Superseded 7/1/2023)

Superseded 7/1/2023
78B-7-102.  Definitions.
     As used in this chapter:

(1)  “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.

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Terms Used In Utah Code 78B-7-102

(a) a child protective order; or
(b) an ex parte child protective order. See Utah Code 78B-7-201
  • Respondent: means the individual against whom enforcement of a protective order is sought. See Utah Code 78B-7-102
  • 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
    • (2)  “Affinity” means the same as that term is defined in Section 76-1-101.5.

    (3)  “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.

    (4)  “Civil stalking injunction” means a stalking injunction issued under 7.

    (5) 

    (a)  “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.

    (b)  “Cohabitant” does not include:

    (i)  the relationship of natural parent, adoptive parent, or step-parent to a minor; or

    (ii)  the relationship between natural, adoptive, step, or foster siblings who are under 18 years old.

    (6)  “Consanguinity” means the same as that term is defined in Section 76-1-101.5.

    (7)  “Criminal protective order” means an order issued under 8.

    (8)  “Criminal stalking injunction” means a stalking injunction issued under 9.

    (9)  “Court clerk” means a district court clerk.

    (10) 

    (a)  “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.

    (b)  “Dating partner” does not include an intimate partner.

    (11) 

    (a)  “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.

    (b)  “Dating relationship” does not include casual fraternization in a business, educational, or social context.

    (c)  In determining, based on a totality of the circumstances, whether a dating relationship exists:

    (i)  all relevant factors shall be considered, including:

    (A)  whether the parties developed interpersonal bonding above a mere casual fraternization;

    (B)  the length of the parties’ relationship;

    (C)  the nature and the frequency of the parties’ interactions, including communications indicating that the parties intended to begin a dating relationship;

    (D)  the ongoing expectations of the parties, individual or jointly, with respect to the relationship;

    (E)  whether, by statement or conduct, the parties demonstrated an affirmation of their relationship to others; and

    (F)  whether other reasons exist that support or detract from a finding that a dating relationship exists; and

    (ii)  it is not necessary that all, or a particular number, of the factors described in Subsection (11)(c)(i) are found to support the existence of a dating relationship.

    (12)  “Domestic violence” means the same as that term is defined in Section 77-36-1.

    (13)  “Ex parte civil protective order” means an order issued without notice to the respondent under:

    (a)  2;

    (b)  4;

    (c)  5; or

    (d)  6.

    (14)  “Ex parte civil stalking injunction” means a stalking injunction issued without notice to the respondent under 7.

    (15)  “Foreign protection order” means the same as that term is defined in Section 78B-7-302.

    (16)  “Household animal” means an animal that is tamed and kept as a pet.

    (17)  “Intimate partner” means the same as that term is defined in 18 U.S.C. § 921.

    (18)  “Law enforcement unit” or “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.

    (19)  “Peace officer” means those individuals specified in Title 53, Chapter 13, Peace Officer Classifications.

    (20)  “Qualifying domestic violence offense” means the same as that term is defined in Section 77-36-1.1.

    (21)  “Respondent” means the individual against whom enforcement of a protective order is sought.

    (22)  “Stalking” means the same as that term is defined in Section 76-5-106.5.

    Amended by Chapter 142, 2022 General Session
    Amended by Chapter 430, 2022 General Session

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