Print Version
Previous PageFile uploaded: 5/8/2018

Rule 37. Child protective orders.

(a) Child protective order proceedings are governed by Section78B-7-201 et seq. Protective order proceedings may be commenced as anindependent action by filing a petition. Any interested person may file apetition for a protective order on behalf of a child as provided by statute.The petitioner shall first make a referral to the division. If an immediate exparte protective order is requested pending a hearing, the petition or anaccompanying affidavit shall set forth the facts constituting good cause forissuance of the ex parte order.

(b) If the petitioner is the agent of a public or private agency,including a law enforcement agency, the petition shall set forth the agent'stitle and the name of the agency that the petitioner represents.

(c) Petitions for protective orders by a public agency shall notbe accepted by the clerk unless reviewed and approved by the attorney for thepublic agency, whose office shall represent the petitioner in such cases.

(d) The petitioner, if a private person or agency, and therespondent may be represented by retained counsel. Subject to the limitationsin Section 78A-6-1111, the Court may appoint counsel for an indigentrespondent who is a parent, guardian or custodian of the child alleged to beabused or threatened with abuse. If the court finds in the hearing that theallegations of the petition have been established, the court may assesspetitioner's costs and attorney fees against the respondent. If the court findsthat the petition is without merit, the respondent's costs and attorney feesmay be assessed against petitioner.

(e) If an ex parte order has been issued, the hearing must be heldwithin 20 days excluding Saturdays, Sundays and legal holidays.

Effective Date:? May 1, 2018