UPDATE on new Utah Rules of Civil Procedure Rule 109:
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Subject: [UtahStateBarNews] Notice of new effective date for Rule 109 of the Utah Rules of Civil Procedure
The Utah Supreme Court has adopted a new effective date of January 1, 2020 for the following rule. The rule was formerly effective November 1, 2019. The January date will accommodate programming changes necessary to effectuate the rule’s purposes.
URCP109. Injunction in certain domestic relations cases. New. Provides that in certain domestic relations cases, an injunction will enter upon the filing of the case. Its provisions address areas such as disposing of property, disturbing the peace of the other party, committing domestic violence, using the other party’s identification to obtain credit, interfering with telephone or utility service, modifying insurance, and behavior around the minor children. The injunction is binding on the petitioner upon filing the initial petition and on the respondent after the filing of the initial petition and upon receipt of a signed copy of the injunction as entered by the court.
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The Utah Rules of Civil Procedure have been amended with a new rule, Rule 109, entitled “Injunction in Certain Domestic Relations Cases”. The rule does not go into effect until November 1, 2019, but when it does, it will affect every Utah divorce case and other kinds of family law cases. Here is the text of the rule with the highlights in red text.
Utah Rules of Civil Procedure Rule 109. Injunction in Certain Domestic Relations Cases
(effective November 1, 2019)
(a) Actions in which a domestic injunction enters. Unless the court orders otherwise, in an action for divorce, annulment, temporary separation, custody, parent time, support, or paternity, the court will enter an injunction when the initial petition is filed. Only the injunction’s applicable provisions will govern the parties to the action.
(b) General provisions.
(b)(1) If the action concerns the division of property then neither party may transfer, encumber, conceal, or dispose of any property of either party without the written consent of the other party or an order of the court, except in the usual course of business or to provide for the necessities of life.
(b)(2) Neither party may, through electronic or other means, disturb the peace of, harass, or intimidate the other party.
(b)(3) Neither party may commit domestic violence or abuse against the other party or a child.
(b)(4) Neither party may use the other party’s name, likeness, image, or identification to obtain credit, open an account for service, or obtain a service.
(b)(5) Neither party may cancel or interfere with telephone, utility, or other services used by the other party.
(b)(6) Neither party may cancel, modify, terminate, change the beneficiary, or allow to lapse for voluntary nonpayment of premiums, any policy of health insurance, homeowner’s or renter’s insurance, automobile insurance, or life insurance without the written consent of the other party or pursuant to further order of the court.
(c) Provisions regarding a minor child. The following provisions apply when a minor child is a subject of the petition.
(c)(1) Neither party may engage in non-routine travel with the child without the written consent of the other party or an order of the court unless the following information has been provided to the other party:
(c)(1)(A) an itinerary of travel dates and destinations;
(c)(1)(B) how to contact the child or traveling party; and
(c)(1)(C) the name and telephone number of an available third person who will know the child’s location.
(c)(2) Neither party may do the following in the presence or hearing of the child:
(c)(2)(A) demean or disparage the other party;
(c)(2)(B) attempt to influence a child’s preference regarding custody or parent time; or
(c)(2)(C) say or do anything that would tend to diminish the love and affection of the child for the other party, or involve the child in the issues of the petition.
(c)(3) Neither party may make parent time arrangements through the child.
(c)(4) When the child is under the party’s care, the party has a duty to use best efforts to prevent third parties from doing what the parties are prohibited from doing under this order or the party must remove the child from those third parties.
(d) When the injunction is binding. The injunction is binding
(d)(1) on the petitioner upon filing the initial petition; and
(d)(2) on the respondent after filing of the initial petition and upon receipt of a copy of the injunction as entered by the court.
(e) When the injunction terminates. The injunction remains in effect until the final decree is entered, the petition is dismissed, the parties otherwise agree in a writing signed by all parties, or further order of the court.
(f) Modifying or dissolving the injunction. A party may move to modify or dissolve the injunction.
(f)(1) Prior to a responsive pleading being filed, the court shall determine a motion to modify or dissolve the injunction as expeditiously as possible. The moving party must serve the nonmoving party at least 48 hours before a hearing.
(f)(2) After a responsive pleading is filed, a motion to modify or to dissolve the injunction is governed by Rule 7 or Rule 101, as applicable.
(g) Separate conflicting order. Any separate order governing the parties or their minor children will control over conflicting provisions of this injunction.
(h) Applicability. This rule applies to all parties other than the Office of Recovery Services.
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