Utah Code > Title 78B > Chapter 7 > Part 8 – Criminal Protective Orders


§ 78B-7-801	Definitions
§ 78B-7-802	Conditions for release after arrest for domestic violence and other offenses — Jail release agreements — Jail release court orders
§ 78B-7-803	Pretrial protective orders
§ 78B-7-804	Sentencing and continuous protective orders for a domestic violence offense — Modification — Expiration
§ 78B-7-805	Sentencing protective orders and continuous protective orders for an offense that is not domestic violence — Modification — Expiration
§ 78B-7-806	Penalties
§ 78B-7-807	Notice to victims

Have a question?
Click here to chat with a criminal defense lawyer and protect your rights.

Terms Used In Utah Code > Title 78B > Chapter 7 > Part 8 - Criminal Protective Orders

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
Arrest: Taking physical custody of a person by lawful authority.
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.
Conviction: A judgement of guilt against a criminal defendant.
Court: means the district court or juvenile court. See Utah Code 78B-7-201
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
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.
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
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

Minor: means the same as that term is defined in Section 80-1-102. See Utah Code 78B-7-801

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

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.

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

Protective order: means :

(a)	a child protective order; or

(b)

an ex parte child protective order. See Utah Code 78B-7-201

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

Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.

Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

Writing: includes :Utah Code 68-3-12.5