(1) A court may not grant a mutual order or mutual civil stalking injunction to opposing parties, unless each party: (a) files an independent petition against the other for a civil stalking injunction, and both petitions are served; (b) makes a showing at an evidentiary hearing on the civil stalking injunction that stalking has occurred by the other party; and (c) demonstrates the alleged act did not occur in self-defense.
(a) files an independent petition against the other for a civil stalking injunction, and both petitions are served;
(b) makes a showing at an evidentiary hearing on the civil stalking injunction that stalking has occurred by the other party; and
(c) demonstrates the alleged act did not occur in self-defense.
(2) If the court issues mutual civil stalking injunctions, the court shall include specific findings of all elements of Subsection (1) in the court order justifying the entry of the court orders.
(3) A court may not grant a civil stalking injunction to a civil petitioner who is the respondent or defendant subject to a civil stalking injunction, protective order, child protective order, or ex parte child protective order: (a) issued under: (i)Chapter 3a, Stalking Injunctions; (ii) a foreign protection order enforceable under Title 78B, Chapter 7, Part 3, Uniform Interstate Enforcement of Domestic Violence Protection Orders Act; (iii)Chapter 36, Cohabitant Abuse Procedures Act; (iv)Title 78A, Chapter 6, Juvenile Court Act; or (v)Title 78B, Chapter 7, Part 1, Cohabitant Abuse Act; and (b) unless the court determines that the requirements of Subsection (1) are met, and: (i) the same court issued the order for protection against the respondent; or (ii) if the matter is before a subsequent court, the subsequent court: (A) determines it would be impractical for the original court to consider the matter; or (B) confers with the court that issued the order for protection.
(a) issued under: (i)Chapter 3a, Stalking Injunctions; (ii) a foreign protection order enforceable under Title 78B, Chapter 7, Part 3, Uniform Interstate Enforcement of Domestic Violence Protection Orders Act; (iii)Chapter 36, Cohabitant Abuse Procedures Act; (iv)Title 78A, Chapter 6, Juvenile Court Act; or (v)Title 78B, Chapter 7, Part 1, Cohabitant Abuse Act; and
(i)Chapter 3a, Stalking Injunctions;
(ii) a foreign protection order enforceable under Title 78B, Chapter 7, Part 3, Uniform Interstate Enforcement of Domestic Violence Protection Orders Act;
(iii)Chapter 36, Cohabitant Abuse Procedures Act;
(iv)Title 78A, Chapter 6, Juvenile Court Act; or
(v)Title 78B, Chapter 7, Part 1, Cohabitant Abuse Act; and
(b) unless the court determines that the requirements of Subsection (1) are met, and: (i) the same court issued the order for protection against the respondent; or (ii) if the matter is before a subsequent court, the subsequent court: (A) determines it would be impractical for the original court to consider the matter; or (B) confers with the court that issued the order for protection.
(i) the same court issued the order for protection against the respondent; or
(ii) if the matter is before a subsequent court, the subsequent court: (A) determines it would be impractical for the original court to consider the matter; or (B) confers with the court that issued the order for protection.
(A) determines it would be impractical for the original court to consider the matter; or
(B) confers with the court that issued the order for protection.
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