Utah Code 78B-7-113. Statewide domestic violence network — Peace officers’ duties — Prevention of abuse in absence of order — Limitation of liability
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Terms Used In Utah Code 78B-7-113
- 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
- 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:(3)(a) Part 2, Child Protective Orders;(3)(d) Part 6, Cohabitant Abuse Protective Orders; or(3)(e) Part 11, Workplace Violence Protective Orders. See Utah Code 78B-7-102
- Cohabitant: means an emancipated individual under Section 15-2-1 or an individual who is 16 years old or older who:
(5)(a)(i) is or was a spouse of the other party;(5)(a)(ii) is or was living as if a spouse of the other party;(5)(a)(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;(5)(a)(iv) has or had one or more children in common with the other party;(5)(a)(v) is the biological parent of the other party's unborn child;(5)(a)(vi) resides or has resided in the same residence as the other party; or(5)(a)(vii) is or was in a consensual sexual relationship with the other party. See Utah Code 78B-7-102- Court: means the district court or juvenile court. See Utah Code 78B-7-201
- Criminal protective order: means an order issued under Part 8, Criminal Protective Orders. See Utah Code 78B-7-102
- Peace officer: means those individuals specified in Title 53, Chapter 13, Peace Officer Classifications. See Utah Code 78B-7-102
- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5- Protective order: means :
(5)(a) a child protective order; or(5)(b) an ex parte child protective order. See Utah Code 78B-7-201- 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
(1)(a)(1)(a)(i) Law enforcement units, the Department of Public Safety, and the Administrative Office of the Courts shall utilize statewide procedures to ensure that a peace officer at the scene of an alleged violation of a civil protective order or criminal protective order has immediate access to information necessary to verify the existence and terms of that order, and other orders of the court required to be made available on the network under this chapter, Title 77, Chapter 36, Cohabitant Abuse Procedures Act, or Section 77-38-3.(1)(a)(ii) The peace officers described in Subsection (1)(a)(i) shall use every reasonable means to enforce the court’s order, in accordance with the requirements and procedures of this chapter, Title 77, Chapter 36, Cohabitant Abuse Procedures Act, and Section 77-38-3.(1)(b) The Administrative Office of the Courts, in cooperation with the Department of Public Safety and the Criminal Investigations and Technical Services Division, established in Section 53-10-103, shall provide for a single, statewide network containing:(1)(b)(i) all civil protective orders and criminal protective orders issued by a court of this state; and(1)(b)(ii) all other court orders or reports of court action that are required to be available on the network under this chapter, Title 77, Chapter 36, Cohabitant Abuse Procedures Act, and Section 77-38-3.(1)(c) The entities described in Subsection (1)(b) may utilize the same mechanism as the statewide warrant system, described in Section 53-10-208.(1)(d)(1)(d)(i) Except as provided in Subsection (1)(d)(ii), the Administrative Office of the Courts shall make all orders and reports required to be available on the network available within 24 hours after court action.(1)(d)(ii) If the court that issued an order that is required to be available under Subsection (1)(d)(i) is not part of the state court computer system, the Administrative Office of the Courts shall make the order and report available on the network within 72 hours after court action.(1)(e) The Administrative Office of the Courts and the Department of Public Safety shall make the information contained in the network available to a court, law enforcement officer, or agency upon request.(2) When any peace officer has reason to believe a cohabitant or child of a cohabitant is being abused, or that there is a substantial likelihood of immediate danger of abuse, although no civil or criminal protective order has been issued, that officer shall use all reasonable means to prevent the abuse, including:(2)(a) remaining on the scene as long as it reasonably appears there would otherwise be danger of abuse;(2)(b) making arrangements for the victim to obtain emergency medical treatment;(2)(c) making arrangements for the victim to obtain emergency housing or shelter care;(2)(d) explaining to the victim the victim’s rights in these matters;(2)(e) asking the victim to sign a written statement describing the incident of abuse; or(2)(f) arresting and taking into physical custody the abuser in accordance with the provisions of Title 77, Chapter 36, Cohabitant Abuse Procedures Act.(3) No person or institution may be held criminally or civilly liable for the performance of, or failure to perform, any duty established by this chapter, so long as that person acted in good faith and without malice. - Cohabitant: means an emancipated individual under Section 15-2-1 or an individual who is 16 years old or older who: