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State v. Bridgewaters, 2020 UT 32 (May 28, 2020)

May 28, 2020

As a matter of first impression, the supreme court held that the “properly served” requirement of Utah Code § 76-5-108(1), which criminalizes violation of a protective order, requires that the protective order be served in accordance with Utah R. Civ. P. 4.  Although the protective order in this case was not properly served under this interpretation, the prior ex parte protective order remained in effect under Section 78B-7-107(1)(d), which provides, “[i]f at [the] hearing the court issues a protective order, the ex parte protective order remains in effect until service of process of the protective order is completed.”  Utah Code § 78B-7-107(1)(d).