Utah Code 78B-7-503. Sexual violence — Sexual violence protective orders

78B-7-503. Sexual violence — Sexual violence protective orders.

(1)

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Terms Used In Utah Code 78B-7-503

Cohabitant: means an emancipated individual under Section 15-2-1 or an individual who is 16 years old or older who:

(i)	is or was a spouse of the other party;

(ii)	is or was living as if a spouse of the other party;

(iii)

is related by blood or marriage to the other party as the individual's parent, grandparent, sibling, or any other individual related to the individual by consanguinity or affinity to the second degree;

(iv)	has or had one or more children in common with the other party;

(v)	is the biological parent of the other party's unborn child;

(vi)	resides or has resided in the same residence as the other party; or

(vii)

is or was in a consensual sexual relationship with the other party. See Utah Code 78B-7-102

Court: means the district court or juvenile court. See Utah Code 78B-7-201

Dating partner: means an individual who:

(i)

(A)	is an emancipated individual under Section 15-2-1 or Title 80, Chapter 7, Emancipation; or

(B)	is 18 years old or older; and

(ii)

is, or has been, in a dating relationship with the other party. See Utah Code 78B-7-102

Protective order: means :

(a)	a sexual violence protective order; or

(b)

an ex parte sexual violence protective order. See Utah Code 78B-7-502

Respondent: means the individual against whom enforcement of a protective order is sought. See Utah Code 78B-7-102

Sexual violence: means the commission or the attempt to commit:

(a)	any sexual offense described in 4, or 2;

(b)	human trafficking for sexual exploitation under Section 76-5-308. See Utah Code 78B-7-502 Sexual violence protective order: means an order issued under this part after a hearing on the petition, of which the petitioner and respondent have been given notice. See Utah Code 78B-7-502
(a)	An individual may seek a protective order under this part if the individual has been subjected to sexual violence and is neither a cohabitant nor a dating partner of the respondent.

(b)	An individual may not seek a protective order on behalf of a child under this part.

(2)	A petition seeking a sexual violence protective order may not be withdrawn without written order of the court.

Enacted by Chapter 365, 2019 General Session

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