ABC pulled Taylor Frankie Paul's season of The Bachelorette on March 19, 2026, after TMZ released a 2023 video showing her attacking ex-boyfriend Dakota Mortensen with chairs while their child was present. A Utah court has since granted Mortensen temporary sole custody of their 2-year-old son Ever, with a 100-foot restraining order in place until an April 7, 2026 hearing. This case illustrates exactly how Utah family courts handle domestic violence allegations when children are involved.
| Key Facts | Details |
|---|---|
| What happened | ABC canceled Taylor Frankie Paul's Bachelorette season after 2023 domestic violence video surfaced |
| When | Video released March 19, 2026; incident occurred in 2023 |
| Where | Draper, Utah (Salt Lake County) |
| Who is affected | Paul, ex-boyfriend Dakota Mortensen, their 2-year-old son Ever |
| Court action | Temporary sole custody granted to Mortensen; 100-foot restraining order |
| Next hearing | April 7, 2026 |
| Investigation | Draper Police Department active DV investigation, allegations in both directions |
Utah Courts Treat Domestic Violence as a Presumptive Custody Factor
Utah law does not treat domestic violence as one factor among many. Under Utah Code § 30-3-10.2, when a court finds that a parent has committed domestic violence, there is a rebuttable presumption that awarding custody to the offending parent is not in the child's best interest. That means the accused parent carries the burden of proving they should have custody, rather than the other parent having to prove they should not.
This is a significant legal standard. In most custody disputes, Utah courts evaluate the "best interest of the child" using roughly 10 factors listed under Utah Code § 30-3-10, including each parent's moral character, emotional stability, and past conduct. But when domestic violence enters the picture, the analysis shifts. The court starts from a position that the violent parent should not get custody, and that parent must overcome that presumption with clear evidence.
The video reportedly shows Paul throwing chairs at Mortensen while their child was in the room. Under Utah Code § 76-5-109.1, committing domestic violence in the presence of a child can be charged as a separate offense carrying enhanced penalties. Even if a criminal charge does not result in conviction, the family court can still consider the conduct when making custody determinations. Family courts use a "preponderance of the evidence" standard (more likely than not), which is considerably lower than the criminal "beyond a reasonable doubt" threshold.
How Temporary Custody and Protective Orders Work in Utah
The temporary sole custody order Mortensen received is governed by Utah Code § 78B-7-603, which allows courts to include custody and parent-time provisions in protective orders. Utah judges can issue temporary orders on an ex parte basis, meaning without the other parent present, when there is an immediate risk of harm. These orders typically last 20 days before a full hearing, though courts can extend them.
The 100-foot restraining order falls under Utah's Cohabitant Abuse Act, Utah Code § 78B-7-102, which covers individuals who have lived together or share a child. A protective order in Utah can include no-contact provisions, exclusive possession of a shared residence, temporary custody, and restrictions on firearm possession.
The April 7 hearing will be critical. At that point, Paul will have the opportunity to present her side. Reports indicate that allegations have been made in both directions, meaning both parties have accused the other of domestic violence. When mutual allegations exist, Utah courts must determine the "predominant aggressor" rather than simply dismissing both claims. Under Utah Code § 77-36-2.1, officers and courts consider the severity of injuries, the history of domestic violence between the parties, and whether either person acted in self-defense.
What the Draper Police Investigation Means for Custody
Draper Police Department has confirmed an active domestic violence investigation. Utah law requires mandatory arrest when officers have probable cause to believe domestic violence occurred, per Utah Code § 77-36-2.2. However, the existence of a video from 2023 raises statute of limitations questions. Utah's statute of limitations for misdemeanor domestic violence is 2 years under Utah Code § 76-1-302, which means prosecutors would need to file charges by the 2025 anniversary of the incident. If the video shows conduct rising to felony-level aggravated assault, the 4-year felony limitation under Utah Code § 76-1-302 would apply instead.
Regardless of whether criminal charges result, the family court proceeding operates independently. A Utah family court judge can view the video, hear testimony about it, and use it to inform custody decisions even without a criminal conviction. This distinction matters because approximately 70% of domestic violence cases nationally do not result in criminal prosecution, according to the Bureau of Justice Statistics (2023), yet that conduct remains relevant in family court.
Practical Takeaways for Utah Residents
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Domestic violence creates a rebuttable presumption against custody in Utah. If you are experiencing domestic violence, documenting incidents strengthens your position in family court under Utah Code § 30-3-10.2. Photographs, medical records, police reports, and yes, video evidence, all carry weight.
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Temporary protective orders can be obtained quickly. Utah courts can issue ex parte orders the same day they are requested when immediate danger exists. Contact the Utah Domestic Violence Coalition at 1-800-897-5465 or visit udvc.org for help filing.
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Mutual accusations do not cancel each other out. Utah law requires courts to identify the predominant aggressor. If both parties have allegations, each claim is evaluated on its own merits.
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Criminal and family court proceedings run on separate tracks. You do not need a criminal conviction to obtain a protective order or win a custody modification. The evidentiary standard in family court (preponderance of evidence, roughly 51%) is far lower than criminal court (beyond reasonable doubt).
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Video evidence from years ago can still impact custody. While criminal statutes of limitations may bar prosecution, family courts consider a parent's entire history of conduct when evaluating the best interest of the child. There is no expiration date on relevance in custody proceedings.
Frequently Asked Questions
Does a domestic violence arrest automatically change custody in Utah?
No, an arrest alone does not automatically change custody. However, under Utah Code § 30-3-10.2, a court finding of domestic violence creates a rebuttable presumption against custody for the offending parent. The accused parent must then prove by a preponderance of evidence that custody would still serve the child's best interest. Temporary emergency orders can be issued within 24 hours of a petition.
How long does a Utah protective order last?
A Utah protective order initially lasts up to 150 days under the Cohabitant Abuse Act (Utah Code § 78B-7-106). After a full hearing, the court can extend the order for up to 3 years, and subsequent renewals are available. Temporary ex parte orders last approximately 20 days until the court holds a hearing where both parties can appear.
Can domestic violence from 2023 still affect a 2026 custody case in Utah?
Yes. Family courts have no statute of limitations on considering past conduct when evaluating custody under the best-interest-of-the-child standard. While criminal prosecution for misdemeanor domestic violence must occur within 2 years (Utah Code § 76-1-302), a family court judge can consider incidents from any time period when making custody determinations.
What happens when both parents accuse each other of domestic violence in Utah?
Utah courts apply a predominant aggressor analysis under Utah Code § 77-36-2.1. Judges evaluate the severity of each alleged incident, the history between the parties, relative size and strength, and whether either party acted in self-defense. Courts do not simply dismiss mutual allegations; each claim is evaluated independently on its merits.
How does Utah determine temporary custody during a domestic violence investigation?
Utah judges can grant temporary sole custody through a protective order under Utah Code § 78B-7-603 when domestic violence is alleged. The petitioning parent must show a substantial likelihood of abuse. These temporary orders remain in effect until a full hearing, typically scheduled within 20 days, where both parents present evidence. The court prioritizes the child's physical and emotional safety above all other factors.
If you are experiencing domestic violence in Utah, contact the Utah Domestic Violence Coalition at 1-800-897-5465 or the National Domestic Violence Hotline at 1-800-799-7233. For legal questions about custody and protective orders, consult with a qualified Utah family law attorney who can evaluate your specific circumstances.
This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.