SB 304

Enrolled Copy  S.B. 304
1Protective Order Amendments
                                      2026 GENERAL SESSION
                                              STATE OF UTAH
                                  Chief Sponsor: Keven J. Stratton
                                  House Sponsor: Matt MacPherson
2
3  LONG TITLE
4  General Description:
5      This bill addresses protective orders.
6  Highlighted Provisions:
7      This bill:
8      ▸ defines terms;
9      ▸ provides that a party may file a motion alleging that another party knowingly falsified
10  certain information for the purpose of obtaining a protective order;
11      ▸ allows a court to sanction a party after determining whether a party knowingly falsified
12  certain information for the purpose of obtaining a protective order;
13      ▸ addresses make-up parent-time when a parent has been denied parent-time due to the
14  other parent's falsification of certain information for the purpose of obtaining a
15  protective order; and
16      ▸ makes technical and conforming changes.
17  Money Appropriated in this Bill:
18      None
19  Other Special Clauses:
20      This bill provides a special effective date.
21  Utah Code Sections Affected:
22  AMENDS:
23      78B-7-102, as last amended by Laws of Utah 2025, Chapters 212, 332
24      81-9-208, as last amended by Laws of Utah 2025, Chapter 426
25  ENACTS:
26      78B-7-208, Utah Code Annotated 1953
27      78B-7-610, Utah Code Annotated 1953
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28
29   Be it enacted by the Legislature of the state of Utah:
30Section 1. Section 78B-7-102 is amended to read:
3178B-7-102 . Definitions.
32      As used in this chapter:
33   (1) "Abuse" means, except as provided in Section 78B-7-201, intentionally or knowingly
34causing or attempting to cause another individual physical harm or intentionally or
35knowingly placing another individual in reasonable fear of imminent physical harm.
36   (2) "Affinity" means the same as that term is defined in Section 76-1-101.5.
37   (3) "Canadian domestic violence protection order" means the same as that term is defined in
38Section 78B-7-1201.
39   (4) "Child" means an individual who is younger than 18 years old.
40   (5) "Civil protective order" means an order issued, subsequent to a hearing on the petition,
41of which the petitioner and respondent have been given notice, under:
42(a) Part 2, Child Protective Orders;
43(b) Part 4, Dating Violence Protective Orders;
44(c) Part 5, Sexual Violence Protective Orders;
45(d) Part 6, Cohabitant Abuse Protective Orders; or
46(e) Part 11, Workplace Violence Protective Orders.
47   (6) "Civil stalking injunction" means a stalking injunction issued under Part 7, Civil
48Stalking Injunctions.
49   (7)(a) "Cohabitant" means an emancipated individual under Section 15-2-1 or an
50individual who is 16 years old or older who:
51(i) is or was a spouse of the other party;
52(ii) is or was living as if a spouse of the other party;
53(iii) is related by blood or marriage to the other party as the individual's parent,
54grandparent, sibling, or any other individual related to the individual by
55consanguinity or affinity to the second degree;
56(iv) has or had one or more children in common with the other party;
57(v) is the biological parent of the other party's unborn minor child;
58(vi) resides or has resided in the same residence as the other party; or
59(vii) is or was in a consensual sexual relationship with the other party.
60(b) "Cohabitant" does not include:
61(i) the relationship of natural parent, adoptive parent, or step-parent to a minor child;
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62or
63(ii) the relationship between natural, adoptive, step, or foster siblings who are under
6418 years old.
65  (8) "Consanguinity" means the same as that term is defined in Section 76-1-101.5.
66  (9) "Criminal protective order" means an order issued under Part 8, Criminal Protective
67      Orders.
68  (10) "Criminal stalking injunction" means a stalking injunction issued under Part 9,
69      Criminal Stalking Injunctions.
70  (11) "Court clerk" means a district court clerk.
71  (12)(a) "Dating partner" means an individual who:
72(i)(A) is an emancipated individual under Section 15-2-1 or Title 80, Chapter 7,
73Emancipation; or
74(B) is 18 years old or older; and
75(ii) is, or has been, in a dating relationship with the other party.
76      (b) "Dating partner" does not include an intimate partner.
77  (13)(a) "Dating relationship" means a social relationship of a romantic or intimate
78      nature, or a relationship which has romance or intimacy as a goal by one or both
79      parties, regardless of whether the relationship involves sexual intimacy.
80      (b) "Dating relationship" does not include casual fraternization in a business,
81educational, or social context.
82      (c) In determining, based on a totality of the circumstances, whether a dating
83relationship exists:
84(i) all relevant factors shall be considered, including:
85(A) whether the parties developed interpersonal bonding above a mere casual
86fraternization;
87(B) the length of the parties' relationship;
88(C) the nature and the frequency of the parties' interactions, including
89communications indicating that the parties intended to begin a dating
90relationship;
91(D) the ongoing expectations of the parties, individual or jointly, with respect to
92the relationship;
93(E) whether, by statement or conduct, the parties demonstrated an affirmation of
94their relationship to others; and
95(F) whether other reasons exist that support or detract from a finding that a dating
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96relationship exists; and
97(ii) it is not necessary that all, or a particular number, of the factors described in
98Subsection (13)(c)(i) are found to support the existence of a dating relationship.
99   (14) "Dating violence" means:
100(a) a criminal offense involving violence or physical harm, or threat of violence or
101physical harm, when committed by an individual against a dating partner; or
102(b) an attempt, a conspiracy, or a solicitation by an individual to commit a criminal
103offense involving violence or physical harm against a dating partner of the individual.
104   (15) "Domestic violence" means the same as that term is defined in Section 77-36-1.
105   (16) "Ex parte civil protective order" means an order issued without notice to the
106respondent under:
107(a) Part 2, Child Protective Orders;
108(b) Part 4, Dating Violence Protective Orders;
109(c) Part 5, Sexual Violence Protective Orders;
110(d) Part 6, Cohabitant Abuse Protective Orders; or
111(e) Part 11, Workplace Violence Protective Orders.
112   (17) "Ex parte civil stalking injunction" means a stalking injunction issued without notice to
113the respondent under Part 7, Civil Stalking Injunctions.
114   (18) "Foreign protection order" means:
115(a) the same as that term is defined in Section 78B-7-302; or
116(b) a Canadian domestic violence protection order.
117   (19) "Household animal" means an animal that is tamed and kept as a pet.
118   (20) "Intimate partner" means the same as that term is defined in 18 U.S.C. Sec. 921.
119   (21) "Law enforcement unit" or "law enforcement agency" means any public agency having
120general police power and charged with making arrests in connection with enforcement
121of the criminal statutes and ordinances of this state or any political subdivision.
122   (22) "Material statement or material information" means a statement made or information
123given by a party:
124(a) to support an allegation of abuse or domestic violence; and
125(b) that could influence a court's decision to issue a protective order, as defined in
126Section 78B-7-601 or 78B-7-201.
127   [(22)] (23) "Minor child" means the same as that term is defined in Section 81-1-101.
128   [(23)] (24) "Peace officer" means those individuals [specified] described in Title 53, Chapter
12913, Peace Officer Classifications.
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130  [(24)] (25) "Qualifying domestic violence offense" means the same as that term is defined in
131      Section 77-36-1.1.
132  [(25)] (26) "Respondent" means the individual against whom enforcement of a protective
133      order is sought.
134  [(26)] (27) "Stalking" means the same as that term is defined in Section 76-5-106.5.
135Section 2. Section 78B-7-208 is enacted to read:
13678B-7-208 . Falsification of information.
137  (1) If a petitioner files a petition with a court for a protective order, the respondent may file
138      a motion with the court alleging that the petitioner knowingly falsified a material
139      statement or material information for the purpose of obtaining the protective order.
140  (2) A respondent may only make the motion described in Subsection (1) within 60 days
141      after the day of the hearing on the petition for the protective order.
142  (3) To prevail on a motion described in Subsection (1), the respondent shall prove the
143      allegation by clear and convincing evidence.
144  (4) The court may award reasonable attorney fees and costs to the party that prevails on the
145      motion described in Subsection (1).
146  (5) If the respondent prevails on the motion described in Subsection (1) and the petitioner
147      and respondent to the protective order proceeding are the child's parents:
148      (a) the court may order counseling for the child with a mental health therapist, as defined
149in Section 58-60-102, chosen by the respondent, for up to 20 sessions at the
150discretion of the mental health therapist; and
151      (b) the respondent may file a motion or petition with the court with jurisdiction to
152modify parent-time to award make-up parent-time in accordance with Subsection
15381-9-208(12).
154Section 3. Section 78B-7-610 is enacted to read:
15578B-7-610 . Falsification of information.
156  (1) If a petitioner files a petition with a court for a protective order, the respondent may file
157      a motion with the court alleging that the petitioner knowingly falsified a material
158      statement or material information for the purpose of obtaining the protective order.
159  (2) A respondent may only make the motion described in Subsection (1) within 60 days
160      after the day of the hearing on the petition for the protective order.
161  (3) To prevail on a motion described in Subsection (1), the respondent shall prove the
162      allegation by clear and convincing evidence.
163  (4) The court may award reasonable attorney fees and costs to the party that prevails on the
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164motion described in Subsection (1).
165Section 4. Section 81-9-208 is amended to read:
16681-9-208 . Modification or termination of a custody or parent-time order --
167   Noncompliance with a parent-time order.
168   (1) The court has continuing jurisdiction to make subsequent changes to modify:
169(a) custody of a minor child if there is a showing of a substantial and material change in
170circumstances since the entry of the order; and
171(b) parent-time for a minor child if there is a showing that there is a change in
172circumstances since the entry of the order.
173   (2) A substantial and material change in circumstances under Subsection (1)(a) includes a
174showing by a parent that the other parent:
175(a) resides with an individual or provides an individual with access to the minor child;
176and
177(b) knows that the individual:
178(i) is required to register as a sex offender, a kidnap offender, or a child abuse
179offender for an offense committed against a minor child under Title 53, Chapter 29,
180Sex, Kidnap, and Child Abuse Offender Registry; or
181(ii) has been convicted of:
182(A) a child abuse offense under Section 76-5-109, 76-5-109.2, 76-5-109.3,
18376-5-109.4, 76-5-114, or 76-5-208;
184(B) a sexual offense against a minor child under Title 76, Chapter 5, Part 4, Sexual
185Offenses, other than an offense under Section 76-5-417, 76-5-418, or 76-5-419;
186(C) an offense for kidnapping or human trafficking of a minor child under Title
18776, Chapter 5, Part 3, Kidnapping, Trafficking, and Smuggling;
188(D) a sexual exploitation offense against a minor child under Title 76, Chapter 5b,
189Sexual Exploitation Act; or
190(E) an offense that is substantially similar to an offense under Subsections
191(2)(b)(ii)(A) through (D).
192   (3) On the petition of one or both of the parents, or the joint legal or physical custodians if
193they are not the parents, the court may, after a hearing, modify or terminate an order that
194established joint legal custody or joint physical custody if:
195(a) the verified petition or accompanying affidavit initially alleges that admissible
196evidence will show that there has been a substantial and material change in the
197circumstances of the minor child or one or both parents or joint legal or physical
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198custodians since the entry of the order to be modified;
199      (b) a modification of the terms and conditions of the order would be an improvement for
200and in the best interest of the minor child; and
201      (c)(i) both parents have complied in good faith with the dispute resolution procedure
202in accordance with Subsection 81-9-205(8); or
203(ii) if no dispute resolution procedure is contained in the order that established joint
204legal custody or joint physical custody, the court orders the parents to participate
205in a dispute resolution procedure in accordance with Subsection 81-9-205(13)
206unless the parents certify that, in good faith, they have used a dispute resolution
207procedure to resolve their dispute.
208  (4)(a) In determining whether the best interest of a minor child will be served by either
209      modifying or terminating the joint legal custody or joint physical custody order, the
210      court shall, in addition to other factors the court considers relevant, consider the
211      factors described in Sections 81-9-204 and 81-9-205.
212      (b) A court order modifying or terminating an existing joint legal custody or joint
213physical custody order shall contain written findings that:
214(i) a substantial and material change of circumstance has occurred; and
215(ii) a modification of the terms and conditions of the order would be an improvement
216for and in the best interest of the minor child.
217      (c) The court shall give substantial weight to the existing joint legal custody or joint
218physical custody order when the minor child is thriving, happy, and well-adjusted.
219  (5) The court shall, in every case regarding a petition for termination of a joint legal
220      custody or joint physical custody order, consider reasonable alternatives to preserve the
221      existing order in accordance with Section 81-9-204.
222  (6) The court may modify the terms and conditions of the existing order in accordance with
223      this chapter and may order the parents to file a parenting plan in accordance with
224      Section 81-9-203.
225  (7) A parent requesting a modification from sole custody to joint legal custody or joint
226      physical custody or both, or any other type of shared parenting arrangement, shall file
227      and serve a proposed parenting plan with the petition to modify in accordance with
228      Section 81-9-203.
229  (8) If an issue before the court involves custodial responsibility in the event of deployment
230      of one or both parents who are service members, and the service member has not yet
231      been notified of deployment, the court shall resolve the issue based on the standards in
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232Sections 81-10-306 through 81-10-309.
233   (9) If the court finds that an action to modify custody or parent-time is filed or answered
234frivolously and, in a manner, designed to harass the other party, the court shall assess
235attorney fees as costs against the offending party.
236   (10) If a petition to modify custody or parent-time provisions of a court order is made and
237denied, the court shall order the petitioner to pay the reasonable attorney fees expended
238by the prevailing party in that action if the court determines that the petition was without
239merit and not asserted or defended against in good faith.
240   (11) If a motion or petition alleges noncompliance with a parent-time order by a parent, or a
241visitation order by a grandparent or other member of the immediate family where a
242visitation or parent-time right has been previously granted by the court, the court:
243(a) may award to the prevailing party:
244(i) actual attorney fees incurred;
245(ii) the costs incurred by the prevailing party because of the other party's failure to
246provide or exercise court-ordered visitation or parent-time, including:
247(A) court costs;
248(B) child care expenses;
249(C) transportation expenses actually incurred;
250(D) lost wages, if ascertainable; or
251(E) counseling for a parent or a minor child if ordered or approved by the court; or
252(iii) any other appropriate equitable remedy; and
253(b) shall award reasonable make-up parent-time to the prevailing party, unless make-up
254parent-time is not in the best interest of the minor child.
255   (12)(a) The court shall award make-up parent-time to a parent, upon a motion or petition
256from the parent if:
257(i) the parent can show that a court:
258(A) determined the other parent knowingly falsified a material statement or
259material information during a protective order proceeding as described in
260Section 78B-7-208; and
261(B) dismissed the underlying protective order on the merits after providing the
262parties to the protective order with notice and an opportunity to be heard;
263(ii) the parent lost parent-time as a result of the other parent's falsification of a
264material statement or material information during the protective order proceeding;
265and
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266(iii) there has not been a finding of abuse or neglect against the parent.
267      (b) When a court orders make-up parent-time under Subsection (12)(a):
268(i) the court shall order:
269(A) parent-time that is the same type and duration of the parent-time that was
270denied; and
271(B) that the make-up parent-time occur within two years after the day on which
272the court enters the order for make-up parent-time; and
273(ii) the court may include weekend or holiday parent-time or extended parent-time
274that was denied to the parent.
275Section 5. Effective Date.
276  This bill takes effect on May 5, 2027.
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