78B-7-105 - Forms for petitions and protective orders -- Assistance.
78B-7-105. Forms for petitions and protective orders -- Assistance.
(1) (a) The offices of the court clerk shall provide forms and nonlegal assistance topersons seeking to proceed under this chapter.
(b) The Administrative Office of the Courts shall develop and adopt uniform forms forpetitions and orders for protection in accordance with the provisions of this chapter. That officeshall provide the forms to the clerk of each court authorized to issue protective orders. Theforms shall include:
(i) a statement notifying the petitioner for an ex parte protective order that knowingfalsification of any statement or information provided for the purpose of obtaining a protectiveorder may subject the petitioner to felony prosecution;
(ii) a separate portion of the form for those provisions, the violation of which is acriminal offense, and a separate portion for those provisions, the violation of which is a civilviolation, as provided in Subsection 78B-7-106(5);
(iii) language in the criminal provision portion stating violation of any criminal provisionis a class A misdemeanor, and language in the civil portion stating violation of or failure tocomply with a civil provision is subject to contempt proceedings;
(iv) a space for information the petitioner is able to provide to facilitate identification ofthe respondent, such as social security number, driver license number, date of birth, address,telephone number, and physical description;
(v) a space for the petitioner to request a specific period of time for the civil provisions tobe in effect, not to exceed 150 days, unless the petitioner provides in writing the reason for therequested extension of the length of time beyond 150 days;
(vi) a statement advising the petitioner that when a minor child is included in an ex parteprotective order or a protective order, as part of either the criminal or the civil portion of theorder, the petitioner may provide a copy of the order to the principal of the school where the childattends; and
(vii) a statement advising the petitioner that if the respondent fails to return custody of aminor child to the petitioner as ordered in a protective order, the petitioner may obtain from thecourt a writ of assistance.
(2) If the person seeking to proceed under this chapter is not represented by an attorney,it is the responsibility of the court clerk's office to provide:
(a) the forms adopted pursuant to Subsection (1);
(b) all other forms required to petition for an order for protection including, but notlimited to, forms for service;
(c) clerical assistance in filling out the forms and filing the petition, in accordance withSubsection (1)(a). A court clerk's office may designate any other entity, agency, or person toprovide that service, but the court clerk's office is responsible to see that the service is provided;
(d) information regarding the means available for the service of process;
(e) a list of legal service organizations that may represent the petitioner in an actionbrought under this chapter, together with the telephone numbers of those organizations; and
(f) written information regarding the procedure for transporting a jailed or imprisonedrespondent to the protective order hearing, including an explanation of the use of transportationorder forms when necessary.
(3) No charges may be imposed by a court clerk, constable, or law enforcement agencyfor:
(a) filing a petition under this chapter;
(b) obtaining an ex parte protective order;
(c) obtaining copies, either certified or not certified, necessary for service or delivery tolaw enforcement officials; or
(d) fees for service of a petition, ex parte protective order, or protective order.
(4) A petition for an order of protection shall be in writing and verified.
(5) (a) All orders for protection shall be issued in the form adopted by the AdministrativeOffice of the Courts pursuant to Subsection (1).
(b) Each protective order issued, except orders issued ex parte, shall include thefollowing language:
"Respondent was afforded both notice and opportunity to be heard in the hearing thatgave rise to this order. Pursuant to the Violence Against Women Act of 1994, P.L. 103-322, 108Stat. 1796, 18 U.S.C.A. 2265, this order is valid in all the United States, the District ofColumbia, tribal lands, and United States territories. This order complies with the UniformInterstate Enforcement of Domestic Violence Protection Orders Act."
(c) Each protective order issued in accordance with this part, including protective ordersissued ex parte, shall include the following language:
"NOTICE TO PETITIONER: The court may amend or dismiss a protective order afterone year if it finds that the basis for the issuance of the protective order no longer exists and thepetitioner has repeatedly acted in contravention of the protective order provisions to intentionallyor knowingly induce the respondent to violate the protective order, demonstrating to the courtthat the petitioner no longer has a reasonable fear of the respondent."
Amended by Chapter 232, 2009 General Session