Public-domain · open source
OpenJurist

Utah Code § 78B-7-1203

Enforcement of Canadian domestic violence protection order by tribunal

Enacted by Chapter 212, 2025 General Session

(1) A tribunal may issue an order enforcing or refusing to enforce a Canadian domestic violence protection order on application of:

(a) a person authorized by the law of this state other than this part to seek enforcement of a domestic protection order; or

(b) a respondent.

(2) In a proceeding under Subsection (1), the tribunal shall follow the procedures of this state for enforcement of a domestic protection order.

(3) An order entered under this section is limited to the enforcement of the terms of the Canadian domestic violence protection order as described in Section 78B-7-1201.

(4) A Canadian domestic violence protection order is enforceable under this section if:

(a) the order identifies a protected individual and a respondent;

(b) the order is valid and in effect;

(c) the issuing court had jurisdiction over the parties and the subject matter under law applicable in the issuing court; and

(d) the order was issued after:

(i) the respondent was given reasonable notice and had an opportunity to be heard before the court issued the order; or

(ii) in the case of an ex parte order, the respondent was given reasonable notice and had or will have an opportunity to be heard within a reasonable time after the order was issued, in a manner consistent with the right of the respondent to due process.

(5) A Canadian domestic violence protection order valid on its face is prima facie evidence of the order's enforceability under this section.

(6) A claim that a Canadian domestic violence protection order does not comply with Subsection (4) is an affirmative defense in a proceeding seeking enforcement of the order.

(7) If a tribunal determines that a Canadian domestic violence protection order is not enforceable, the tribunal shall issue an order that the Canadian domestic violence protection order is not enforceable under this section and Section 78B-7-1202, and may not be registered under Section 78B-7-1204.

(8) This section applies to enforcement of a provision of a Canadian domestic violence protection order against a party to the order in which each party is a protected individual and respondent only if:

(a) the party seeking enforcement of the order filed a pleading requesting the order from the issuing court; and

(b) the court made specific findings that entitled the party to the enforcement sought.

Official source: Utah State Legislature. Reproduced from public-domain Utah statutes; confirm against the official source for the current text. Not legal advice.