78B-7-205 - Service -- Income withholding -- Expiration. - Utah Statutes

78B-7-205. Service -- Income withholding -- Expiration.
(1) If the court enters an ex parte child protective order or a child protective order, thecourt shall:
(a) make reasonable efforts to ensure that the order is understood by the petitioner andthe respondent, if present;
(b) as soon as possible transmit the order to the county sheriff for service; and
(c) by the end of the next business day after the order is entered, transmit electronically acopy of the order to any law enforcement agency designated by the petitioner and to the statewidedomestic violence network described in Section 78B-7-113.
(2) The county sheriff shall serve the order and transmit verification of service to thestatewide domestic violence network described in Section 78B-7-113 in an expeditious manner. Any law enforcement agency may serve the order and transmit verification of service to thestatewide domestic violence network if the law enforcement agency has contact with therespondent or if service by that law enforcement agency is in the best interests of the child.
(3) When an order is served on a respondent in a jail, prison, or other holding facility, thelaw enforcement agency managing the facility shall notify the petitioner of the respondent'srelease. Notice to the petitioner consists of a prompt, good faith effort to provide notice,including mailing the notice to the petitioner's last-known address.
(4) Child support orders issued as part of a child protective order are subject tomandatory income withholding under Title 62A, Chapter 11, Part 4, Income Withholding inIV-D Cases, and Title 62A, Chapter 11, Part 5, Income Withholding in Non IV-D Cases.
(5) After notice and hearing a court may modify or vacate a child protective orderwithout a showing of substantial and material change in circumstances, except that the criminalprovisions of the child protective order may not be vacated within two years of issuance unlessthe petitioner:
(a) is personally served with notice of the hearing as provided in Rule 4, Utah Rules ofCivil Procedure, and the petitioner personally appears before the court and gives specific consentto the vacation of the criminal provisions of the protective order; or
(b) submits a verified affidavit, stating agreement to the vacation of the criminalprovisions of the protective order.
(6) The child protective order expires 150 days after the date of the order unless adifferent date is set by the court. The court may not set a date more than 150 days after the dateof the order without a finding of good cause. The court may review and extend the expirationdate, but may not extend it to more than 150 days after the date of the order without a finding ofgood cause.
(7) Notwithstanding Subsections (5) and (6), unless the judge orders otherwise all childprotective orders expire when the subject of the order is 18 years of age, unless the judge vacatesthe order earlier.

Amended by Chapter 146, 2009 General Session