Terms Used In Utah Code > Title 78B > Chapter 7 - Protective Orders and Stalking Injunctions

• 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
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Affinity: means the same as that term is defined in Section 76-1-101. See Utah Code 78B-7-102
• 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
• Allegation: something that someone says happened.
• Appraisal: A determination of property value.
• Arrest: Taking physical custody of a person by lawful authority.
• Assessment: means an in-depth clinical interview with a licensed mental health therapist:

  (i)	used to determine if a person is in need of: (A)  substance abuse treatment that is obtained at a substance abuse program; (B)  an educational series; or (C)  a combination of Subsections (1)(b)(i)(A) and (B); and

  (ii)

  that is approved by the Division of Integrated Healthcare in accordance with Section 26B-5-104. See Utah Code 41-6a-501 Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed. Child 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-7-201 City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 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 Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records. 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 Cohabitant abuse 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-7-601 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Consanguinity: means the same as that term is defined in Section 76-1-101. See Utah Code 78B-7-102 Continuance: Putting off of a hearing ot trial until a later time. Contract: A legal written agreement that becomes binding when signed. Conviction: A judgement of guilt against a criminal defendant. Conviction: means any conviction arising from a separate episode of driving for a violation of: (i)  driving under the influence under Section 41-6a-502; (ii)  (A)  for an offense committed before July 1, 2008, alcohol, any drug, or a combination of both-related reckless driving under Sections 41-6a-512 and 41-6a-528; or (B)  for an offense committed on or after July 1, 2008, impaired driving under Section 41-6a-502. See Utah Code 41-6a-501 Conviction: means : (a)  a verdict or conviction; (b)  a plea of guilty or guilty with a mental condition; (c)  a plea of no contest; or (d)  the acceptance by the court of a plea in abeyance. See Utah Code 78B-7-901 Court: means the district court or juvenile court. See Utah Code 78B-7-201 Court clerk: means a district court clerk. See Utah Code 78B-7-102 Criminal protective order: means an order issued under 8. See Utah Code 78B-7-102 Criminal stalking injunction: means a stalking injunction issued under 9. See Utah Code 78B-7-102 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. 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 Dating relationship: means a social relationship of a romantic or intimate nature, or a relationship which has romance or intimacy as a goal by one or both parties, regardless of whether the relationship involves sexual intimacy. See Utah Code 78B-7-102 Dating 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-7-402 Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Department: means the Department of Public Safety. See Utah Code 41-6a-102 Dismissal: The dropping of a case by the judge without further consideration or hearing. Source: Domestic violence: means the same as that term is defined in Section 77-36-1. See Utah Code 78B-7-102 Driving under the influence court: means a court that is approved as a driving under the influence court by the Judicial Council according to standards established by the Judicial Council. See Utah Code 41-6a-501 drugs: means : (i)  a controlled substance as defined in Section 58-37-2; (ii)  a drug as defined in Section 58-17b-102; or (iii)  a substance that, when knowingly, intentionally, or recklessly taken into the human body, can impair the ability of a person to safely operate a motor vehicle. See Utah Code 41-6a-501 Educational series: means an educational series obtained at a substance abuse program that is approved by the Division of Integrated Healthcare in accordance with Section 26B-5-104. See Utah Code 41-6a-501 Employee: means an employee in the service of an employer for compensation. See Utah Code 78B-7-1101 Employer: means a person who employs an individual in this state. See Utah Code 78B-7-1101 Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Ex parte child protective order: means an order issued without notice to the respondent under this part. See Utah Code 78B-7-201 Ex parte civil protective order: means an order issued without notice to the respondent under: (a)  2; (b)  4; (c)  5; or (d)  6. See Utah Code 78B-7-102 Ex parte civil stalking injunction: means a stalking injunction issued without notice to the respondent under 7. See Utah Code 78B-7-102 Ex parte cohabitant abuse protective order: means an order issued without notice to the respondent under this part. See Utah Code 78B-7-601 Ex parte dating violence protective order: means an order issued without notice to the respondent under this part. See Utah Code 78B-7-402 Ex parte sexual violence protective order: means an order issued without notice to the respondent under this part. See Utah Code 78B-7-502 Ex parte workplace violence protective order: means an order issued without notice to the respondent under this part. See Utah Code 78B-7-1101 Expunge: means to seal or otherwise restrict access to an individual's record held by an agency when the record includes a civil order. See Utah Code 78B-7-1001 Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller. Foreign protection order: means the same as that term is defined in Section 78B-7-302. See Utah Code 78B-7-102 Foreign protection order: means a protection order issued by a tribunal of another state. See Utah Code 78B-7-302 Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs. Guardian: includes a person who:Utah Code 68-3-12.5 Highway: means the entire width between property lines of every way or place of any nature when any part of it is open to the use of the public as a matter of right for vehicular travel. See Utah Code 41-6a-102 Household animal: means an animal that is tamed and kept as a pet. See Utah Code 78B-7-102 Immediate family: means the same as that term is defined in Section 76-5-106. See Utah Code 78B-7-901 Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate. Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Intimate partner: means the same as that term is defined in 18 U. See Utah Code 78B-7-102 Issuing state: means the state whose tribunal issues a protection order. See Utah Code 78B-7-302 Jail release agreement: includes a written agreement that includes the conditions described in Section (1)(a) entered into by a minor who is taken into custody or placed in detention or a shelter facility under Section 80-6-201. See Utah Code 78B-7-801 Jail release court order: means a written court order that: (a)  orders an arrested or cited individual not to engage in any of the following: (i)  telephoning, contacting, or otherwise communicating with the alleged victim, directly or indirectly; (ii)  threatening or harassing the alleged victim; or (iii)  knowingly entering onto the premises of the alleged victim's residence or on premises temporarily occupied by the alleged victim, unless, after a law enforcement officer or the law enforcement officer's employing agency notifies or attempts to notify the alleged victim, the individual enters the premises while accompanied by a law enforcement officer for the purpose of retrieving the individual's personal belongings; and (b)  specifies other conditions of release from jail. See Utah Code 78B-7-801 Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. law enforcement agency: means any public agency having general police power and charged with making arrests in connection with enforcement of the criminal statutes and ordinances of this state or any political subdivision. See Utah Code 78B-7-102 Law enforcement agency: means the same as that term is as defined in Section 53-1-102. See Utah Code 41-6a-102 Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff. Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. Minor: means the same as that term is defined in Section 80-1-102. See Utah Code 78B-7-801 Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5 motor vehicle: includes : (A)  an off-highway vehicle as defined under Section 41-22-2; and (B)  a motorboat as defined in Section 73-18-2. See Utah Code 41-6a-501 Motor vehicle: means a vehicle that is self-propelled and a vehicle that is propelled by electric power obtained from overhead trolley wires, but not operated upon rails. See Utah Code 41-6a-102 Mutual foreign protection order: means a foreign protection order that includes provisions in favor of both the protected individual seeking enforcement of the order and the respondent. See Utah Code 78B-7-302 Negligence: means simple negligence, the failure to exercise that degree of care that an ordinarily reasonable and prudent person exercises under like or similar circumstances. See Utah Code 41-6a-501 Off-highway vehicle: means the same as that term is defined under Section 41-22-2. See Utah Code 41-6a-102 Offense against a child or vulnerable adult: means the commission or attempted commission of an offense described in: (a)  Section 76-5-109, child abuse; (b)  Section 76-5-109. See Utah Code 78B-7-801 Operate: means the same as that term is defined in Section 41-1a-102. See Utah Code 41-6a-102 Operator: means : (a)  a human driver, as defined in Section 41-26-102. See Utah Code 41-6a-102 Oversight: Committee review of the activities of a Federal agency or program. Peace officer: means those individuals specified in Title 53, Chapter 13, Peace Officer Classifications. See Utah Code 78B-7-102 Peace officer: means a peace officer authorized under Title 53, Chapter 13, Peace Officer Classifications, to direct or regulate traffic or to make arrests for violations of traffic laws. See Utah Code 41-6a-102 Person: means :Utah Code 68-3-12.5 Person: means a natural person, firm, copartnership, association, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity. See Utah Code 41-6a-102 Personal property: includes :Utah Code 68-3-12.5 Personal property: All property that is not real property. Petitioner: means an individual petitioning for expungement of a civil order under this part. See Utah Code 78B-7-1001 Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court. Probable cause: A reasonable ground for belief that the offender violated a specific law. Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed. Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5 Property: includes both real and personal property. See Utah Code 68-3-12.5 Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. Protected individual: means an individual protected by a protection order. See Utah Code 78B-7-302 Protection order: means an injunction or other order, issued by a tribunal under the domestic violence, family-violence, or anti-stalking laws of the issuing state, to prevent an individual from engaging in violent or threatening acts against, harassment of, contact or communication with, or physical proximity to, another individual. See Utah Code 78B-7-302 Protective order: means : (a)  a child protective order; or (b)  an ex parte child protective order. See Utah Code 78B-7-201 Protective order: means : (a)  a dating violence protective order; or (b)  an ex parte dating violence protective order. See Utah Code 78B-7-402 Protective order: means : (a)  a sexual violence protective order; or (b)  an ex parte sexual violence protective order. See Utah Code 78B-7-502 Protective order: means : (a)  a cohabitant abuse protective order; or (b)  an ex parte cohabitant abuse protective order. See Utah Code 78B-7-601 Protective order: means : (a)  a workplace violence protective order; or (b)  an ex parte workplace violence protective order. See Utah Code 78B-7-1101 Qualifying domestic violence offense: means the same as that term is defined in Section 77-36-1. See Utah Code 78B-7-102 Qualifying offense: means : (a)  domestic violence; (b)  an offense against a child or vulnerable adult; or (c)  the commission or attempted commission of an offense described in Section 76-9-702. See Utah Code 78B-7-801 Respondent: means the individual against whom enforcement of a protective order is sought. See Utah Code 78B-7-102 Respondent: means the individual against whom enforcement of a protection order is sought. See Utah Code 78B-7-302 Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. Road: includes :Utah Code 68-3-12.5 Screening: means a preliminary appraisal of a person: (i)  used to determine if the person is in need of: (A)  an assessment; or (B)  an educational series; and (ii)  that is approved by the Division of Integrated Healthcare in accordance with Section 26B-5-104. See Utah Code 41-6a-501 Serious bodily injury: means bodily injury that creates or causes: (i)  serious permanent disfigurement; (ii)  protracted loss or impairment of the function of any bodily member or organ; or (iii)  a substantial risk of death. See Utah Code 41-6a-501 Service of process: The service of writs or summonses to the appropriate party. 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 Sidewalk: means that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians. See Utah Code 41-6a-102 Stalking: means the same as that term is defined in Section 76-5-106. See Utah Code 78B-7-102 State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Utah Code 78B-7-302 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 Statute: A law passed by a legislature. Subpoena: A command to a witness to appear and give testimony. Substance abuse treatment: means treatment obtained at a substance abuse program that is approved by the Division of Integrated Healthcare in accordance with Section 26B-5-104. See Utah Code 41-6a-501 Swear: includes "affirm. See Utah Code 68-3-12.5 Traffic: means pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together while using any highway for the purpose of travel. See Utah Code 41-6a-102 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Tribunal: means a court, agency, or other entity authorized by law to issue or modify a protection order. See Utah Code 78B-7-302 United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Vehicle: means a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a mobile carrier, as defined in Section 41-6a-1120, or a device used exclusively on stationary rails or tracks. See Utah Code 41-6a-102 Verdict: The decision of a petit jury or a judge. Workplace violence: means knowingly causing or threatening to cause bodily injury to, or significant damage to the property of, a person, if: (a)  the person is: (i)  an employer; or (ii)  an employee performing the employee's duties as an employee; and (b)  (i)  the action would cause a reasonable person to feel terrorized, frightened, intimidated, or harassed; or (ii)  the threat: (A)  would cause a reasonable person to fear that the threat will be carried out; and (B)  if carried out, would cause a reasonable person to feel terrorized, frightened, intimidated, or harassed. See Utah Code 78B-7-1101 Workplace 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-7-1101 Writing: includes :Utah Code 68-3-12.5