§ 78B-7-403. Abuse or danger of abuse -- Dating violence protective orders.  


Latest version.
  • (1) A person may seek a protective order if the person is subjected to, or there is a substantial likelihood the person will be subjected to:
    (a) abuse by a dating partner of the person; or
    (b) dating violence by a dating partner of the person.
    (2) A person may seek an order described in Subsection (1) whether or not the person has taken other action to end the relationship.
    (3) A person seeking a protective order may include another party in the petition for a protective order if:
    (a) the person seeking the order meets the requirements of Subsection (1); and
    (b) the other party:
    (i) is a family or household member of the person seeking the protective order; and
    (ii) there is a substantial likelihood the other party will be subjected to abuse by the dating partner of the person.
    (4) A person seeking a protective order under this part shall, to the extent possible, provide information to facilitate identification of the respondent, including a name, Social Security number, driver license number, date of birth, address, telephone number, and physical description.
    (5) A petition seeking a protective order under this part may not be withdrawn without written order of the court.
    (6)
    (a) A person may not seek a protective order against an intimate partner, as defined by federal law in Title 18 U.S.C. Section 921, of the person under this part.
    (b) A person may seek a protective order against a cohabitant, as defined by section 78B-7-102, or an intimate partner, as defined by federal law, of the person under Title 78B, Chapter 7, Part 1, Cohabitant Abuse Act.
Enacted by Chapter 179, 2013 General Session