78B-7-304 - Nonjudicial enforcement of order. - Utah Statutes

78B-7-304. Nonjudicial enforcement of order.
(1) A law enforcement officer of this state, upon determining that there is probable causeto believe that a valid foreign protection order exists and that the order has been violated, shallenforce the order as if it were the order of a tribunal of this state. Presentation of a protectionorder that identifies both the protected individual and the respondent and, on its face, is currentlyin effect constitutes probable cause to believe that a valid foreign protection order exists. For thepurposes of this section, the protection order may be inscribed on a tangible medium or may havebeen stored in an electronic or other medium if it is retrievable in perceivable form. Presentationof a certified copy of a protection order is not required for enforcement.
(2) If a foreign protection order is not presented, a law enforcement officer of this statemay consider other information in determining whether there is probable cause to believe that avalid foreign protection order exists.
(3) If a law enforcement officer of this state determines that an otherwise valid foreignprotection order cannot be enforced because the respondent has not been notified or served withthe order, the officer shall inform the respondent of the order, make a reasonable effort to servethe order upon the respondent, and allow the respondent a reasonable opportunity to comply withthe order before enforcing the order.
(4) Registration or filing of an order in this state is not required for the enforcement of avalid foreign protection order pursuant to this part.

Renumbered and Amended by Chapter 3, 2008 General Session