78B-7-1001.  Definitions.
     As used in this part:

(1) 

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Terms Used In Utah Code 78B-7-1001

  • agency: means a state, county, or local government entity that generates or maintains records relating to a civil order for which expungement may be ordered. See Utah Code 78B-7-1001
  • Civil order: means :
(a) an ex parte civil protective order;
(b) an ex parte civil stalking injunction;
(c) a civil protective order; or
(d) a civil stalking injunction. See Utah Code 78B-7-1001
  • Civil protective order: means an order issued, subsequent to a hearing on the petition, of which the petitioner and respondent have been given notice, under:
    (a) 2;
    (b) 4;
    (c) 5; or
    (d) 6. See Utah Code 78B-7-102
  • Civil stalking injunction: means a stalking injunction issued under 7. See Utah Code 78B-7-102
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Protective order: means :
    (a) a child protective order; or
    (b) an ex parte child protective order. See Utah Code 78B-7-201
  • Stalking: means the same as that term is defined in Section 76-5-106. See Utah Code 78B-7-102
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • (a)  Except as provided in Subsection (1)(b), “agency” means a state, county, or local government entity that generates or maintains records relating to a civil order for which expungement may be ordered.

    (b)  “Agency” does not include the Division of Child and Family Services created in Section 80-2-201.
  • (2)  “Civil order” means:

    (a)  an ex parte civil protective order;

    (b)  an ex parte civil stalking injunction;

    (c)  a civil protective order; or

    (d)  a civil stalking injunction.

    (3)  “Expunge” means to seal or otherwise restrict access to an individual’s record held by an agency when the record includes a civil order.

    (4)  “Petitioner” means an individual petitioning for expungement of a civil order under this part.

    Enacted by Chapter 270, 2022 General Session