denies a petition for an ex parte dating violence protective order or a petition to modify a dating violence protective order ex parte, the district court shall, upon the petitioner's request:

(a) set the matter for hearing; and

(b) notify and serve the respondent.

Amended by Chapter 263, 2014 General Session