SB 304: Protective Order Amendments - Utah

Substitute #1 → Substitute #2 · 5 edits

MODERATE

This bill updates Utah's protective order laws to explicitly address situations where a party knowingly lies to obtain an order. It adds new definitions for terms like 'dating partner' and 'cohabitant' to clarify who is covered. Most importantly, it creates a legal mechanism for the accused party to challenge a protective order if they can prove the other party falsified information, potentially resulting in attorney fees, counseling, and 'make-up' parenting time for the wronged parent.

Scope change

The bill expands the scope of protective order proceedings by allowing respondents to file motions alleging falsification of information and by clarifying the definitions of relationships covered under the law.

DEFINITION

Added specific definitions for 'dating partner', 'dating relationship', 'cohabitant', and 'material statement or material information' to clarify who is protected and what constitutes relevant evidence.

Updated the definition of 'cohabitant' to include specific exclusions for minor siblings and natural/adoptive parents to narrow the scope of who qualifies as a cohabitant under the law.

ENFORCEMENT

Created a new process allowing a respondent to file a motion within 60 days after a hearing to allege the petitioner knowingly falsified information to get the order.

Authorized courts to award attorney fees and costs to the party that wins the motion proving falsification occurred.

REQUIREMENT

Established a right to 'make-up' parenting time for a parent who lost visitation due to the other parent's falsification of information in a protective order proceeding.

Amended 3/6/2026 23:03:207 → Substitute #1 · 5 edits

MODERATE

This bill introduces new legal mechanisms to address situations where a party knowingly lies to obtain a protective order. It allows the accused party to file a motion to prove the falsification of information and enables courts to award attorney fees and order 'make-up' parenting time if the protective order is dismissed due to those lies.

Scope change

The bill expands the scope of protective order proceedings by adding specific procedures for challenging the validity of orders based on intentional misinformation.

ENFORCEMENT

Added a new process allowing respondents to file a motion within 60 days alleging that a petitioner knowingly falsified information to get a protective order.

Authorized courts to award reasonable attorney fees and costs to the party that successfully proves the other party lied about the protective order.

REQUIREMENT

Established that a respondent must prove the allegation of falsification using 'clear and convincing evidence' to succeed in their motion.

Created a new remedy for parents who lost parenting time due to the other parent's lies: if the protective order is dismissed, the court must award 'make-up' parenting time within two years.

DEFINITION

Added specific definitions for 'material statement or material information' to clarify what information counts as relevant to the new falsification claims.

Amended Excerpts 3/6/2026 23:03:207 → Amended 3/6/2026 23:03:207 · 5 edits

MODERATE

This bill introduces new definitions for protective order terms like 'dating partner' and 'cohabitant' to clarify who is covered under Utah's protective order laws. It also adds a mechanism allowing courts to sanction parties who knowingly falsified information to obtain these orders, including provisions for awarding attorney fees and making up denied parent-time.

Scope change

The bill expands the scope of protective order definitions and adds enforcement mechanisms for false information, applying to existing protective order proceedings.

DEFINITION

Added specific definitions for 'dating partner', 'dating relationship', 'cohabitant', and related terms to clarify eligibility and scope.

ENFORCEMENT

Created a process for respondents to file motions alleging that a petitioner knowingly falsified information to obtain a protective order.

Authorized courts to award reasonable attorney fees and costs to the party that prevails on a motion regarding falsified information.

REQUIREMENT

Established a requirement for clear and convincing evidence to prove allegations of falsification in court motions.

Provided for court-ordered counseling for children and make-up parent-time when a parent's visitation is denied due to the other parent's falsification of information.

Enrolled → Amended Excerpts 3/6/2026 23:03:207 · 6 edits

MODERATE

This bill introduces new procedures to punish parents who knowingly lie to obtain protective orders. It allows the accused parent to file a motion to prove the lie by clear and convincing evidence, potentially resulting in attorney fees and 'make-up' parenting time for the harmed parent. The bill also adds a specific definition for 'material statement or material information' to clarify what counts as a lie in this context.

Scope change

The bill expands the scope of Utah's protective order laws by adding a specific mechanism to address and penalize the falsification of information used to secure those orders.

REQUIREMENT

Added a new legal process allowing a respondent to file a motion alleging that a petitioner knowingly falsified information to get a protective order.

Created a specific remedy where a parent who lost visitation due to the other parent's lies can be awarded 'make-up' parenting time.

ENFORCEMENT

Established that a respondent must prove the allegation of falsification by 'clear and convincing evidence' to succeed.

Authorized courts to award reasonable attorney fees and costs to the party that successfully proves the other party lied.

DEFINITION

Defined 'material statement or material information' as any statement made to support an abuse allegation that could influence the court's decision.

TIMELINE

Set a 60-day deadline for the respondent to file the motion alleging falsification after the hearing on the protective order.

Introduced → Enrolled · 5 edits · Mar 23, 2026

MODERATE

This bill updates Utah's protective order laws to clarify definitions of relationships like 'dating partners' and 'cohabitants' and to address situations where a party lies to get a protective order. It adds new penalties for falsifying information, allows courts to award 'make-up' parenting time if a parent was wrongly denied visitation due to lies, and permits courts to consider fault when dividing property or awarding alimony in divorce cases.

Scope change

The bill expands the scope of protective order proceedings by introducing specific mechanisms to handle allegations of fraud and by allowing fault to influence financial and property decisions in divorce.

DEFINITION

Added specific definitions for 'dating partner,' 'dating relationship,' and 'cohabitant' to clarify who is protected under domestic violence laws.

Updated the definition of 'dating relationship' to include a list of factors courts must consider to determine if a romantic relationship exists.

ENFORCEMENT

Created a new process allowing respondents to file a petition if the petitioner knowingly lied about abuse to get a protective order, resulting in sanctions and attorney fees.

REQUIREMENT

Established a right to 'make-up' parenting time for a parent who lost visitation because the other parent falsified information to obtain a protective order.

Modified divorce laws to require courts to consider fault when dividing property or awarding alimony if a party alleges it, and allowed courts to seal records in such cases.

Protective Order Amendments

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