Reality TV star Taylor Frankie Paul of Hulu's Mormon Wives lost temporary custody of her 2-year-old son after ex-boyfriend Dakota Mortensen obtained a protective order in a Utah court, alleging she choked and shoved him while their child was present. Under Utah Code § 30-3-34.5, a parent who commits domestic violence in the presence of a child faces a rebuttable presumption against custody, and that statute is now squarely in play heading into the April 7, 2026 hearing.
Key Facts
| Detail | Information |
|---|---|
| What happened | Dakota Mortensen obtained a temporary restraining order against Taylor Frankie Paul, and a Utah judge granted him temporary custody of their son |
| When | Restraining order filed week of March 17, 2026; hearing set for April 7, 2026 |
| Where | Utah (Salt Lake County family court) |
| Who is affected | Taylor Frankie Paul, Dakota Mortensen, their 2-year-old son |
| Key statute | Utah Code § 30-3-34.5 — rebuttable presumption against custody for DV perpetrators |
| Broader impact | ABC canceled The Bachelorette casting of Paul; Hulu paused Mormon Wives production |
Why This Case Matters Legally
Domestic violence allegations in Utah custody cases trigger one of the strongest statutory presumptions in family law. Utah Code § 30-3-34.5 creates a rebuttable presumption that a parent who has committed domestic violence or abuse should not receive sole or joint custody. That means once a court finds domestic violence occurred, the burden shifts entirely to the accused parent to prove that custody would still serve the child's best interest.
According to TMZ's March 19 report, Mortensen alleged that Paul choked and shoved him while their son was in the room. Separately, newly surfaced video from a 2023 incident reportedly shows a child being struck during an altercation. These are exactly the kinds of allegations that activate Utah's domestic violence custody framework.
The temporary custody transfer happened at the restraining order stage, before the full evidentiary hearing. Under Utah Code § 78B-7-603, a court issuing a protective order can grant temporary custody of minor children to the petitioner when there is reason to believe the child's safety is at risk. That is what appears to have happened here. The April 7 hearing will determine whether the protective order becomes permanent and what the longer-term custody arrangement will look like.
It is worth noting that Utah courts treat domestic violence committed in the presence of a child as an aggravating factor. Utah Code § 76-5-109.1 makes committing domestic violence in front of a child a separate criminal offense, elevating a class B misdemeanor to a class A misdemeanor. If criminal charges follow the protective order proceedings, Paul could face penalties of up to 364 days in jail and a $2,500 fine under Utah's class A misdemeanor sentencing guidelines.
How Utah Law Handles Domestic Violence in Custody Cases
Utah takes a structured, statute-driven approach to domestic violence in family court. The process typically unfolds in stages, and this case illustrates them clearly.
First, the protective order phase. Under Utah Code § 78B-7-102, a cohabitant or former cohabitant can petition for a protective order by showing abuse occurred. The court can issue a temporary (ex parte) order the same day the petition is filed, without the other party being present. That order can include temporary custody provisions, no-contact requirements, and exclusive possession of a shared residence.
Second, the evidentiary hearing. Within 20 days of an ex parte order, Utah courts must hold a full hearing where both sides present evidence. At the April 7 hearing, the court will evaluate testimony, any video evidence, police reports, and witness statements before deciding whether to issue a permanent protective order lasting up to 150 days (with the possibility of renewal).
Third, the custody determination. If the court finds that domestic violence occurred, Utah Code § 30-3-34.5 kicks in with the rebuttable presumption. To overcome that presumption, the accused parent must demonstrate by a preponderance of the evidence that custody would still be in the child's best interest. Courts consider factors including completion of a domestic violence treatment program, the severity and recency of the violence, and the parent's overall relationship with the child under Utah Code § 30-3-32.
Utah's framework is among the more protective in the country. According to the National Council of Juvenile and Family Court Judges, approximately 27 states have some form of rebuttable presumption against custody for domestic violence perpetrators, but Utah's statute is particularly broad in its application to both sole and joint custody arrangements.
Practical Takeaways
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Protective orders in Utah move fast. A petitioner can obtain a temporary order within 24 hours and temporary custody along with it. If you are in a domestic violence situation, contact the Utah Domestic Violence Coalition at 1-800-897-5465 or visit your local court's self-help center to file a petition under Utah Code § 78B-7-603.
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Video and photographic evidence carries significant weight. The 2023 video reportedly showing a child being struck during an altercation is exactly the type of evidence Utah courts rely on when determining whether to issue a permanent protective order. Document incidents contemporaneously if it is safe to do so.
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Domestic violence in front of children creates compounding legal consequences. Beyond the custody presumption under Utah Code § 30-3-34.5, the separate criminal charge under Utah Code § 76-5-109.1 means a parent could face both loss of custody and criminal penalties simultaneously.
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The April 7 hearing is the pivotal date. Temporary orders are exactly that: temporary. The full evidentiary hearing is where both sides present their case, and the court makes findings of fact. Anyone facing a similar situation should have legal representation by that stage, as the outcome shapes custody for months or years ahead.
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Completing a domestic violence intervention program early can matter. Utah courts look at whether an accused parent has proactively enrolled in a state-approved treatment program when evaluating the rebuttable presumption. Starting before the hearing demonstrates good faith, though it does not guarantee the presumption will be overcome.
Frequently Asked Questions
Can a protective order in Utah automatically change custody?
Yes. Under Utah Code § 78B-7-603, a judge issuing a protective order has the authority to grant temporary custody to the petitioner as part of the order. This can happen the same day the petition is filed, without a full hearing, if the court finds sufficient grounds to believe the child is at risk. The temporary custody arrangement remains in place until the evidentiary hearing, which must occur within 20 days.
What is the rebuttable presumption against custody in Utah domestic violence cases?
Utah Code § 30-3-34.5 establishes that a parent found to have committed domestic violence is presumed unfit for sole or joint custody. The accused parent must prove by a preponderance of the evidence that awarding them custody still serves the child's best interest. Factors the court considers include completion of a DV treatment program, the time elapsed since the violence, and the parent's overall fitness under Utah Code § 30-3-32.
Is domestic violence in front of a child a separate crime in Utah?
Yes. Utah Code § 76-5-109.1 makes committing domestic violence in the presence of a child a class A misdemeanor, punishable by up to 364 days in jail and a $2,500 fine. This is an enhancement over the standard class B misdemeanor charge for domestic violence. The statute applies when the child is present in the home or otherwise witnesses the violence, even if the child is not the direct target.
How long does a protective order last in Utah?
A temporary (ex parte) protective order in Utah remains in effect until the evidentiary hearing, which must be held within 20 days under Utah Code § 78B-7-603. If the court grants a permanent protective order after the hearing, it can last up to 150 days. The petitioner may request renewal before the order expires, and courts routinely grant extensions when ongoing risk is demonstrated.
Will this case affect Taylor Frankie Paul's custody of her other children?
Utah courts evaluate custody on a case-by-case basis, and protective orders are specific to the parties named. However, findings of domestic violence in one proceeding can be introduced as evidence in separate custody matters involving the same parent. Under Utah Code § 30-3-34.5, the rebuttable presumption applies whenever domestic violence is established, regardless of which family court proceeding raises it.
If you are navigating a custody dispute involving domestic violence allegations in Utah, speaking with a qualified family law attorney early in the process is the single most important step you can take. The statutory framework moves quickly, and the decisions made at the protective order stage often set the trajectory for the entire case.
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.