§ 77-36-1 Definitions
§ 77-36-1.1 Enhancement of offense and penalty for subsequent domestic violence offenses
§ 77-36-1.2 Acceptance of a plea of guilty or no contest to domestic violence — Restrictions
§ 77-36-2.1 Duties of law enforcement officers — Notice to victims — Lethality assessments
§ 77-36-2.2 Powers and duties of law enforcement officers to arrest — Reports of domestic violence cases — Reports of parties’ marital status
§ 77-36-2.3 Law enforcement officer’s training
§ 77-36-2.4 Violation of a protective order — Mandatory arrest — Penalties
§ 77-36-2.6 Appearance required — Considerations by court
§ 77-36-2.7 Dismissal — Diversion prohibited — Plea in abeyance — Pretrial protective order
§ 77-36-5 Sentencing — Restricting contact with victim — Electronic monitoring — Counseling — Cost assessed against perpetrator — Sentencing protective order — Continuous protective order
§ 77-36-5.1 Conditions of probation for domestic violence offense
§ 77-36-6 Enforcement of orders
§ 77-36-7 Prosecutor to notify victim of decision as to prosecution
§ 77-36-8 Peace officers’ immunity from liability
§ 77-36-9 Severability clause
§ 77-36-10 Authority to prosecute class A misdemeanor violations
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Terms Used In Utah Code > Title 77 > Chapter 36 - Cohabitant Abuse Procedures Act

  • Allegation: something that someone says happened.
  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Branded title: means a title certificate that is labeled:
    (a) rebuilt and restored to operation;
    (b) flooded and restored to operation; or
    (c) not restored to operation. See Utah Code 41-1a-102
  • Certificate of title: means a document issued by a jurisdiction to establish a record of ownership between an identified owner and the described vehicle, vessel, or outboard motor. See Utah Code 41-1a-102
  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Cohabitant: means the same as that term is defined in Section 78B-7-102. See Utah Code 77-36-1
  • Commission: means the State Tax Commission. See Utah Code 41-1a-102
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Dealer: means a person engaged or licensed to engage in the business of buying, selling, or exchanging new or used vehicles, vessels, or outboard motors either outright or on conditional sale, bailment, lease, chattel mortgage, or otherwise or who has an established place of business for the sale, lease, trade, or display of vehicles, vessels, or outboard motors. See Utah Code 41-1a-102
  • Department: means the Department of Public Safety. See Utah Code 77-36-1
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Division: means the Motor Vehicle Division of the commission, created in Section 41-1a-106. See Utah Code 41-1a-102
  • Divorced: means an individual who has obtained a divorce under Title 30, Chapter 3, Divorce. See Utah Code 77-36-1
  • Docket: A log containing brief entries of court proceedings.
  • domestic violence offense: includes commission or attempt to commit, any of the following offenses by one cohabitant against another:
    (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
  • 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.
  • 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.
  • Gross laden weight: means the actual weight of a vehicle or combination of vehicles, equipped for operation, to which shall be added the maximum load to be carried. See Utah Code 41-1a-102
  • Highway: includes :Utah Code 68-3-12.5
  • Identification number: includes a vehicle identification number, state assigned identification number, hull identification number, and motor serial number. See Utah Code 41-1a-102
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Jurisdiction: means a state, district, province, political subdivision, territory, or possession of the United States or any foreign country. See Utah Code 41-1a-102
  • 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.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Manufacturer: means a person engaged in the business of constructing, manufacturing, assembling, producing, or importing new or unused vehicles, vessels, or outboard motors for the purpose of sale or trade. See Utah Code 41-1a-102
  • 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. See Utah Code 77-36-1
  • Motor vehicle: means a self-propelled vehicle intended primarily for use and operation on the highways. See Utah Code 41-1a-102
  • Not married: means any living arrangement other than married and living together, divorced, or separated. See Utah Code 77-36-1
  • Odometer: means a device for measuring and recording the actual distance a vehicle travels while in operation, but does not include any auxiliary odometer designed to be periodically reset. See Utah Code 41-1a-102
  • Outboard motor: means a detachable self-contained propulsion unit, excluding fuel supply, used to propel a vessel. See Utah Code 41-1a-102
  • Owner: means a person, other than a lienholder, holding title to a vehicle, vessel, or outboard motor whether or not the vehicle, vessel, or outboard motor is subject to a security interest. See Utah Code 41-1a-102
  • Person: means :Utah Code 68-3-12.5
  • 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.
  • Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source:
  • 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.
  • 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.
  • Protective order: includes an order issued under Subsection 78B-7-804(3). See Utah Code 77-36-1
  • Public garage: means a building or other place where vehicles or vessels are kept and stored and where a charge is made for the storage and keeping of vehicles and vessels. See Utah Code 41-1a-102
  • Registration: means a document issued by a jurisdiction that allows operation of a vehicle or vessel on the highways or waters of this state for the time period for which the registration is valid and that is evidence of compliance with the registration requirements of the jurisdiction. See Utah Code 41-1a-102
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Repair or replacement: means the restoration of vehicles, vessels, or outboard motors to a sound working condition by substituting any inoperative part of the vehicle, vessel, or outboard motor, or by correcting the inoperative part. See Utah Code 41-1a-102
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • 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. See Utah Code 77-36-1
  • 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. See Utah Code 77-36-1
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • 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
  • Title: means the right to or ownership of a vehicle, vessel, or outboard motor. See Utah Code 41-1a-102
  • Transferee: means a person to whom the ownership of property is conveyed by sale, gift, or any other means except by the creation of a security interest. See Utah Code 41-1a-102
  • Transferor: means a person who transfers the person's ownership in property by sale, gift, or any other means except by creation of a security interest. See Utah Code 41-1a-102
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • Vehicle: includes a motor vehicle, trailer, semitrailer, off-highway vehicle, camper, park model recreational vehicle, manufactured home, and mobile home. See Utah Code 41-1a-102
  • Verdict: The decision of a petit jury or a judge.
  • Vessel: means the same as that term is defined in Section 73-18-2. See Utah Code 41-1a-102
  • Victim: means a cohabitant who has been subjected to domestic violence. See Utah Code 77-36-1
  • Victim advocate: work with prosecutors and assist the victims of a crime.
  • Writing: includes :Utah Code 68-3-12.5