Workplace Violence Protective Orders

Utah Code tit. 78B, ch. 78B-7, pt. 78B-7-P11

in effect

Utah Code § 78B-7-1101 Definitions for part.

78B-7-1101. Definitions for part. As used in this part: (1) "Employee" means: (a) an individual who is employed by an employer for compensation; or (b) a volunteer. (2) "Employer" means: (a) a person that employs an individual in this state; or (b) a nonprofit organization for which volunteers donate services. (3) "Ex parte workplace violence protective order" means an order issued without notice to the respondent under this part. (4) "Protective order" means: (a) a workplace violence protective order; or (b) an ex parte workplace violence protective order. (5) "Workplace violence" means knowingly causing or threatening to cause bodily injury to, or significant damage to the property of, a person, if: (a) the person is: (i) an employer; (ii) an employee performing the employee's duties as an employee; or (iii) an employee who is a volunteer; and (b) (i) the action would cause a reasonable person to feel terrorized, frightened, intimidated, or harassed; or (ii) the threat: (A) would cause a reasonable person to fear that the threat will be carried out; and (B) if carried out, would cause a reasonable person to feel terrorized, frightened, intimidated, or harassed. (6) "Volunteer" means an individual who donates services without pay or other compensation to a nonprofit organization except for expenses actually and reasonably incurred by the nonprofit organization. (7) "Workplace violence protective order" means an order issued under this part after a hearing on the petition, of which the petitioner and respondent have been given notice. Amended by Chapter 377, 2026 General Session

Utah Code § 78B-7-1102 Petition for a workplace violence protective order -- Notice to known targets of workplace violence.

78B-7-1102. Petition for a workplace violence protective order -- Notice to known targets of workplace violence. (1) An employer may seek, or authorize an agent to seek, a protective order in accordance with this part, if the employer reasonably believes workplace violence has occurred against the employer or an employee of the employer. (2) If an employer seeking a workplace violence protective order as described in Subsection (1) has knowledge that a specific individual is the target of workplace violence, the employer shall make a good faith effort to notify the targeted individual that the employer is seeking a workplace violence protective order. Enacted by Chapter 170, 2023 General Session

Utah Code § 78B-7-1103 Workplace violence protective orders -- Ex parte workplace violence protective orders -- Modification of orders -- Evidence in another lawsuit.

78B-7-1103. Workplace violence protective orders -- Ex parte workplace violence protective orders -- Modification of orders -- Evidence in another lawsuit. (1) If it appears from a petition for a protective order or a petition to modify an existing protective order that workplace violence has occurred, the court may: (a) without notice, immediately issue an ex parte workplace violence protective order against the respondent or modify an existing workplace violence protective order ex parte, if necessary to protect the petitioner or any party named in the petition; or (b) upon notice to the respondent, issue a workplace violence protective order or modify a workplace violence protective order after a hearing, regardless of whether the respondent appears. (2) (a) The court may grant the following relief with or without notice or a hearing in a protective order or in a modification to a protective order: (i) enjoin the respondent from committing workplace violence; (ii) enjoin the respondent from threatening the petitioner or an employee of the petitioner while: (A) performing the employee's duties as an employee; or (B) donating services to the employer if the employer is a nonprofit organization and the employee is a volunteer; or (iii) subject to Subsection (2)(c), order that the respondent is excluded and shall stay away from the petitioner's workplace. (b) Except as provided in Subsection (2)(a), a protective order may not restrict the respondent's communications. (c) The court shall narrowly tailor an order described in Subsection (2)(a)(iii) to the location where the respondent caused or threatened to cause bodily injury to, or significant damage to property of, the petitioner or an employee of the petitioner. (3) After the court issues a protective order, the court shall: (a) as soon as possible, deliver the order to the county sheriff for service of process; (b) transmit electronically, by the end of the business day after the day on which the court issues the protective order, a copy of the protective order to the local law enforcement agency that the petitioner designates; and (c) transmit a copy of the protective order in the same manner as described in Section 78B-7-113. (4) The court may modify or vacate a protective order after notice and hearing, if the petitioner: (a) (i) is personally served with notice of the hearing, as provided in the Utah Rules of Civil Procedure; and (ii) appears before the court to give specific consent to the modification or vacation of the provisions of the protective order; or (b) submits an affidavit agreeing to the modification or vacation of the provisions of the protective order. (5) The existence of a protective order may not be used as evidence of liability or damages in a lawsuit between the petitioner and the respondent regardless of whether the petitioner or respondent seeks to admit the facts underlying the protective order as evidence. Amended by Chapter 377, 2026 General Session

Utah Code § 78B-7-1104 Hearings -- Expiration.

78B-7-1104. Hearings -- Expiration. (1) (a) A court shall set a date for a hearing on the petition to be held within 21 days after the day on which the court issues an ex parte workplace violence protective order. (b) If, at the hearing described in Subsection (1)(a), the court does not issue a workplace violence protective order, the ex parte workplace violence protective order expires on the day on which the hearing is held, unless the court extends the ex parte workplace violence protective order. (c) Subject to Subsection (1)(d), a court may not extend an ex parte workplace violence protective order beyond 21 days after the day on which the court issues the ex parte workplace violence protective order, unless: (i) a party is unable to be present at the hearing for good cause, established by the party's sworn affidavit; (ii) the respondent has not been served; or (iii) exigent circumstances exist. (d) If, at the hearing described in Subsection (1)(a), the court issues a workplace violence protective order, the ex parte workplace violence protective order remains in effect until service of process of the workplace violence protective order is completed. (e) A workplace violence protective order issued after notice and a hearing remains in effect for a period the court determines, not to exceed 18 months after the day on which the court issues the order, unless the order is extended in accordance with Section 78B-7-1105. (f) (i) If the hearing on the petition is heard by a commissioner, either the petitioner or respondent may file an objection within 10 calendar days after the day on which the commissioner enters the recommended order. (ii) If a party files an objection as described in Subsection (1)(f)(i), the judge shall hold a hearing on the objection within 21 days after the day on which the party files the objection. (2) (a) If a court denies a petition for an ex parte workplace violence protective order or a petition to modify a workplace violence protective order ex parte, the petitioner may, within five days after the day on which the court denies the petition, request a hearing. (b) If the petitioner requests a hearing as described in Subsection (2)(a), the court shall: (i) set a hearing to be held within 21 days after the day on which the petitioner makes the request; and (ii) notify and serve the respondent. Enacted by Chapter 170, 2023 General Session

Utah Code § 78B-7-1105 Extension.

78B-7-1105. Extension. (1) A workplace violence protective order expires automatically, unless the petitioner: (a) files a motion before the day on which the workplace violence protective order expires; and (b) demonstrates that: (i) there is a substantial likelihood that workplace violence will occur against the petitioner or an employee of the petitioner while: (A) performing the employee's duties as an employee; or (B) donating services to the employer if the employer is a nonprofit organization and the employee is a volunteer; or (ii) the respondent committed or was convicted of a violation of the workplace violence protective order that the petitioner requests be extended. (2) (a) Subject to Subsection (2)(b), if a court grants a motion described in Subsection (1)(a), the court shall set a new date on which the workplace violence protective order expires. (b) A court may not extend a workplace violence protective order for more than 18 months after the day on which the court issues the order for extension. (3) After the day on which the court issues an extension of a workplace violence protective order, the court shall take the action described in Subsection 78B-7-1103(3). (4) This part does not prohibit a petitioner from seeking another protective order after the day on which the petitioner's protective order expires. Amended by Chapter 377, 2026 General Session

Utah Code § 78B-7-1106 Service of process.

78B-7-1106. Service of process. (1) The county sheriff that receives an order from a court under Subsection 78B-7-1103(3) or 78B-7-1105(3), shall: (a) provide expedited service for the protective order; and (b) after the protective order is served, transmit verification of service of process to the statewide network described in Section 78B-7-113. (2) This section does not prohibit another law enforcement agency from providing service of process if the law enforcement agency: (a) has contact with the respondent; or (b) determines that, under the circumstances, providing service of process on the respondent is in the best interest of the petitioner. Enacted by Chapter 170, 2023 General Session

Utah Code § 78B-7-1107 Penalties.

78B-7-1107. Penalties. A violation of a protective order issued under this part is a class A misdemeanor. Enacted by Chapter 170, 2023 General Session

Utah Code § 78B-7-1108 Employer liability.

78B-7-1108. Employer liability. (1) An employer is immune from civil liability for: (a) seeking a workplace violence protective order, if the employer acts in good faith in seeking the order; or (b) failing to seek a workplace violence protective order. (2) An employer's action or statement made under this part: (a) is not an admission of any fact; and (b) may be used for purposes of impeachment. Enacted by Chapter 170, 2023 General Session

Utah Code § 78B-7-1109 Limitations of part.

78B-7-1109. Limitations of part. This part does not: (1) modify the duty of an employer to provide a safe workplace for the employees of the employer; (2) prohibit a person from engaging in constitutionally protected exercise of free speech, including non-threatening speech and speech involving labor disputes concerning organized labor; (3) prohibit a person from engaging in an activity that is part of a labor dispute; or (4) create an agency relationship between a nonprofit organization and a volunteer donating services to the nonprofit organization. Amended by Chapter 377, 2026 General Session

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title78B/Chapter7/78B-7-P11.html?v=C78B-7-P11_2023050320230701Fetched: 10/26/2026