Utah Code 78B-7-602. Abuse or danger of abuse — Cohabitant abuse protective orders

78B-7-602. Abuse or danger of abuse — Cohabitant abuse protective orders.

(1)

Any cohabitant who has been subjected to abuse or domestic violence, or to whom there is a substantial likelihood of abuse or domestic violence, may seek a protective order in accordance with this part, whether or not the cohabitant has left the residence or the premises in an effort to avoid further abuse.

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Terms Used In Utah Code 78B-7-602

Abuse: means , except as provided in Section 78B-7-201, intentionally or knowingly causing or attempting to cause another individual physical harm or intentionally or knowingly placing another individual in reasonable fear of imminent physical harm. See Utah Code 78B-7-102
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

Domestic violence: means the same as that term is defined in Section 77-36-1. See Utah Code 78B-7-102

Protective order: means :

(a)	a cohabitant abuse protective order; or

(b)	an ex parte cohabitant abuse protective order. See Utah Code 78B-7-601
(2)	A petition for a protective order may be filed under this part regardless of whether an action for divorce between the parties is pending.

(3)	A petition seeking a protective order may not be withdrawn without approval of the court.

Renumbered and Amended by Chapter 142, 2020 General Session

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