Utah Code 77-36-1. Definitions
Current as of: 2023 | Check for updates
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As used in this chapter:
(1) | “Cohabitant” means the same as that term is defined in Section 78B-7-102. |
(a) | aggravated assault, as described in Section 76-5-103; |
(b) | aggravated cruelty to an animal, as described in Subsection 76-9-301(4), with the intent to harass or threaten the other cohabitant; |
(c) | assault, as described in Section 76-5-102; |
(d) | criminal homicide, as described in Section 76-5-201; |
(e) | harassment, as described in Section 76-5-106; |
(f) | electronic communication harassment, as described in Section 76-9-201; |
(g) | kidnapping, child kidnapping, or aggravated kidnapping, as described in Sections 76-5-301, 76-5-301. See Utah Code 77-36-1 |
(2) | “Department” means the Department of Public Safety. |
(3) | “Divorced” means an individual who has obtained a divorce under Title 30, Chapter 3, Divorce. |
(4) | “Domestic violence” or “domestic violence offense” means any criminal offense involving violence or physical harm or threat of violence or physical harm, or any attempt, conspiracy, or solicitation to commit a criminal offense involving violence or physical harm, when committed by one cohabitant against another. “Domestic violence” or “domestic violence offense” includes commission or attempt to commit, any of the following offenses by one cohabitant against another:
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(5) | “Jail release agreement” means the same as that term is defined in Section 78B-7-801. |
(6) | “Jail release court order” means the same as that term is defined in Section 78B-7-801. |
(7) | “Marital status” means married and living together, divorced, separated, or not married. |
(8) | “Married and living together” means a couple whose marriage was solemnized under Section 30-1-4 or 30-1-6 and who are living in the same residence. |
(9) | “Not married” means any living arrangement other than married and living together, divorced, or separated. |
(10) | “Protective order” includes an order issued under Subsection 78B-7-804(3). |
(11) | “Pretrial protective order” means a written order:
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(12) | “Sentencing protective order” means a written order of the court as part of sentencing in a domestic violence case that limits the contact an individual who is convicted or adjudicated of a domestic violence offense may have with a victim or other specified individuals under Section 78B-7-804. |
(13) | “Separated” means a couple who have had their marriage solemnized under Section 30-1-4 or 30-1-6 and who are not living in the same residence. |
(14) | “Victim” means a cohabitant who has been subjected to domestic violence. |
Amended by Chapter 185, 2022 General Session
Amended by Chapter 430, 2022 General Session