Section 78B-7-805 - Sentencing protective orders and continuous protective orders for an offense that is not domestic violence - Modification - Expiration(1) Before a perpetrator has been convicted of or adjudicated for an offense that is not domestic violence is placed on probation, the court may consider the safety and protection of the victim and any member of the victim's family or household.(2) The court may condition probation or a plea in abeyance on the perpetrator's compliance with a sentencing protective order that includes:(a) an order enjoining the perpetrator from threatening to commit or committing acts of domestic violence against the victim or other family or household member;(b) an order prohibiting the perpetrator from harassing, telephoning, contacting, or otherwise communicating with the victim, directly or indirectly;(c) an order requiring the perpetrator to stay away from the victim's residence, school, place of employment, and the premises of any of these, or a specified place frequented regularly by the victim or any designated family or household member;(d) an order prohibiting the perpetrator from purchasing, using, or possessing a firearm or other specified weapon;(e) an order directing the perpetrator to surrender any weapons the perpetrator owns or possesses; and(f) an order imposing any other condition necessary to protect the victim and any other designated family or household member or to rehabilitate the perpetrator.(3)(a) If a perpetrator is convicted of an offense that is not domestic violence resulting in a sentence of imprisonment that is to be served after conviction, the court may issue a continuous protective order at the time of the conviction or sentencing limiting the contact between the perpetrator and the victim if the court determines by clear and convincing evidence that the victim has a reasonable fear of future harm or abuse.(b)(i) The court shall notify the perpetrator of the right to request a hearing.(ii) If the perpetrator requests a hearing under this Subsection (3), the court shall hold the hearing at the time determined by the court and the continuous protective order shall be in effect while the hearing is being scheduled and while the hearing is pending.(c) Except as provided in Subsection (6), a continuous protective order is permanent in accordance with this Subsection (3)(c) and may include any order described in Subsection 78B-7-804(3)(c).(4) A continuous protective order issued under this section may be modified or dismissed only in accordance with Subsection 78B-7-804(4).(5) Except as provided in Subsection (6), in addition to the process of issuing a continuous protective order described in Subsection (3)(a), a district court may issue a continuous protective order at any time in accordance with Subsection 78B-7-804(5).(6)(a) Unless the juvenile court transfers jurisdiction of the offense to the district court under Section 80-6-504, a continuous protective order may not be issued under this section against a perpetrator who is a minor.(b) Unless the court sets an earlier date for expiration, a sentencing protective order issued under this section against a perpetrator who is a minor expires on the earlier of: (i) the day on which the juvenile court terminates jurisdiction; or(ii) in accordance with Section 80-6-807, the day on which the Division of Juvenile Justice and Youth Services discharges the perpetrator.Amended by Chapter 240, 2024 General Session ,§ 99, eff. 5/1/2024.Amended by Chapter 159, 2021 General Session ,§ 25, eff. 5/5/2021, coordination clause.Amended by Chapter 159, 2021 General Session ,§ 24, eff. 5/5/2021.Added by Chapter 142, 2020 General Session ,§ 65, eff. 7/1/2020.