77-3-8 - Findings and orders -- Discharge -- Undertaking -- Commitment. - Utah Statutes

77-3-8. Findings and orders -- Discharge -- Undertaking -- Commitment.
(1) If it appears there is no reasonable ground to fear the commission of the offensealleged to have been threatened, the person complained of shall be discharged. The complainantmay be ordered to pay the costs of the proceedings if the magistrate believes the complaint wasunfounded and frivolous.
(2) If there is reasonable ground to fear the commission of an offense, the court may, inaddition or as an alternative to other relief, enter an order permanently restraining the person fromengaging in illegal conduct or acting in any manner that could result in illegal conduct or theperson complained of may be required to enter into an undertaking in a sum not to exceed$3,000, with one or more sufficient sureties, to keep the peace toward the people of this state andparticularly toward the persons endangered. The conditions of the undertaking shall be in writingand shall be for a period of six months. It may be extended on good cause shown for a longerperiod or enlarged and a new undertaking may be required.
(a) If the undertaking is given, the party complained of shall be discharged.
(b) If the undertaking is not given, the magistrate shall commit the defendant to jailspecifying in the warrant of commitment the requirement to give security, the amount thereof, andthe effective period of time.
(c) A person committed for not giving the required undertaking may be discharged byany magistrate when he provides the undertaking.

Enacted by Chapter 15, 1980 General Session