UtahPeople may challenge knowingly false protection claims starting May 2027
Starting May 5, 2027, Utah's signed law allows people facing certain protective order requests to challenge knowingly false abuse claims and seek lawyer fees.
What it does
Starting May 5, 2027, people facing child or cohabitant abuse protective order requests may challenge knowingly false claims. Courts may award lawyer fees and costs to the winning side.
Starting May 5, 2027, courts must replace parenting time lost to proven false child protection claims upon request, if the order was dismissed on its merits and the parent has no abuse or neglect finding.
Starting May 5, 2027, courts may order up to 20 counseling sessions for a child when one parent proves the other knowingly gave false information to obtain a child protective order.
Argument forEligible parents could recover time with their children when proven false claims caused them to lose visits.
Argument againstPeople seeking protection could face extra court disputes and lawyer fees if they lose a challenge over knowingly false information.
More detail
People facing a protective order request may ask the court to decide whether the person seeking protection knowingly gave false information to obtain the order. These rules cover child protective orders and cohabitant abuse protective orders, which cover certain family, household, or intimate relationships. The information must support an abuse or domestic violence claim and could influence the court's decision to issue the order. The person bringing the challenge must prove deliberate falsification by clear and convincing evidence, a high level of proof. The court may award reasonable lawyer fees and costs to either side that wins the challenge. The law takes effect May 5, 2027. A challenge must be filed within 60 days after the day of the hearing on the protective order request.
Courts must award replacement time with a child when a parent requests it and meets the required conditions. Replacement visits must match the type and length of the time denied. They may include missed weekends, holidays, or extended visits. A court must have found that the other parent knowingly gave false information in a child protective order case and dismissed the order on its merits after notice and an opportunity for both sides to be heard. The parent must have lost time with the child because of that false information and have no finding of abuse or neglect against them. The law takes effect May 5, 2027. Replacement parenting time must occur within two years after the day the court orders it.
Courts may order counseling for a child when a parent wins a challenge to knowingly false information in a child protective order case. This counseling provision applies to child protective order cases. Both people in the protective order case must be the child's parents. The challenging parent must prove by clear and convincing evidence that the other parent knowingly falsified information that could influence the court's decision to issue the order. The parent who wins the challenge chooses the mental health therapist. The therapist decides the number of sessions, up to 20. The counseling provision takes effect May 5, 2027.
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Where it stands
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Mar 23Governor Spencer Cox SignedBecame Law
- Mar 13Senate/ to GovernorTo Governor
- Mar 13Senate/ received enrolled bill from PrintingMinor
- Mar 12Senate/ enrolled bill to Printing
- Mar 12Enrolled Bill Returned to House or SenateMinor
- Mar 11Draft of Enrolled Bill Prepared
- Mar 11Bill Received from Senate for EnrollingMinor
- Mar 11Senate/ signed by President/ sent for enrollingMajor
- Mar 11Senate/ received from HouseMinor
- Mar 7House/ to Senate
- Vote recorded Senate/ concurs with House amendment. Result: pass.Upper
- Vote recorded House/ passed 3rd reading. Result: pass.Lower
- Mar 7House/ signed by Speaker/ returned to SenateMajor
- Mar 7House/ received from SenateMinor
- Mar 7Senate/ to House
- Mar 7Senate/ concurs with House amendmentMajor
- Mar 7Senate/ placed on Concurrence Calendar
- Mar 7Senate/ received from HouseMinor
- Mar 7House/ to Senate
- Mar 7House/ passed 3rd readingMajor
- Mar 7House/ floor amendment
- Mar 7House/ uncircled
- Mar 7House/ circled
- Mar 7House/ 3rd readingMinor
- Mar 6House/ 2nd readingMinor
- Mar 6House/ Rules to 3rd Reading Calendar
- Mar 5LFA/ fiscal note publicly available for SB0304S02
- Mar 4LFA/ fiscal note sent to sponsor for SB0304S02
- Vote recorded Senate/ passed 2nd & 3rd readings/ suspension. Result: pass.Upper
- Vote recorded Senate/ passed 2nd & 3rd readings/ suspension. Result: pass.Upper
- Mar 4House/ 1st reading (Introduced)Minor
- Mar 4House/ received from SenateMinor
- Mar 4Senate/ to House
- Mar 4Senate/ passed 2nd & 3rd readings/ suspensionPassed House
- Mar 4Senate/ substituted
- Mar 4Senate/ uncircled
- Mar 4LFA/ bill sent to agencies for fiscal input for SB0304S02
- Mar 4LFA/ bill assigned to staff for fiscal analysis for SB0304S02
- Mar 4Senate/ circled
- Mar 4Senate/ 2nd readingMinor
- Mar 4Senate/ placed on 2nd Reading Calendar
- Mar 4Senate/ motion to reconsider
- Mar 4Senate/ to House
- Mar 4Senate/ passed 2nd & 3rd readings/ suspensionPassed Senate
- Mar 4Senate/ floor amendment
- Mar 4Senate/ floor amendment
- Mar 4Senate/ uncircled
- Mar 2Senate/ circled
- Mar 2Senate/ 2nd & 3rd readings/ suspensionMinor
- Feb 28LFA/ fiscal note publicly available for SB0304S01
- Feb 28LFA/ fiscal note sent to sponsor for SB0304S01
- Feb 25Senate/ placed on 2nd Reading Calendar
- Feb 25Senate/ comm rpt/ substituted [Senate Judiciary, Law Enforcement, and Criminal Justice Committee]
- Feb 25Senate Comm - Favorable Recommendation [Senate Judiciary, Law Enforcement, and Criminal Justice Committee]Minor
- Feb 25Senate Comm - Substitute Recommendation [Senate Judiciary, Law Enforcement, and Criminal Justice Committee]Major
- Feb 24LFA/ bill sent to agencies for fiscal input for SB0304S01
- Feb 24LFA/ bill assigned to staff for fiscal analysis for SB0304S01
- Feb 23Senate/ received fiscal note from Fiscal AnalystMinor
- Feb 23LFA/ fiscal note publicly available for SB0304
- Feb 20Senate Comm - Not Considered [Senate Judiciary, Law Enforcement, and Criminal Justice Committee]
- Feb 20LFA/ fiscal note sent to sponsor for SB0304
- Feb 18Senate/ to standing committee [Senate Judiciary, Law Enforcement, and Criminal Justice Committee]Minor
- Feb 17Senate/ 1st reading (Introduced)Minor
- Feb 17Senate/ received bill from Legislative ResearchMinor
- Feb 17LFA/ bill sent to agencies for fiscal input for SB0304
- Feb 17LFA/ bill assigned to staff for fiscal analysis for SB0304
- Feb 17Numbered Bill Publicly Distributed
- Feb 17Bill Numbered but not DistributedIntroduced
Criminal JusticePublic SafetyMental Health